In general, there are no restrictions based on nationality for directors and managers of telecommunications companies. However, in the case of the Costa Rican Institute for Electricity (ICE), a major public company providing electricity and telecommunications services, all directors must be Costa Rican nationals. This requirement is in Art. 10 of the Law of Creation of the Costa Rican Electricity Institute, which states that the superior administration of the ICE shall correspond to a Board of Directors and that all of them must be Costa Ricans characterised by their honorability.

According to Art. 34 of Law No. 6.867 on Patents, Industrial Designs and Utility Models, it is mandatory to appoint a local representative to file a patent application if the applicant has a domicile or headquarters outside of Costa Rica.

Costa Rica is a party to the Patent Cooperation Treaty (PCT).

Costa Rica has a copyright regime under Law No. 6.683. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 67-76 list the exceptions, which include the reproduction of news that have the character of mere press information, speeches made in deliberative assemblies or public meetings, and works for educational or scientific purposes, among others.

It is reported that there are delays and a significant lack of progress in implementing the online copyright regime, and that uncertainty remains regarding the extent to which the Costa Rican government monitors and ensures that individual ministries and agencies maintain and use only duly licensed software. It is further reported that almost 60% of all software in Costa Rica is unlicensed.

Costa Rica has adopted the World Intellectual Property Organization (WIPO) Copyright Treaty.

Costa Rica has adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Law No. 7.975 and its Regulations (Executive Decree No. 34927-J-COMEX-S-MAG) provide a framework for effective protection of trade secrets.

There is an obligation for passive infrastructure sharing in the country to deliver telecom services to end users. Moreover, passive infrastructure sharing is practised in both the mobile and fixed sectors based on commercial agreements. The "Regulation on Infrastructure Sharing for the Support of Public Telecommunication Networks" regulates the sharing of infrastructure for public telecommunications networks in Costa Rica.

The Costa Rican Electricity Institute (ICE), which operates in the telecom sector, is a fully state-owned enterprise, and the acquisition of shares needs to be approved through special laws. Moreover, according to Art. 15 of Law No. 7.789, foreign participation in public or private telecommunication companies entering into joint ventures with the state-owned Heredia Public Services Company (ESPH) is limited to a maximum of 49% of the capital stock.

The government holds equity stakes in several telecommunications companies, notably the Costa Rican Electricity Institute (ICE), the Municipal Electricity Service Administrative Board of Cartago (JASEC), and the Heredia Public Services Company (ESPH). The ICE was established pursuant to Law No. 449.

It is reported that Costa Rica requires both functional separation for operators with significant market power (SMP) in the telecommunications sector and accounting separation across services; however, no specific legal provision establishing the obligation of functional separation has been identified. By contrast, the legal basis for accounting separation is explicit: Art. 75.b.ii of Law No. 7593 empowers the Telecommunications Superintendence (Sutel) to impose obligations on major operators and service providers, including the requirement to maintain distinct cost accounts for each service in accordance with the applicable regulatory framework.

Costa Rica has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

It is reported that Costa Rica's Telecommunications Superintendence (SUTEL), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.

According to Art. 31.f of Law No. 8968, transferring personal information of Costa Ricans or resident foreigners in the country to databases located in third countries without the consent of its owners is considered a serious offence. Therefore, although there is no outright prohibition of transfer without the consent of the data subject, in practice there is a conditional regime.