On the basis of Article 13 of the Law on Industrial Property in Bosnia and Herzegovina (“BiH Official Gazette”, no. 3/02) and upon the proposal of the Acting Director of the Institute for Standards, Measurement and Intellectual property of Bosnia and Herzegovina, the Ministry of Foreign Trade and Economic Relationships passes a

DECISION

ON SPECIAL PROCEDURAL CHARGES FOR ACQUSIATION AND MAINTENANCE OF THE INDUSTRIAL PROPERTY RIGHT

Article 1

1. This Decision regulates special procedural charges to be paid for the activities of the procedures of acquisition, maintenance, circulation and lapse of the industrial property right before the Institute for Standards, Measurements and Intellectual Property of Bosnia and Herzegovina (hereinafter: Institute). 

2. Special procedural charges within the meaning of the paragraph 1 of this Article are charges for the other services provided by the Institute in regards to protection of the industrial property right.

3. Special procedural charges shall be paid to the Institute.

Article 2

Documents and actions for which special procedural charges shall be paid and the amount to be paid shall be established by the Tariff for the special procedural charges (hereinafter: Tariff) which is integral part of this Decision.

Article 3

1. Payer of the special procedural charges is the person on whose request the procedure has been initiated or actions undertaken set up by the Tariff.

2. The person acting as an agent in the procedure of protection of the industrial property right must pay special procedural charges for the actions set up by the Tariff as follows: passing of the special professional exam, registration in the Register of representatives and re-registration in the Register of the Institute in accordance with regulations that regulate the subject matter.

Article 4

1. The person that requests providing of the other Institute’s services shall pay procedural charges for such services.

2. Other services, within the meaning of this Decision, include the following: publishing in the Institute Official Gazette, publishing of the expert publications, issuing of the document on the granting right, issuing of the patent list, providing services of data base search, service of professional education, (organizing of professional trainings, seminars, consultations and lecturers, and etc.). Providing service of copying of the documents relating to registered and granted industrial property rights.

Article 5

1. If it is not prescribed otherwise, obligation of payment of special procedural charges arises from the following:

a) for the applications, at the time of the application submission or within deadline prescribed in the invitation delivered by the Institute,

b) for decisions and other documents – at the time of the request submit for their issuing 

c) for legal actions – at the time of submission of the request for performance of such actions.

2. Special procedural charges shall be paid at the time of occurrence of obligations if it is not stipulated otherwise by this Decision.

Article 6

If it is stipulated by Tariff that special procedural charges should be paid in comply with the fixed costs. The base for accounting shall be the value of the services outlined in the document or invoice and increased for 30% for the fixed costs of the Institute.

Article 7

The amount and tariff number must be indicated in a Decision or other document for which special procedural charges had been paid.

Article 8

Exempted from a special procedural charges payment are the following institutions and organizations:

a) Institutions of Bosnia and Herzegovina;

b) Humanitarian and charitable organizations registered in Bosnia and Herzegovina.

Article 9

Exempted from special procedural charges payment are the following documents and actions:

a) procedure for refunding of irregularly collected special procedural charges,

b) procedure for correction of mistakes made in decisions, other documents and official evidences (registers, Institute Official Gazette). 

Article 10

1. Special procedural charges shall be paid in convertible marks.

2. Legal and physical persons shall pay special procedural charges through registered representatives for protection of the industrial property right in accordance with provisions of this decision.

Article 11

1. The person who paid special procedural charges and who was not obliged to pay such special procedural charges has right to be refunded in the amount identical to originally paid special procedural charges.

2. Procedure for refunding of paid special procedural charges shall be initiated upon the request submitted by the person from the paragraph 1 of this Article.

3. Refunding of the special procedural charges shall be executive for the payments from the paragraph 1 of this Article carried out from the date of entry into force of this Decision.

4. The Institute shall pass a Decision on refunding of the special procedural charges.

5. Refunding of the special procedural charges shall be allocated from the BiH budget funds.

Article 12

The right for collection of special procedural charges shall be subject to a period of limitation of 2 years counting from the date the special procedural charges were supposed to be paid. The right for refunding of the special procedural charges shall be subject to a period of limitation of 2 years from the date when a special procedural charges were paid.

Article 13

1. The BiH Ministry of Foreign Affairs and Economic Relations shall supervise implementation of the regulations on a special procedural charges payment.

2. The Institute, within the framework of its activities, shall perform internal control of implementation of the regulations on special procedural charges payment.

Article 14

Entry into force of this Decision shall suspend Decision on special procedural charges for acquisition and maintenance of the rights which protect inventions and distinction indications (“RBiH Official Gazette”, no.11/96).

Article 15

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

No 08-5185/02 19 September 2002, Sarajevo

Minister prof. dr.Azra Hadžiahmetović, s. r.