The yo-yo, chicle, velcro, and jacuzzi seem to have nothing in common. However, all share the ignominy of having been trademarks that became common nouns. That is why, for example, when mentioning a jacuzzi, one may think of a “hydromassage bathtub” (definition given by the Royal Spanish Academy) and not associate the word with a…
Category Archives: Analysis
Since the entry into force of the Law for the Protection of the Person against the Processing of their Data (Data Law), the importance of this topic in Costa Rica has increased. Likewise, the risk assumed by companies when handling personal information is increasing. In the past year alone, the Data Protection Agency (PRODHAB) has…
The way in which companies promote their products has changed. Currently, to the detriment of traditional advertising channels, many companies resort to the use of opinion leaders or “influencers” on social media to promote their brand. This practice has created a boom for some persons such that a tweet or publication on Twitter or Facebook…
The high flow of immigration and the relocation of foreign employees managed by national and transnational companies in Costa Rica mean that there is a need to obtain work permits in the shortest possible time and with the least risks and contingencies for companies. When hiring foreign personnel for its work structure, a company must…
Interesting changes are taking place in the Honduran market, thanks to technological advances in the electric power sector, where consumers and commercial/industrial companies can install self-consumption electrical energy systems in order to reduce usage, protect the environment and especially to reduce the amount of the electric bill. This practice is being implemented by entry into force…
Social media represent new challenges for those of us who work in the field of Intellectual Property. The unauthorized use of trademarks and their counterfeiting occur today in an environment that requires a different approach. Social media, and particularly Instagram is the new “go to location” for the promotion and development of brands, through full interaction with consumers…
Generally, a person invests in a corporation to obtain, eventually, economic advantages. The right to the dividend is acquired inherently, by virtue of being a shareholder, in a commercial company. The doctrine has classified it as a patrimonial right (with economic content) that the shareholder has against the corporate entity, unlike political rights (for example,…
It is necessary to go back to September 1999, during the Rodríguez Echeverría administration and as part of the “National Concertation Forum”. The convenience and necessity of de-monopolizing the insurance market in order to open it up to private competition were discussed. For promoters, the opening of the insurance market in Costa Rica would improve…
The Special Public Economic Development Zones (ZDEPs) in Guatemala emerged as a legal possibility after the reforms to the Law of the Santo Tomás de Castilla Free Zone (ZOLIC) were approved by a qualified majority of the Congress of the Republic in the year 2008. Notwithstanding the foregoing, and despite the existence of a regulation…
“Clauses agreed upon without due care may bring penalties to companies” The non-compete clause is a contractual obligation widely used in the business universe and can be perfectly valid and applied to different types of contracts, whether they are governed by labor law, commercial law and even antitrust law. However, a non-compete provision must meet…

