Pursuant to Article 16, paragraph 2, and Article 156 of the Law on Industrial Property in Bosnia and Herzegovina ("Official Gazette of BiH", number 3/02) the Acting Director of the Institute for Standards, Measurements and Intellectual Property of Bosnia and Herzegovina adopts a

DECISION

ON THE REQUIREMENTS FOR THE ENTRY INTO THE REGISTERS OF AGENTS FOR THE PROTECTION OF INDUSTRIAL PROPERTY KEPT BY THE INSTITUTE FOR STANDARDS, MEASUREMENTS AND INTELLECTUAL PROPERTY OF BOSNIA AND HERZEGOVINA

I – GENERAL PROVISIONS

Article 1

This Decision defines the requirements for the entry of agents into the registers kept by the Institute for Standards, Measurements and Intellectual Property of Bosnia and Herzegovina (hereinafter: Institute) who are granted permission to act as agents in the process of acquiring, maintaining, sale and lapse of an industrial property right (hereinafter: protection of the industrial property right) as prescribed by the Law on Industrial Property of Bosnia and Herzegovina.

II – REPRESENTATION BEFORE THE INSTITUTE

Article 2

1. Legal entities and natural persons acting as agents in the process of protection of the industrial property right before the Institute must be recorded as such in the relevant register kept by the Institute.

2. Foreign legal entities and natural persons shall exercise their rights in the proceedings

before the Institute only through authorised agents.

III – AGENTS FOR THE PROTECTION OF INDUSTRIAL PROPERTY

Article 3

1. In the proceedings before the Institute, legal entities and natural persons (hereinafter: clients) may be represented by agents for patents and agents for industrial design and trademarks.

2. The agent for patents shall represent a client in all proceedings related to the protection of the industrial property right as set forth in the Law on Industrial Property of Bosnia and Herzegovina.

3. The agent for industrial design and trademarks shall represent a client only in the proceedings related to the protection of the right to industrial design, trademarks and geographic indications set forth in the Law on Industrial Property of Bosnia and Herzegovina.

Article 4

A patent agent may be:

1. any person, citizen of Bosnia and Herzegovina with the residence in Bosnia and Herzegovina, with a degree in law, technical or natural sciences obtained from a faculty in Bosnia and Herzegovina or former SFRJ before 22 May 1992 who passed the qualifying exam for patent agents before the Institute. Any person who graduated from the abovementioned faculties abroad shall meet the requirement referred to in this item following the recognition of his/her diploma by the responsible institution;

2. any solicitor or solicitors’ association employing at least one person who meets the requirements referred to in item 1 of this Article or has concluded a contract with such person;

3. any legal entity, registered in Bosnia and Herzegovina, employing at least one person who meets the requirements referred to in item 1 of this Article or has concluded a contract with such person.

Article 5

An agent for industrial design and trademarks may be:

1. any person, citizen of Bosnia and Herzegovina with the residence in Bosnia and Herzegovina, who graduated from a faculty in Bosnia and Herzegovina or former SFRJ before 22 May 1992 and who passed the qualifying exam for agents for industrial design and trademarks before the Institute. Any person who graduated from a faculty abroad shall meet the requirement referred to in this item following the recognition of his/her diploma by the responsible institution;

2. any solicitor or solicitors’ association;

3. any legal entity, registered in Bosnia and Herzegovina, employing at least one person who meets the requirements referred to in item 1 of this Article or has concluded a contract with such person.

Article 6

A person with a degree in law, technical or natural sciences who performed activities pertaining to examination in the proceedings of protection of the industrial property right at the Institute for at least three years may be entered into the register of agents not having to pass the qualifying exam before the Institute. A certificate issued by the Institute shall be submitted as a confirmation that the requirement referred to in this paragraph is met.

Article 7

Any person who have not been sentenced to imprisonment term for committing a criminal act against the state system and security, a criminal act against humanity and international law, against official or any other responsible duty, or for any other criminal act committed for the purpose of gaining personal benefit or an act committed out of any other low motives, with the exception of cases when five years passed since the sentence was served, pardoned or became obsolete. A certificate that a person has not been convicted, issued by the responsible institution, shall be submitted as a confirmation that the requirement referred to in this paragraph is met.

IV – REGISTERS OF THE AGENTS FOR THE PROTECTION OF INDUSTRIAL PROPERTY

Article 8

1. The Institute shall keep a register of patent agents and a register of agents for industrial design and trademarks.

2. In order to get registered in the relevant register of agents, one shall submit an application in writing with an attachment containing all necessary documents on meeting the requirements referred to in Articles 4, 5, 6 and 7 of this Decision.

3. An administrative fee as prescribed, as well as any special procedural expenditures, shall be collected for an entry in the relevant register of agents.

4. The Institute shall issue a decision on the entry in the relevant register of agents or on the rejection of an application for entry in register of agents.

Article 9

1. The following documents shall be submitted along with the application for entry in the register of patent agents:

a) diploma on completed higher education,

b) citizenship certificate,

c) certificate on qualifying exam for patent agents,

d) evidence about entry in the solicitors’ register or entry of the solicitors’ association in an relevant register,

e) contract or any other evidence on meeting the requirements referred to in items 2 and 3, Article 4 of this decision,

f) decision on entry in a court or other relevant register,

g) certificate on not being sentenced,

h) evidence on the payment of administrative fee and special procedural expenditures.

2. The following documents shall be submitted along with the application for entry in the register of agents for industrial design and trademarks:

a) diploma on completed higher education,

b) citizenship certificate,

c) certificate on qualifying exam for agents for industrial design and trademarks,

d) evidence about entry in the solicitors’ register or entry of the solicitors’ association in an relevant register,

e) contract or any other evidence on meeting the requirements referred to in items 3, Article 5 of this decision,

f) decision on entry in a court or other relevant register,

g) certificate on not being sentenced,

h) evidence on the payment of administrative fee and special procedural expenditures.

Article 10

1. Any patent agent may require withdrawal from the register of patent agents and entry in the register of agents for industrial design and trademarks. The agent for industrial design and trademarks may require withdrawal from the register of agents for industrial design and trademarks and entry in the register of patent agents provided that he/she submits the evidences on meeting the requirements referred to in Article 4 of this decision. An evidence on the payment of administrative fee and special procedural expenditures shall be attached to the application.

2. The agent is erased from the register of agents:

a) if he/she submits an application in writing to be erased from the register,

b) if a valid court decision forbids him/her to act as agent,

c) if the agent is registered as natural person, on the day of his/her death,

d) if the agent is registered as legal entity, by erasing that legal entity from the court register or other relevant register,

e) if the agent is registered as legal entity, by termination of the contract on engaging the person who meets the requirements for the entry of legal entity in the relevant register,

f) if the agent is a solicitor, in accordance with the conditions for cancellation of the right to perform solicitors’ work,

g) if the agent is a solicitors’ association, by erasing the given association from the register of solicitors’ associations,

h) if he/she does not submits an application to renew the registration as required.

Article 11

1. The following data are entered in the register of patent agents and the register of agents for industrial design and trademarks:

a) registration number of the agent,

b) information about the agent (name and surname, professional degree, title, address or the name of the company and the main office of the legal entity, telephone and fax),

c) date of the entry in the register of agents,

d) information about the persons who meet the requirements referred to in items 2 and 3 of the Article 4 and item 3 of the Article 5 of this decision, or about the persons who are employed by the agent or have signed a contract with the agent (surname and name, address, professional degree, information about the contract).

2. Any change to the personal information about the agent or any change of his/her name and address, as well as any change to the information about the persons who meet the requirements referred to in items 2 and 3 of Article 4 and item 3 of Article 5 of this decision shall be entered in the register of patent agents and the register of agents for industrial design and trademarks. The information referred to in this paragraph shall be entered in the relevant register upon the request by the agent and the payment of special procedural expenditures. The Institute shall issue a decision on the entry of the change to the information in the register.

Article 12

1. The agent is entered in the relevant register of agents for the period of one year.

2. The entry in the relevant register of agents shall be renewed one year after the day it was entered in the register or one year after its last renewal, with the possibility of unlimited renewal of the entry.

3. The evidences on meeting the requirements referred to in items 2 and 3 of Article 4 and item 3 of Article 5 of this decision shall be attached to the application for renewal of the entry.

Article 13

1. Bibliographic information about the agents shall be published at least once a year in the “Official Gazette of the Institute".

2. Lists of the agents, with bibliographic information, shall be made available to interested persons.

V – QUALIFYING EXAM

Article 14

1. The qualifying exam referred to in Articles 4 and 5 of this decision shall be taken before the Institute, in the manner and in accordance with the provisions of the Rule Book on Taking the Qualifying Exam for Agents.

2. The Institute shall keep a register of persons who passed the qualifying exam for patent agents and agents for industrial design and trademarks.

3. Special procedural expenditures shall be paid in order to take the qualifying exam.

VI – TRANSITIONAL AND CONCLUDING PROVISIONS

Article 15

Agents for the protection of industrial property who were entered in the register of agents at the Institute on the day of entry into force of this decision, shall be entered in the register of patent agents.

Article 16

On the day of entry into force of this decision, the Regulation on the entry in the register of agents kept by the Bureau for Standardisation, Measurements and Patents (Institute for Standards, Measurements and Intellectual Property of Bosnia and Herzegovina) shall cease to be valid. ("Official Gazette of R BiH", number 18/95).

Article 17

This decision shall enter into force on the eight day from its publication in the “Official Gazette of BiH”, and it shall be also published in the official gazettes of the Entities and the District of Brcko of Bosnia and Herzegovina.

Number IP-0237/03-01SŽ 15 January 2003 in Sarajevo

Acting Director Žarko Savić, signed



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Pursuant to Article 16, paragraph 2, and Article 156 of the Law on Industrial Property in Bosnia and Herzegovina ("Official Gazette of BiH", number 3/02) the Acting Director of the Institute for Standards, Measurements and Intellectual Property of Bosnia and Herzegovina adopts a DECISION ON THE REQUIREMENTS FOR THE ENTRY INTO THE REGISTERS OF AGENTS FOR THE PROTECTION OF INDUSTRIAL PROPERTY KEPT BY THE INSTITUTE FOR STANDARDS, MEASUREMENTS AND INTELLECTUAL PROPERTY OF BOSNIA AND HERZEGOVINA I – GENERAL PROVISIONS Article 1 This Decision defines the requirements for the entry of agents into the registers kept by the Institute for Standards, Measurements and Intellectual Property of Bosnia and Herzegovina (hereinafter: Institute) who are granted permission to act as agents in the process of acquiring, maintaining, sale and lapse of an industrial property right (hereinafter: protection of the industrial property right) as prescribed by the Law on Industrial Property of Bosnia and Herzegovina. II – REPRESENTATION BEFORE THE INSTITUTE Article 2 1. Legal entities and natural persons acting as agents in the process of protection of the industrial property right before the Institute must be recorded as such in the relevant register kept by the Institute. 2. Foreign legal entities and natural persons shall exercise their rights in the proceedings before the Institute only through authorised agents. III – AGENTS FOR THE PROTECTION OF INDUSTRIAL PROPERTY Article 3 1. In the proceedings before the Institute, legal entities and natural persons (hereinafter: clients) may be represented by agents for patents and agents for industrial design and trademarks. 2. The agent for patents shall represent a client in all proceedings related to the protection of the industrial property right as set forth in the Law on Industrial Property of Bosnia and Herzegovina. 3. The agent for industrial design and trademarks shall represent a client only in the proceedings related to the protection of the right to industrial design, trademarks and geographic indications set forth in the Law on Industrial Property of Bosnia and Herzegovina. Article 4 A patent agent may be: 1. any person, citizen of Bosnia and Herzegovina with the residence in Bosnia and Herzegovina, with a degree in law, technical or natural sciences obtained from a faculty in Bosnia and Herzegovina or former SFRJ before 22 May 1992 who passed the qualifying exam for patent agents before the Institute. Any person who graduated from the abovementioned faculties abroad shall meet the requirement referred to in this item following the recognition of his/her diploma by the responsible institution; 2. any solicitor or solicitors’ association employing at least one person who meets the requirements referred to in item 1 of this Article or has concluded a contract with such person; 3. any legal entity, registered in Bosnia and Herzegovina, employing at least one person who meets the requirements referred to in item 1 of this Article or has concluded a contract with such person. Article 5 An agent for industrial design and trademarks may be: 1. any person, citizen of Bosnia and Herzegovina with the residence in Bosnia and Herzegovina, who graduated from a faculty in Bosnia and Herzegovina or former SFRJ before 22 May 1992 and who passed the qualifying exam for agents for industrial design and trademarks before the Institute. Any person who graduated from a faculty abroad shall meet the requirement referred to in this item following the recognition of his/her diploma by the responsible institution; 2. any solicitor or solicitors’ association; 3. any legal entity, registered in Bosnia and Herzegovina, employing at least one person who meets the requirements referred to in item 1 of this Article or has concluded a contract with such person. Article 6 A person with a degree in law, technical or natural sciences who performed activities pertaining to examination in the proceedings of protection of the industrial property right at the Institute for at least three years may be entered into the register of agents not having to pass the qualifying exam before the Institute. A certificate issued by the Institute shall be submitted as a confirmation that the requirement referred to in this paragraph is met. Article 7 Any person who have not been sentenced to imprisonment term for committing a criminal act against the state system and security, a criminal act against humanity and international law, against official or any other responsible duty, or for any other criminal act committed for the purpose of gaining personal benefit or an act committed out of any other low motives, with the exception of cases when five years passed since the sentence was served, pardoned or became obsolete. A certificate that a person has not been convicted, issued by the responsible institution, shall be submitted as a confirmation that the requirement referred to in this paragraph is met. IV – REGISTERS OF THE AGENTS FOR THE PROTECTION OF INDUSTRIAL PROPERTY Article 8 1. The Institute shall keep a register of patent agents and a register of agents for industrial design and trademarks. 2. In order to get registered in the relevant register of agents, one shall submit an application in writing with an attachment containing all necessary documents on meeting the requirements referred to in Articles 4, 5, 6 and 7 of this Decision. 3. An administrative fee as prescribed, as well as any special procedural expenditures, shall be collected for an entry in the relevant register of agents. 4. The Institute shall issue a decision on the entry in the relevant register of agents or on the rejection of an application for entry in register of agents. Article 9 1. The following documents shall be submitted along with the application for entry in the register of patent agents: a) diploma on completed higher education, b) citizenship certificate, c) certificate on qualifying exam for patent agents, d) evidence about entry in the solicitors’ register or entry of the solicitors’ association in an relevant register, e) contract or any other evidence on meeting the requirements referred to in items 2 and 3, Article 4 of this decision, f) decision on entry in a court or other relevant register, g) certificate on not being sentenced, h) evidence on the payment of administrative fee and special procedural expenditures. 2. The following documents shall be submitted along with the application for entry in the register of agents for industrial design and trademarks: a) diploma on completed higher education, b) citizenship certificate, c) certificate on qualifying exam for agents for industrial design and trademarks, d) evidence about entry in the solicitors’ register or entry of the solicitors’ association in an relevant register, e) contract or any other evidence on meeting the requirements referred to in items 3, Article 5 of this decision, f) decision on entry in a court or other relevant register, g) certificate on not being sentenced, h) evidence on the payment of administrative fee and special procedural expenditures. Article 10 1. Any patent agent may require withdrawal from the register of patent agents and entry in the register of agents for industrial design and trademarks. The agent for industrial design and trademarks may require withdrawal from the register of agents for industrial design and trademarks and entry in the register of patent agents provided that he/she submits the evidences on meeting the requirements referred to in Article 4 of this decision. An evidence on the payment of administrative fee and special procedural expenditures shall be attached to the application. 2. The agent is erased from the register of agents: a) if he/she submits an application in writing to be erased from the register, b) if a valid court decision forbids him/her to act as agent, c) if the agent is registered as natural person, on the day of his/her death, d) if the agent is registered as legal entity, by erasing that legal entity from the court register or other relevant register, e) if the agent is registered as legal entity, by termination of the contract on engaging the person who meets the requirements for the entry of legal entity in the relevant register, f) if the agent is a solicitor, in accordance with the conditions for cancellation of the right to perform solicitors’ work, g) if the agent is a solicitors’ association, by erasing the given association from the register of solicitors’ associations, h) if he/she does not submits an application to renew the registration as required. Article 11 1. The following data are entered in the register of patent agents and the register of agents for industrial design and trademarks: a) registration number of the agent, b) information about the agent (name and surname, professional degree, title, address or the name of the company and the main office of the legal entity, telephone and fax), c) date of the entry in the register of agents, d) information about the persons who meet the requirements referred to in items 2 and 3 of the Article 4 and item 3 of the Article 5 of this decision, or about the persons who are employed by the agent or have signed a contract with the agent (surname and name, address, professional degree, information about the contract). 2. Any change to the personal information about the agent or any change of his/her name and address, as well as any change to the information about the persons who meet the requirements referred to in items 2 and 3 of Article 4 and item 3 of Article 5 of this decision shall be entered in the register of patent agents and the register of agents for industrial design and trademarks. The information referred to in this paragraph shall be entered in the relevant register upon the request by the agent and the payment of special procedural expenditures. The Institute shall issue a decision on the entry of the change to the information in the register. Article 12 1. The agent is entered in the relevant register of agents for the period of one year. 2. The entry in the relevant register of agents shall be renewed one year after the day it was entered in the register or one year after its last renewal, with the possibility of unlimited renewal of the entry. 3. The evidences on meeting the requirements referred to in items 2 and 3 of Article 4 and item 3 of Article 5 of this decision shall be attached to the application for renewal of the entry. Article 13 1. Bibliographic information about the agents shall be published at least once a year in the “Official Gazette of the Institute". 2. Lists of the agents, with bibliographic information, shall be made available to interested persons. V – QUALIFYING EXAM Article 14 1. The qualifying exam referred to in Articles 4 and 5 of this decision shall be taken before the Institute, in the manner and in accordance with the provisions of the Rule Book on Taking the Qualifying Exam for Agents. 2. The Institute shall keep a register of persons who passed the qualifying exam for patent agents and agents for industrial design and trademarks. 3. Special procedural expenditures shall be paid in order to take the qualifying exam. VI – TRANSITIONAL AND CONCLUDING PROVISIONS Article 15 Agents for the protection of industrial property who were entered in the register of agents at the Institute on the day of entry into force of this decision, shall be entered in the register of patent agents. Article 16 On the day of entry into force of this decision, the Regulation on the entry in the register of agents kept by the Bureau for Standardisation, Measurements and Patents (Institute for Standards, Measurements and Intellectual Property of Bosnia and Herzegovina) shall cease to be valid. ("Official Gazette of R BiH", number 18/95). Article 17 This decision shall enter into force on the eight day from its publication in the “Official Gazette of BiH”, and it shall be also published in the official gazettes of the Entities and the District of Brcko of Bosnia and Herzegovina. Number IP-0237/03-01SŽ 15 January 2003 in Sarajevo Acting Director Žarko Savić, signed