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