Bosnia & Herzegovina News Archives

June 23, 2010

Bosnian Parliament Adopts Five Draft IP Laws

On May 28, 2010, the Parliamentary Assembly of Bosnia and Herzegovina adopted five draft laws in the field of intellectual property. The laws are now being revised by a lexical commission and are expected to enter into force by the end of the year.

The following draft laws were adopted:

The Draft Law on Patents
The Draft Law on Trademarks
The Draft Law on Industrial Design
The Draft Law on the Protection of Geographical Indications and Designations of Origin
The Draft Law on the Protection of Integrated Circuit Topographies

Bosnia currently has only one law on IP rights, the Law on Industrial Property, which entered into force on August 27, 2002 covering patents, trademarks, designs and geographical indications and designations of origin. The objective is to make separate laws for each IP area, as part of Bosnia’s accession into the European Union and the harmonization of its legislation with the European Union.

The Draft Law on Patents introduces the category of non-examined patents and clearly regulates additional protection certificates for patents. It also shortens the deadline for entering into the national phase of patent applications under the Patent Cooperation Treaty (PCT) from 34 to 31 months, from the international filing date.

Non-examined patents, which were previously called short-term patents, do not require substantive examination and are valid for ten years. As for additional protection certificates, they can be issued if products need to be certified by various government agencies.

The Draft Law on Trademarks abolishes the previous practice of substantive examination and introduces opposition procedures. It also allows third parties to submit informal, non-binding opinions concerning pending trademark applications.

Further changes include well-defined procedures on customs measures and administrative measures regarding the trademark enforcement, as well as introduction of certification marks, generic term disclaimers and special provisions concerning the protection of marks for wine and strong alcoholic drinks.

The Draft Law on the Protection of Geographical Indications and Designations of Origin aims to increase the protection from unfair competition. The inspection control is introduced in accordance with the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS).

The Draft Law on Industrial Designs regulates the conditions for protection of industrial design, defines the right to industrial design and regulates the procedure for international registration of industrial design.

According to the new Draft Law on the Protection of Integrated Circuit Topographies, the protection of integrated circuit topographies can be requested within two years from the day of the first commercial exploitation anywhere in the world. This area of IP has not been regulated in Bosnia by law so far.

For more information, please contact Alma Vilic at our Bosnia and Herzegovina office.

Source: PETOSEVIC

May 24, 2010

Bosnia Working on New Customs Regulations for Protection of IPR

The Draft Law on Customs Measures for Protection of Intellectual Property Rights recently prepared by the customs authorities of Bosnia and Herzegovina, aims to ease the burdens falling on the customs, such as the costs for storing and monitoring seized good, which are now solely covered by the customs authorities. It also establishes legal framework for certain customs procedures currently not formally regulated by law.

The Customs Sector of the Indirect Taxation Authority of Bosnia and Herzegovina has prepared new monitoring request forms and changed the monitoring requirements. Namely, after the law is adopted, there will be a two-year time limit for the monitoring of seized goods, whereas previously it was indefinite. After the two years pass, the new request is to be submitted.

Under the new law, the IP rights holders and their legal representatives will be required to supply statements that they will cover all expenses in case the seized goods prove to be genuine or in case the IP rights holders or their legal representatives cancel the customs procedure.

PETOSEVIC office in Bosnia will be actively involved in all activities regarding the law adoption procedure. The Draft is currently undergoing revision and is expected to be submitted to the Parliamentary Assembly of Bosnia and Herzegovina for further legislative procedure soon.

For more information, please contact Alma Vilic at our Bosnia and Herzegovina office.

Source: PETOSEVIC; The Indirect Taxation Authority of Bosnia and Herzegovina

April 26, 2010

Consultations on Pre-draft of Law on Customs Measures in Bosnia

On March 30, 2010, the Indirect Taxation Authority of Bosnia and Herzegovina announced the opening of the consultation process on the Pre-draft of the Law on Customs Measures for the Protection of the Intellectual Property Rights.

All interested parties are invited to send written comments on the Pre-draft by April 30, 2010 to the following email info@uino.gov.ba or address: Uprava za indirektno oporezivanje (Indirect Taxation Authority), Sektor za carine, Bana Lazarevića bb, 78 000 Banja Luka.

The law aims to harmonize Bosnian laws with the corresponding EU legislation, thus guaranteeing a higher level of intellectual property protection.

For more information, please contact Alma Vilic at our Bosnia and Herzegovina office.

Source: The Indirect Taxation Authority of Bosnia and Herzegovina

March 30, 2010

New Bosnian Draft Laws up for Public Discussion

A public discussion on the Draft Law on Copyrights and Related Rights and the Draft Law on the Collective Management of Copyrights and Related Rights was held in the national assembly in Sarajevo, Bosnia on March 3, 2010.

The event gathered intellectual property attorneys, legal experts, government officials, associations and agencies for protection of copyright and other interested parties.

The current law on copyrights and related rights, which entered into force in April 2002, is not harmonized with the relevant EU legislation and is only partly harmonized with the TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights). The two new laws will be harmonized with the EU regulations and international convention and treaties.

The experts agreed that the collective management of copyrights and related rights is not sufficiently regulated under the current law and that it would be better regulated by a separate law.

For more information, please contact Alma Vilic in our Bosnia and Herzegovina office.

Source: Sarajevo-x.com

January 20, 2010

Bosnian Council of Ministers Adopts Seven IP Draft Laws

On December 31, 2009, the Council of Ministers of Bosnia and Herzegovina adopted seven draft laws in the field of intellectual property, proposed by the Institute for Intellectual Property of Bosnia and Herzegovina.

The following draft laws were adopted:

The Draft Law on Copyrights and Related Rights
The Draft Law on the Collective Management of Copyrights and Related Rights
The Draft Law on Industrial Property
The Draft Law on Patents
The Draft Law on Trademarks
The Draft Law on the Protection of Geographical Indications and Designations of Origin
The Draft Law on the Protection of Integrated Circuit Topographies

Bosnia currently has only one law on IP rights, the Law on Industrial Property, which entered into force on August 27, 2002 covering patents, trademarks, designs and geographical indications and designations of origin. The new proposal aims to make separate laws for each IP area, as part of Bosnia’s accession into the European Union and the harmonization of its legislation with the European Union.

The seven draft laws are expected to be submitted to the Parliamentary Assembly of Bosnia and Herzegovina for further consideration in the near future.

For more information, please contact Alma Vilic in our Bosnia and Herzegovina office.

Source: Institute for Intellectual Property of Bosnia and Herzegovina

Bosnian Courts Convict 195 Pirates in the Last Four Years

From the beginning of 2005 to the end of 2009, 210 charges were pressed against 223 people accused of copyright infringement. As of January 2010, 179 sentences have been passed for 195 individuals, while other cases are still undergoing court proceedings.

“On several occasions police found individuals possessing entire plants for the production of illegal disks,” said the court spokesman Boris Grubesic. “One police raid resulted in the seizure of over 20,000 illegally produced CDs and DVDs”, Grubesic added.

There are booths selling pirated movies, music, computer software and games on the streets of almost every Bosnian city or town. Bosnia has been actively working to suppress this type of crime, but the problem still persists because of the shortage of police officers controlling the sites where illegal items are distributed.

Charges were recently pressed against Fahrudin Golos and his company Witnet from Tuzla, northeastern Bosnia. Golos gained substantial profits by falsely presenting his company as an authorized Microsoft partner. He signed a contract with Bosnia’s Federal Employment Service to deliver and install the Microsoft Office packet, which turned out to be an illegal copy.

For more information, please contact Alma Vilic in our Bosnia and Herzegovina office.

Source: Sarajevo-x.com

November 24, 2009

Two WIPO Treaties To Enter Into Force With Respect to Bosnia and Herzegovina

The World Intellectual Property Organization’s (WIPO) Copyright Treaty and Performances and Phonograms Treaty will enter into force, with respect to Bosnia and Herzegovina, on November 25, 2009, the Bosnian PTO informed.

This will make Bosnia and Herzegovina the 70th country to join the WIPO Copyright Treaty and the 69th state to join the WIPO Performances and Phonograms Treaty.

The Bosnian Government deposited the instruments of accession to the Copyright Treaty and the Performances and Phonograms Treaty with WIPO on August 25, 2009.

For more information, please contact Alma Vilic at our Bosnia office.

Bosnia Organizes Intellectual Property Awareness Campaign

The American Chamber of Commerce in Bosnia and Herzegovina, in cooperation with the Bosnian Institute for Intellectual Property, conducted an intellectual property awareness campaign.

The campaign’s objective was to raise public awareness for the importance of intellectual property protection. As part of this campaign, a total of 145,000 copies of children’s comic books, explaining different areas of intellectual property in a fun easy way for kids to understand, were distributed to elementary schools throughout the country.

For more information, please contact Alma Vilic at our Bosnia office.

June 25, 2009

Draft of Bosnian Trademark Law Up for Discussion

A public discussion on the draft of Bosnia’s Trademark Law was held in Sarajevo, Bosnia on May 15, 2009.

The discussion was hosted by French consulting firm Sofreco and officials of the EU CARDS project entitled “Capacity Building for the Protection of Intellectual Property Rights in Bosnia and Herzegovina” (EUIPR).

The event gathered trademark attorneys, legal experts, government officials, business people, and other interested parties.

The draft law abolishes the previous practice of substantive examination and introduces opposition procedures.

The draft law also allows third parties to submit informal, non-binding opinions concerning the applications of others.

Further changes include well-defined procedures on customs measures and administrative measures in trademark enforcement, as well as introduction of certification marks, generic term disclaimers and special provisions concerning the protection of marks for wine and strong alcoholic drinks.

The draft Trademark Law aims to incorporate the provisions of the TRIPS Agreement and relevant legislation of the European Union. It was prepared as part of the EUIPR project through joint cooperation of Bosnian and Serbian experts.

Bosnia currently has only one law on IP rights, the Law on Industrial Property, which entered into force on August 27, 2002.

In addition to the draft Patent Law and Trademark Law, EUIPR will also prepare laws on industrial designs, geographical indications, copyright law, topography of integrated circuits, and plant varieties. These will enter into parliamentary procedure only after all of them have been prepared.

For more information, please contact Tarik Prolaz in our Bosnia Office.

May 12, 2009

EU Extends Customs and Tax Assistance Project in Western Balkans

European Union’s project called Technical Assistance to Customs and Tax Administrations (TACTA) for the West Balkan countries has recently been extended until the end of August 2009.

The project, which officially started on April 4, 2008, is led by the Italian Customs and is funded by the European Commission.

As explained by TACTA Project Director Natalina Cea, the general objectives of the project are: to harmonize the customs and tax legislation and procedures with those in the EU; to establish well functioning and accountable customs and tax administrations, and to strengthen and modernize the national enforcement of customs legislation and procedures; to support legal trade; to enhance institutional capacity of beneficiary countries; and to promote regional cooperation.

TACTA teams and work plans were set up for each beneficiary country. The team leaders and staff implementing this project comprise customs and tax experts, who closely cooperate with national customs and tax administrations, and provide them with the necessary IT and expert support, such as study visits, training, workshops and seminars.

For more information, please contact Jovana Miočinović in our Balkan Regional Office.

April 14, 2009

Draft of Bosnian Patent Law Up for Discussion

French consultancy firm Sofreco and officials of the EU CARDS project “Capacity Building in Protection of Intellectual Property Rights in Bosnia and Herzegovina” (EUIPR) hosted a public discussion on the draft of Bosnian Patent Law in Sarajevo on April 9, 2009.

The discussion gathered patent attorneys, legal experts, government officials, business people, and other interested parties.

The draft law introduces the category of non-examined patents, and clearly regulates additional protection certificates for patents. It also shortens the deadline for entering into the national phase of patent applications under the Patent Cooperation Treaty (PCT) from 34 to 31 months, from the international filing date.

The draft Patent Law incorporates all provisions of the TRIPS Agreement and relevant laws of the European Union. It was prepared as part of the EUIPR project through joint cooperation of Bosnian, Croatian and Serbian experts.

Bosnia currently has only one law on IP rights, the Law on Industrial Property, which entered into force on August 27, 2002. In addition to the draft Patent Law, EUIPR will also prepare laws on trademarks, industrial designs and geographical indications. Only after all four laws have been prepared, will they enter into parliamentary procedure.

For more information, please contact Alma Vilic in our Bosnia Office.

Bosnia Hosts WIPO Seminar on Patent Cooperation Treaty

The World Intellectual Property Organization (WIPO) and the Bosnian Patent and Trademark Office (PTO) held a seminar on the Patent Cooperation Treaty (PCT) in Mostar on April 1 and 2, 2009.

The main purpose of the seminar was to explain the procedure for filing patent applications under the PCT. The event gathered Bosnian patent attorneys and employees of the Patent Department of the Bosnian PTO.

The seminar featured speeches by Jean Luc Baron, head of the Offices Services Section of the PCT International Cooperation Division, and Silvija Trpkovska, program activities officer of the Offices Services Section of the PCT International Cooperation Division.

For more information, please contact Alma Vilic in our Bosnia Office.

March 17, 2009

Bosnia Ratifies Phonograms Convention

On February 25, 2009, Bosnia and Herzegovina officially ratified the Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of Their Phonograms.

The Bosnian government deposited the necessary instrument for the ratification of the Convention on February 19, 2009.

The Convention will enter into force in Bosnia and Herzegovina on May 25, 2009.

For more information, please contact Alma Vilic in our Bosnia Office.

Bosnian Authorities Destroy Counterfeit LG Goods

Officials of the Indirect Taxation Authority (ITA) of Bosnia and Herzegovina have destroyed 2,387 counterfeit LG batteries and 300 earphones in Sarajevo.

The counterfeit goods were imported from China by the Sarajevo-based company ANKA d.o.o. They were seized on February 3, 2009. For photos go here.

For more information, please contact Alma Vilic in our Bosnia Office.

December 03, 2008

Bosnia-Herzegovina accedes to three international IP treaties

The country will become a party to the Budapest Treaty on the deposit of microorganisms for patent procedures, the Madrid Protocol concerning the international registration of marks, and the Strasbourg Agreement on international patent classification.

The Budapest Treaty and the Madrid Protocol will take effect in Bosnia-Herzegovina on January 27, 2009. The Strasbourg Agreement enters into force on October 27, 2009.

For more information, contact Judith Goeke in our Balkan Regional Office.

October 27, 2008

Bosnia, Bulgaria and Lithuania ratify Geneva Act of Hague Agreement on Industrial Designs

The three countries formally acceded to the Geneva Act of the Hague Agreement on International Registration of Industrial Designs by depositing their accession documents with WIPO.

This treaty allows users to apply for protection of industrial designs in the EU and other member states by filing one single application for registration. The treaty took effect in Lithuania on September 26, 2008, in Bulgaria on October 7, 2008, and in Bosnia & Herzegovina it will take effect on December 24, 2008.

27 other countries are currently contracting parties to the Geneva Act.

For more information, contact Ms. Judith Goeke in our Balkan Regional Office.

December 01, 2004

Extension of European Patents available in Bosnia & Herzegovina starting December 1, 2004

On December 1, 2004, the Co-operation and Extension Agreement between Bosnia & Herzegovina and the European Patent Office enters into force.

More precisely, under this Agreement, it will be possible to extend the protection conferred by the European patent applications and patents to Bosnia & Herzegovina without any subsequent examination. European patents extended to Bosnia & Herzegovina will have the same effect as national patents granted in the territory of Bosnia & Herzegovina. However, it is important to note that extensions to Bosnia & Herzegovina will be available only for European patent applications and international patent applications (entering European regional phase) filed on or after December 1, 2004 and for which the extension fee has been paid to the European Patent Office.

Regarding the filing procedure, the request for an extension should be filed by the applicant within 3 months from the publication of the mention of the grant of the European patent in the European Patent Bulletin.

For more information on the extension of European patents to Bosnia & Herzegovina, please contact our Bosnia representative.

September 20, 2004

SD PETOSEVIC Opens Bosnia Office

On June 4, 2004, SD PETOSEVIC b.v.b.a. established an office in Sarajevo, Bosnia & Herzegovina.

Mrs. Amra Foco serves as the Legal Representative of the Bosnia office.

Establishment of the Bosnia office represents another milestone in SD PETOSEVIC’s steadily expanding Balkan practice and a significant commitment to its already extensive Eastern European practice, conducted from offices in Brussels and Belgrade.

SD PETOSEVIC’s presence in Bosnia is also invaluable in continuing to meet and exceed clients’ expectations. It comes at a significant moment as extensive privatization and legal reforms are expected in Bosnia. These changes are expected to cause an acceleration of foreign investment as well as to create business opportunities for SD PETOSEVIC clients.

For more information on SD PETOSEVIC Bosnia office, please contact our Bosnia representative.