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.