Intelektualno vlasništvo

Pursuant to Article 214 of the Law on Administrative Procedure (“BiH Official Gazette”, no. 29/02) and Articles 12, paragraphs 2 and 3 and Article 156 of the BiH Law on industrial property (“BiH Official Gazette” no. 3/02 and 29/02), Acting Director of the BiH Institute for Standards, Measurement and Intellectual Property passes a

DECISION

ON ESTABLISHING COMPLAINTS COMMISSION OF THE INSTITUTE FOR STANDARDS, MEASUREMENT AND INTELECTUAL PROPERTY OF BOSNIA AND HERZEGOVINA

CHAPTER I – GENRAL PROVISIONS

Article 1

(Scope of implementation)

This Decision regulates establishing, competence, work procedure and financing of the Complaints Commission of the BiH Institute for Standards, Measurement and Intellectual Property (hereinafter the Institute).

CHAPTER II – ESTABLISHING OF THE COMMISSION

Article 2

(Establishing)

(1) The Complaints Commission of the Institute shall be established aiming to ensure implementation of two-stage procedure in solving of administrative disputes in the area of the industrial property the Institute is competent for.

(2) The Headquarters of the Institute Complaints Commission is located in Sarajevo.

Article 3

(Composition of the Institute Complaints Commission)

(1) The Institute Complaints Commission shall be composed of four members, one from the Law Faculty and three others shall be civil servants employed in the Sector for Intellectual property of the Institute.

(2) The Institute Complaints Commission shall pass valid decision when three out of four members are present.

(3) The Secretary of the Institute Complaints Commission performs administrative works for the Commission.

(4) The members and the Secretary of the Institute Complaints Commission shall get compensation for their work. The Director of the Institute shall pass a Decision on nomination of the members and the Secretary of the Commission and amount of compensation for the engagement of the Commission’s members eight days from the day of entry of this Decision into force.

Article 4

(Mandate of the Institute Complaints Commission)

The Complaints Commission of the Institute shall be established as the permanent body of the Institute.

Article 5

(Suspension of the work of the Institute Complaints Commission)

(1) The engagement of the members of the Institute Complaints Commission shall be suspended in the following cases:

a) by written notification of the Commission member on withdrawal from the Commission

b) termination of the employment contract with the Institute

(2) The Director of the Institute shall pass a Decision on suspension of the engagement in the Institute Complaints Commission.

Article 6

(Usage of the language and alphabet)

(1) In the procedure before the Institute Complaints Commission and in communication with Commission all official languages of Bosnia and Herzegovina can be used: Bosnian, Croatian, and Serbian and both alphabets: Latin and Cyrillic.

(2) Those involved in the procedure before the Institute Complaints Commission have right to use any of official languages and alphabets in all procedural actions.

Article 7

(The regulations being implemented in the procedure before the Institute Complaints Commission)

The Law on industrial property and the Law on administrative procedure shall be applied for the disputable issues that are not regulated by this Decision.

CHAPTER III – COMPETENCE

Article 8

(Competence of the Institute Complaints Commission)

(1) The Institute Complaints Commission is competent to make decisions on the following:

a) complaints against decisions and conclusions of the Institute in the procedure of acquisition, maintenance, circulation and cancellation of the industrial property right;

b) complaints against decisions and conclusions of the Institute in the procedure of announcing null and void the decision on granting industrial property right;

c) complaints against decisions and conclusions of the Institute in the procedure of cancellation of the right to trademark due to failure to use;

d) complaints against decisions of the Institute in the cases of entry into the Register of the representative of the holder for the protection of the industrial property;

CHAPTER IV – ORGANIZATION OF THE WORK OF THE INSITUTE COMMISSION FOR COM PLAINTS

Article 9

(Organization of the Institute Complaints Commission)

(1) The President of the Commission chaired the Institute Complaints Commission. The President of the Commission decides on composition of the Institute Complaints Commission for each single case what shall be recorded by the minutes.

(2) The nominated member of the Commission who participated in decision making i.e. conclusion at the first instance shall participate in the work of the Institute Complaints Commission reporter only in subject case without right to make a decision.

(3) The President of the Commission shall sign a decision passed by the Institute Complaints Commission.

Article 10

(The meetings of the Institute Complaints Commission)

(1) All members of the Institute Complaints Commission shall participate at the meetings of the Commission.

(2) The Institute Complaints Commission shall decide on the necessity for calling oral hearing at the preparatory appearance.

(3) The Institute Complaints Commission shall pass decisions by majority of votes.

Article 11

(Decisions)

(1) The Institute Complaints Commission may pass one the following decisions:

a) ignore a complaint if the complaint is inadmissible, untimely or pronounced by unauthorized person and the body at the first instance failed to reject complaint;

b) fully or partially accept the complaint i.e. cancel the decision fully or partially or change the decision;

c) reject the complain

(2) In the case of acceptance of the complaint the Commission shall cancel disputable decision or conclusion.

(3) If the complaint is not rejected the Institute Complaints Commission shall take a complaint into consideration.

(4) The Decisions of the Institute Complaints Commission are final.

Article 12

(Legal actions and publishing of decisions)

(1) A Decision on reject of the complaint has legal effect on the parties in the procedure only.

(2) A Decision on acceptance of the complaint shall be applied to all persons affected by a decision or disputable conclusion. Statement on a decision shall be published in the “Official Gazette” of the Institute.

(3) A Decision shall be delivered to the parties in the procedure in written form.

Article 13

(Decision on complaint)

The Institute Complaints Commission shall decide on complaint within the 30 days from the date of the complaint receipt.

CHAPTER V – FINANCING OF THE INSTITUTE COMPLAINTS COMMISSION

Article 14

(Financing of the Institute Complaints Commission)

The Institute Complaints Commission shall be financed from the budget sources allocated to the BiH Institute for the Intellectual Property

CHAPTER VI – TRANSITION AND CONCLUDING PROVISIONS

Article 15

(Complaints submitted to the Institute prior entry into force of this Decision)

Decisions on complaints submitted to the Institute Complaints Commission prior the entry into force of this decision shall be passed within the period of six months.

Article 16

(Entry into force)

This Decision shall entry into force the eight day from its publishing in “BiH Official Gazette”. A Decision shall be published in official gazettes of the entities and Brcko District Official Gazette.

No. IP-1955/05-01TE 18 April 2005 in Sarajevo

Acting Director of the Institute Esad Tuzović, s. r.



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Pursuant to Article 214 of the Law on Administrative Procedure (“BiH Official Gazette”, no. 29/02) and Articles 12, paragraphs 2 and 3 and Article 156 of the BiH Law on industrial property (“BiH Official Gazette” no. 3/02 and 29/02), Acting Director of the BiH Institute for Standards, Measurement and Intellectual Property passes a DECISION ON ESTABLISHING COMPLAINTS COMMISSION OF THE INSTITUTE FOR STANDARDS, MEASUREMENT AND INTELECTUAL PROPERTY OF BOSNIA AND HERZEGOVINA CHAPTER I – GENRAL PROVISIONS Article 1 (Scope of implementation) This Decision regulates establishing, competence, work procedure and financing of the Complaints Commission of the BiH Institute for Standards, Measurement and Intellectual Property (hereinafter the Institute). CHAPTER II – ESTABLISHING OF THE COMMISSION Article 2 (Establishing) (1) The Complaints Commission of the Institute shall be established aiming to ensure implementation of two-stage procedure in solving of administrative disputes in the area of the industrial property the Institute is competent for. (2) The Headquarters of the Institute Complaints Commission is located in Sarajevo. Article 3 (Composition of the Institute Complaints Commission) (1) The Institute Complaints Commission shall be composed of four members, one from the Law Faculty and three others shall be civil servants employed in the Sector for Intellectual property of the Institute. (2) The Institute Complaints Commission shall pass valid decision when three out of four members are present. (3) The Secretary of the Institute Complaints Commission performs administrative works for the Commission. (4) The members and the Secretary of the Institute Complaints Commission shall get compensation for their work. The Director of the Institute shall pass a Decision on nomination of the members and the Secretary of the Commission and amount of compensation for the engagement of the Commission’s members eight days from the day of entry of this Decision into force. Article 4 (Mandate of the Institute Complaints Commission) The Complaints Commission of the Institute shall be established as the permanent body of the Institute. Article 5 (Suspension of the work of the Institute Complaints Commission) (1) The engagement of the members of the Institute Complaints Commission shall be suspended in the following cases: a) by written notification of the Commission member on withdrawal from the Commission b) termination of the employment contract with the Institute (2) The Director of the Institute shall pass a Decision on suspension of the engagement in the Institute Complaints Commission. Article 6 (Usage of the language and alphabet) (1) In the procedure before the Institute Complaints Commission and in communication with Commission all official languages of Bosnia and Herzegovina can be used: Bosnian, Croatian, and Serbian and both alphabets: Latin and Cyrillic. (2) Those involved in the procedure before the Institute Complaints Commission have right to use any of official languages and alphabets in all procedural actions. Article 7 (The regulations being implemented in the procedure before the Institute Complaints Commission) The Law on industrial property and the Law on administrative procedure shall be applied for the disputable issues that are not regulated by this Decision. CHAPTER III – COMPETENCE Article 8 (Competence of the Institute Complaints Commission) (1) The Institute Complaints Commission is competent to make decisions on the following: a) complaints against decisions and conclusions of the Institute in the procedure of acquisition, maintenance, circulation and cancellation of the industrial property right; b) complaints against decisions and conclusions of the Institute in the procedure of announcing null and void the decision on granting industrial property right; c) complaints against decisions and conclusions of the Institute in the procedure of cancellation of the right to trademark due to failure to use; d) complaints against decisions of the Institute in the cases of entry into the Register of the representative of the holder for the protection of the industrial property; CHAPTER IV – ORGANIZATION OF THE WORK OF THE INSITUTE COMMISSION FOR COM PLAINTS Article 9 (Organization of the Institute Complaints Commission) (1) The President of the Commission chaired the Institute Complaints Commission. The President of the Commission decides on composition of the Institute Complaints Commission for each single case what shall be recorded by the minutes. (2) The nominated member of the Commission who participated in decision making i.e. conclusion at the first instance shall participate in the work of the Institute Complaints Commission reporter only in subject case without right to make a decision. (3) The President of the Commission shall sign a decision passed by the Institute Complaints Commission. Article 10 (The meetings of the Institute Complaints Commission) (1) All members of the Institute Complaints Commission shall participate at the meetings of the Commission. (2) The Institute Complaints Commission shall decide on the necessity for calling oral hearing at the preparatory appearance. (3) The Institute Complaints Commission shall pass decisions by majority of votes. Article 11 (Decisions) (1) The Institute Complaints Commission may pass one the following decisions: a) ignore a complaint if the complaint is inadmissible, untimely or pronounced by unauthorized person and the body at the first instance failed to reject complaint; b) fully or partially accept the complaint i.e. cancel the decision fully or partially or change the decision; c) reject the complain (2) In the case of acceptance of the complaint the Commission shall cancel disputable decision or conclusion. (3) If the complaint is not rejected the Institute Complaints Commission shall take a complaint into consideration. (4) The Decisions of the Institute Complaints Commission are final. Article 12 (Legal actions and publishing of decisions) (1) A Decision on reject of the complaint has legal effect on the parties in the procedure only. (2) A Decision on acceptance of the complaint shall be applied to all persons affected by a decision or disputable conclusion. Statement on a decision shall be published in the “Official Gazette” of the Institute. (3) A Decision shall be delivered to the parties in the procedure in written form. Article 13 (Decision on complaint) The Institute Complaints Commission shall decide on complaint within the 30 days from the date of the complaint receipt. CHAPTER V – FINANCING OF THE INSTITUTE COMPLAINTS COMMISSION Article 14 (Financing of the Institute Complaints Commission) The Institute Complaints Commission shall be financed from the budget sources allocated to the BiH Institute for the Intellectual Property CHAPTER VI – TRANSITION AND CONCLUDING PROVISIONS Article 15 (Complaints submitted to the Institute prior entry into force of this Decision) Decisions on complaints submitted to the Institute Complaints Commission prior the entry into force of this decision shall be passed within the period of six months. Article 16 (Entry into force) This Decision shall entry into force the eight day from its publishing in “BiH Official Gazette”. A Decision shall be published in official gazettes of the entities and Brcko District Official Gazette. No. IP-1955/05-01TE 18 April 2005 in Sarajevo Acting Director of the Institute Esad Tuzović, s. r.