Certification

Regulations governing the use of collective mark of the board for the international promotion of medicine in Costa Rica - PROMED “COLLECTIVE MARK PROMED”

1. OBJECT OF THE REGULATIONS

These Regulations aim at governing the granting and use of the collective mark called “COLLECTIVE MARK PROMED” by establishing:

1. The common characteristics and qualities that the services covered by the Collective Mark must meet.

2. The specific conditions and particular characteristics of the services for the use of the Collective Mark.

3. The individuals and legal entities that may choose to use the Collective Mark.

4. The dispositions to secure and control the use of the Collective Mark.

5. The punishment in case of breach or violation of what is established in these Regulations.

2. DEFINITIONS

For the purposes of these Regulations governing the use of the Collective Mark, the following terms mean:

Board or Association: Council for the International Promotion of Costa Rica Medicine - PROMED.

Collective Mark: Collective Mark PROMED.

Regulations: Regulations for the Use of the Collective Mark: “Collective Mark PROMED”.

Users: Individuals or legal entities that offer services related to medical tourism who may choose to use the Collective Mark, in conformity with the requirements in these Regulations.

Services: Health services, physical and mental wellness, tourism services, academia, goods and services providers, all of them related to the health, medicine, wellness, and tourism industries; medical and pharmaceutical research centers, and training centers with careers related to health, medicine, and wellness.

Regulation and Evaluation Committee: Supervisory means for the use of the Collective Mark..

3. HOLDER OF THE COLLECTIVE MARK

   1. Holding firm: “Collective Mark PROMED” is exclusive property of the Council for the International Promotion of Costa Rica Medicine - PROMED.

   2. Domicile and headquarters: The board is established in the headquarters of the company Homewatch Caregivers, located in Escazú, at the KPMG building.

   3. Object of the Board: The Council for the International Promotion of Costa Rica Medicine ¾PROMED¾ is the non-profit private organization that coordinates the efforts carried out to ensure the quality of the services provided by the health industry in Costa Rica and their international promotion, with the intention of consolidating the country as a center for global medicine and major destination for medical tourism.

   4. Management body: The Board is represented by the Chairman of the Board, possessing the judicial and extrajudicial representation and powers of General Agent; if absent, he will be substituted by the vice-president of the Board, with the same powers and obligations of the President.

4. COLLECTIVE MARK

   1. Nature: “Collective Mark PROMED”, in compliance with the Law of Brands and Distinctive Symbols, is a collective mark created to be used by individuals and/or legal entities that comply with the requirements established for that purpose in these Regulations.

   2. Collective Mark: “Collective Mark PROMED”.

   3. Services: The Seal will apply  to the member services of which  fulfill the requirements in accordance with the norms hereby stated in these  Regulations.

   4. Individuals authorized to use the Collective Mark: The Collective Mark can be used by:

      1. The Board itself as holder.

      2. The active members of the Board, as long as they comply with the requirements established in these Regulations.

      3. Individuals or legal entities that comply with the requirements established in these Regulations.

5. CONDITIONS FOR THE USE OF THE COLLECTIVE MARK

Individuals or legal entities that wish to be creditors of the collective mark must comply with the following requisites, in the following order, and in conformity with the sector they represent, as well as without exception, must pay an amount equivalent to five hundred American dollars ($500 USD) to acquire the right of use for three (3) years:

1. Health services providers:

   • For public and private general hospitals; specialist clinics; and doctor offices:

     1. To have national accreditation and qualification from the Ministry of Health.

     2. To have one international accreditation from an entity avowed by the Government of the United States, Canada, or European countries: for example, JCI, AAAASF, and AAAHC.

     3. Specialist clinics and doctor offices will also have to have a support agreement for the care of complications.

     4. Health care professionals who work for this company will have to be duly accredited and affiliated to the respective professional school.

   • For businesses related to health, and physical and mental wellbeing:

     1. To meet the standards and requirements established by the Government of the United States, Canada, or European countries.

     2. Health care professionals who work for this company will have to be duly accredited and affiliated to the relevant professional school.

     3. To have INTECO’s or a related “Health Tourism” certification.

   • For health professionals:

     1. To have the duly accredited medical or dental specialty.

     2. To be included in a professional recertification system of the relevant professional school.

     3. To operate on their own, nationally and internationally credited structure, or to have credentialing from a nationally or internationally accredited hospital.

     4. To be duly credited and affiliated to the relevant professional school.

2. Tourism services providers (individually or in association):

   1. To have ICT’s tourism declaration.

   2. To have an emergency service available for the transfer of patients.

   3. To be located no more than thirty (30) minutes away from a medical facility that is appropriate for treating possible complications.

   4. To have INTECO’s or a related “Health Tourism” certification.

3. Academia (individually or in association):

   1. To have an international accreditation avowed by the Government of the United States, Canada, or European countries, such as the Certificate of Compliance with the Standards of Comparability with United States’ medical schools.

   2. To have among their careers the health, medicine, wellbeing, and tourism-oriented ones; medical and pharmaceutical research centers; and a training center with careers related to health, medicine, and wellbeing.

4. Suppliers of goods and services:

1. To have the law permits relevant to their operations.

2. That their products or services are registered correctly and have the approval of the competent authority.

3. That their products or services have official approval or international certification.

6. BOARD OF DIRECTORS

TThe Board of Directors will be the Board’s body responsible for ensuring the faithful observance of all the requirements established in this contract to opt for the use of the Collective Mark. 

The Board of Directors will have the following powers:

1. Once the Affiliate and/or interested third party presents all the documents to opt for the Collective Mark, the Board of Directors will perform a documented analysis through which it will verify that every requisite established in the documentation mentioned in the previous item, is observed.  

2. Once every requisite is verified, the Board of Directors will evaluate and decide if the Collective Mark is granted.  If the affiliate or requesting interested third party is dissatisfied in any way, they have ten (10) working days to appeal the denial, for which the Board of Directors will have to analyze again the requisites presented by the Affiliate and will have fifteen (15) working days to decide on the appeal.  There can be no appeal against the resolution issued by the Board of Directors.

3. Once the requirements are verified and in order, the Board of Directors grants the right of use of the Collective Mark in conformity with the guidelines established in these Regulations.

7. USE OF THE COLLECTIVE MARK

   1. PINDIVIDUALS WHO CAN USE THE COLLECTIVE MARK: The Collective Mark can only be used by individuals or legal entities that shape one of the categories of the associated groups or interested third parties specified in the sixth item of the Board’s bylaws.  These groups are:

      1. FOUNDERS: these are the participating affiliates in the Constituent Assembly.

      2. ACTIVES: besides the founders, will be affiliates who later joined the Constituent Assembly or the first Ordinary General Assembly, and who are in full possession of their rights.

      3. HONORARIES: ACOPROT, CINDE, “Comercio de Costa Rica”.

      4. THIRD PARTIES: interested parties that are part of any of the associated groups of the Board and that comply with the requirements established in these regulations for the use of the collective mark.

Founding and/or active members are comprised of the following sectors:

• Health services providers: public and private hospitals, specialized clinics and doctor offices, businesses related to health and mental wellbeing.

• Health professionals: these can opt for the Collective Mark in association through medical associations or private consortia formed by at least ten professionals: doctors and dentists, health professionals, alternative medicine providers.

• Tourism services providers: board and lodging companies, travel agencies, tour operators specializing in medical tourism, transportation companies (air, sea, land).

• Academia: public and private universities with careers related to health, medicine, wellbeing, and tourism, medical and pharmaceutical research centers, and training centers with careers related to health, medicine, and wellbeing.

• Suppliers of goods and services: pharmaceutical companies.  Suppliers of medical equipment, consulting firms in the health and tourism sectors, healthcare industry materials providers, dental laboratories, pharmacies, clinical laboratories, medical tourism infrastructure developers.

• Honorary affiliates: they will be, the Board itself, ACOPROT, CINDE, the Chamber of Commerce of Costa Rica, and everyone else appointed by the Board of Directors.

2. PERIOD OF USE:

Once the Collective Mark is granted, there are three procedures to follow:

1. Granting of the Collective Mark: from the time the affiliate or interested third party is notified by the Board of Directors of the approval of the granting of the Collective Mark, they will have the right to use it for a period of three (3) years.

2. Maintenance: During the period of use of the Collective Mark, the Board of Directors can do inspections, in accordance with what’s established in these regulations, with the intention of verifying the faithful compliance and good use of the Collective Mark.  If anomalies are found in regards to its use, one of the penalties for non-use mentioned in these regulations can be applied.

3. Renovation: Once the term is due, the affiliate who wants to continue using the Collective Mark will have to present and observe the requirements established in these regulations.  For this, it will have to follow the Collective Mark granting procedure established in these regulations.

3. FORM OF USE

The Collective Mark has to be used as it is registered.  Variations in its size and colors will have to be authorized in advance and in writing by the Board of Directors as long as its distinctive capability is not altered or impaired, or it doesn’t breach the legal guidelines established in the Law of Brands and Distinctive Symbols.  It can be adhered, printed, engraved, stamped, inserted, or in any way used in packing, bottling, boxes, receptacles, stationery, magnetic media, electronic media, and/or over any surface, murals, posters, or any other known or to be known media.  It can be used indistinctly in the affiliates’ grounds or, in the case of third parties authorized to use the Collective Mark, these can only use it for the services provided by them.  It can be used separately or in conjunction with another brand or distinctive symbol that is property of the authorized industrial or marketer.  It will be used only to protect the services comprised by the Collective Mark.

4. USE OF THE COLLECTIVE MARK IN ADVERTISING

The users of the Collective Mark can use it in any media and advertising, following the standards contained in these Regulations.

5. SURVEILLANCE OF THE USE OF THE COLLECTIVE MARK

The Regulation and Evaluation Committee, created for such purposes, will do the surveillance in conformity with the Association’s bylaws.  It will be responsible for ensuring the faithful compliance with the conditions necessary to enjoy and use the collective mark in agreement with the established terms.  For the effective control and surveillance, the Regulation and Evaluation Committee can carry out, if considered necessary, inspections to authorized affiliates, with the intention of ensuring compliance with these Regulations and the good use of the Collective Mark, in agreement with the established parameters.  The Regulation and Evaluation Committee shall perform all necessary actions to avoid or prevent the misuse of the Collective Mark.

8. IMPROPER USE OF THE COLLECTIVE MARK

Not withstanding any provision in the Law of Brands and Other Distinctive Symbols, its regulation and other related legislation, improper use means any of the following acts:

1. To use the Collective Mark without having the approval of the Board’s Board of Directors.

2. To use the Collective Mark on services that do not comply with the characteristics established in these Regulations.

3. When any of the affiliates grants license or permit to a third party for using the Collective Mark.

4. When any of the affiliates transfers its right of use without previous written authorization from the Board of Directors.

5. To use the Collective Mark while altering or impairing its distinctive capacity; this will be determined by the Association.

6. Any act that may impact the rights or interests of the Board over the Collective Mark.

7. To use the Collective Mark after the granting term is due.

9. PENALTIES FOR THE IMPROPER USE OF THE COLLECTIVE MARK

The Board of Directors will punish the individual or legal entity that is authorized to use the Collective Mark and that in any way uses it improperly, in accordance to the seriousness, importance, relapse, and circumstance of each case.

The Board of Directors can impose the following punishments:

1. TEMPORARY SUSPENSION: It will be a temporary suspension of one year of the use of the Collective Mark.  The Board of Directors will determine the term of the suspension in accordance with the seriousness of the improper use.

2. PERMANENT BAN OF USE OF THE COLLECTIVE MARK: The Board of Directors can make this punishment effective when the user backslides.

3. AUTOMATIC AND PERMANENT BAN OF USE OF THE COLLECTIVE MARK: Any affiliate who has been punished with a temporary suspension of the use of the Collective Mark and who doesn’t comply with this punishment, will immediately and permanently lose the right to use it.

4. WITHDRAWAL OF THE COLLECTIVE MARK: The Association’s Board of Directors can withdraw the user’s right to use the Collective Mark if they receive complaints by third parties or by members of the association in regards to the bad service, quality or safety of the services provided by the user..

10. REFORMS, EXTENSIONS AND ALTERATIONS TO THE REGULATIONS

Any reform, extension, and/or alteration to these Regulations will have to be agreed by the Board’s Board of Directors, be it during a regular or special meeting.  The Board of Directors will have to notify the Intellectual Property Registry of Costa Rica, in writing, about the changes or alterations in the Regulations.

11. DISCLAIMER

The decisions made by the Board of Directors in regards to the Collective Mark through the application of these regulations are objective decisions based on the faithful compliance of the established requirements, requisites that will have to be observed by the users or applicants for the use of the Collective Mark.

The Collective Mark object of these regulations guarantees that the users who hold it comply with high quality service and safety standards for the patient; however, the Association and/or Board of Directors are not responsible for the non-compliance with this quality.  In this situation, and in agreement with what is established in these regulations of use of the collective mark PROMED, the Board of Directors can withdraw the use of the Collective Mark from the non-compliant user, and can ban its use during a certain period of time or permanently.