The Disclosure of Origin Requirement in Central America: Legal Texts, Practical Experience and Implementation Challenges

Study
Date period
8 July 2010

This paper presents Central America's legal framework and practical experience with regard to the disclosure of origin and the certificate of compliance in intellectual property application, particularly in cases involving patents.

The paper starts by presenting some theoretical considerations on this mechanism. It then outlines the main legal and administrative aspects of the disclosure of origin requirement in Costa Rican and Panamanian national laws, and discusses the actual experiences and challenges that arose from their implementation. Moreover, the paper analyses the impact of Free Trade Agreements on the disclosure of origin and biodiversity-related provisions in Costa Rican law. Finally, it suggests some recommendations on how to improve the drafting and implementation process of national legislation regarding this instrument.