Parliament adopts five draft IP laws

Bosnia and Herzegovina
On May 28 2010 the Parliamentary Assembly of Bosnia and Herzegovina adopted five draft laws in the field of intellectual property. The laws are currently being revised by a 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 Designs;
  • the Draft Law on the Protection of Geographical Indications and Designations of Origin; and
  • the Draft Law on the Protection of Integrated Circuit Topographies.
Currently, Bosnia and Herzegovina has only one law on IP rights, the Law on Industrial Property, which entered into force on August 27 2002 and covers patents, trademarks, designs and geographical indications and designations of origin. The aim is thus to create separate laws for each area of intellectual property, as part of Bosnia and Herzegovina’s accession to the European Union and the harmonization of its legislation with EU law.

The Draft Law on Trademarks abolishes the practice of substantive examination and introduces an opposition procedure. It also allows third parties to submit informal, non-binding opinions on pending trademark applications. Other changes include:
  • well-defined customs and administrative measures for trademark enforcement;
  • the introduction of certification marks;
  • the possibility to disclaim generic terms; and
  • the introduction of special provisions for the protection of trademarks for wine and strong alcoholic drinks.
The Draft Law on the Protection of Geographical Indications and Designations of Origin aims to increase the protection against unfair competition. In this respect, new measures have been introduced in accordance with the Agreement on Trade-Related Aspects of Intellectual Property Rights.

Finally, the Draft Law on Industrial Designs:
  • sets forth the conditions for the protection of industrial designs;
  • defines the right to industrial design; and
  • regulates the procedure for the international registration of industrial designs.
Alma Vilic, PETOŠEVIC, Sarajevo

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