Access and benefit sharing, intellectual property rights and the protection of traditional knowledge in Costa Rica

Abstract

This chapter analyzes the current situation and challenges to improve the implementation of the Access and Benefit Sharing (ABS) legal framework, including that which is related to traditional knowledge, the country's participation in the IGC and the impact of the IGC's work and results achieved to date to facilitate and support the ongoing national processes on these issues. It looks at the relationship between genetic resources and intellectual property (IP) rights in the Biodiversity Law and related provisions. The Biodiversity Law recognizes the existence of the certificate of origin in the case where national genetic resources are accessed and requires the presentation of this certificate before the competent office in order to issue IP rights. Similarly, a consultation is required with the Technical Office of CONABEGIO in the cases of innovations based on biodiversity elements of Costa Rica.