In accordance with Article IV.4 (a) of the Constitution of Bosnia and Herzegovina, the Parliamentary Assembly of Bosnia and Herzegovina on the session of the House of Peoples held on January 17, 2002 and on the session of the House of Representatives held on January 16, 2002, has enacted the

INDUSTRIAL PROPERTY LAW OF BOSNIA AND HERZEGOVINA

I - GENERAL PROVISIONS

Article 1

Content of the Law

This Law regulates the grant, the subject matter and the protection of the following industrial property rights: patents, trademarks and service marks, industrial design and geographical indications.

Article 2

Subject Matter of the Protection

1.                  Inventions shall be protected by patents, i.e. patent with limited duration.

2.                  Sign suitable for distinguish of goods and services shall be protected by trademarks or service marks.

3.                  New shapes of products or parts of products shall be protected by industrial designs.

4.                  Sign that indicates geographical origin shall be protected by geographical indications.

Article 3

Material and Moral Rights

1.                  Rights afforded under this Law shall confer on a rightful claimant both material and moral rights.

2.                  Material rights shall include the exclusive commercial exploitation and disposal of industrial property rights by their holders in accordance with this law.

3.                  It shall be the moral right of the creators of inventions and of new shapes of products, pictures and drawings to be designated as such both in the application and in all documents relating to patents and industrial designs.

4.                  When an invention, a new shape of a product, a picture or a drawing is the product of the creative activity of several persons, all such persons shall be designated as creators in the documents referred to in paragraph (3) of this Article.

Article 4

Equal Status of Foreign Natural and Legal Persons

1.                  Foreign natural and legal persons shall enjoy, in respect of the protection of industrial property rights in Bosnia and Herzegovina, the same rights as domestic legal or natural persons, or other domestic nationals, if this results from international contracts and conventions acceded by Bosnia and Herzegovina (hereinafter: international treaties and conventions) or from the application of the principle of reciprocity.

2.                  The existence of reciprocity shall be assumed until proved otherwise.

Article 5

Request for Acquisition of Industrial Property Rights

1.                  In Bosnia and Herzegovina, the acquisition of individual industrial property rights will be sought by filing an application with the Institute for Standardization, Metrology and Intellectual Property of Bosnia and Herzegovina (hereinafter referred to as "the Institute"), i.e. with the Institute's branch-offices in accordance with this law.

2.                  Applications by which the acquisition of industrial property rights is sought in a foreign country, shall also be accepted by the Institute if so provided for in international contracts or conventions to which Bosnia and Herzegovina has acceded.

3.                  The acquisition of industrial property rights in Bosnia and Herzegovina may also be requested with an application filed abroad, which is not filed with the Institute, if this is in accordance with international treaties and conventions. The legal effect of the rights granted on the basis of the application filed abroad shall be the same as that of the rights granted on the basis of a national application, unless otherwise provided for by the respective international treaty or convention.

4.                  Foreign or international applications filed in accordance with paragraph (2) or paragraph (3) of this Article shall be in accordance with the respective international treaty or convention, which forms the basis for their filing.

5.                  Individual industrial property rights in respect of which an application is filed abroad in accordance with paragraph (3) of this Article shall not be acquired on the strength of the application if a foreign or international application related to the same right has been filed.

6.                  Paragraph (1) and paragraph (2) of this Article shall not apply to confidential inventions.

Article 6

Concept of Priority

As from the date of receipt at the Institute of a correct application for a patent, model right, design right, trademark or service mark, the applicant shall have priority over any other person who subsequently files an application for the same invention, shape, picture, drawing or sign.

Article 7

Exhibition Priority Right

1.                  Anyone who exhibits an invention, shape of product, picture or drawing  or who uses a specific mark for marking goods or services, at an officially recognized exhibition or fair of international nature in Bosnia and Herzegovina or other country member of the International Union for the Protection of Industrial Property (hereinafter referred to as: Paris Union) or the World Trade Organization (hereinafter referred to as: WTO) may, within three months following the closing date of the exhibition or fair, claim in his application the priority right as of the first day of showing of the invention or use of the distinctive sign.

2.                  A written certificate issued by a competent authority of the country member of the Paris Union or WTO shall be submitted with the application referred to in paragraph (1) of this Article attesting to the officially recognized international nature of the exhibition or fair and stating the type of exhibition or fair, the place at which it was held, the opening and closing dates and the first day of exhibition or use.

3.                  Certificates attesting that an exhibition or fair held in Bosnia and Herzegovina is an officially recognized exhibition or fair of an international nature shall be issued by a competent Chamber of Economy.

Article 8

Union Priority Right

1.                  Any national or a country member of the Paris Union or WTO, who has filed a correct first application in any country member of the Paris Union or WTO, shall be afforded a priority right in Bosnia and Herzegovina, which for patents shall be 12 months and, for model rights, design rights or marks six months, following the filing date of the original application.

2.                  Anyone who intends to invoke the right of priority referred to in paragraph (1) of this Article must quote in the application filed with the Institute, within the deadline stated in paragraph (1) of this Article, all data concerning the application referred to (State, date and number of application).

3.                  Upon request by the Institute or a court, n the event of a dispute, the applicant invoking the union priority right shall forward a true copy of the first application certified by the competent authority of the Paris Union or WTO State member.

Article 9

Multiple Priority Claim

1.  The patent applicant may, subject to the requirements referred to in Article 8 of this Law, claim multiple priority right on the basis of several earlier applications filed in one or more of the member States of the Paris Union or WTO.

2.  If multiple priority right is granted, the time limits which, under this Law, run from the date of granted priority, shall be computed as from the earliest date of the multiple priority right.

Article 10

Computation of Time Limits in the Case of Granting Multiple Priority Right

1.                  The recognition of a priority right under Article 7 of this Law shall not extend the time limits laid down in Articles 8 and 9 of this Law.

2.                  The grant of priority under Article 31 of this Law shall have the effect that the filing date of the priority application shall count as the filing date of the Yugoslav application in which the priority is claimed, particularly for the purposes of Articles 6 and 30 of this Law.

3.                  The Institute shall not grant a priority right under Articles 7, 8, and 9, if the applicant does not submit an appropriate document within deadlines determined by implementing provisions.

Article 11

Provision applied in patent granting procedure

1.                  The Director of the Institute shall issue provisions for implementing this Law (hereinafter referred to as: implementing provisions), regulating in greater detail issues related to patent granting procedures.

2.                  Provisions of the Law on Administrative Procedure shall regulate individual issues that are not regulated by this Law and implementing provisions.

Article 12

Competences of the Institute

1.  Administrative proceedings and other administrative acts relating to the acquisition and protection of rights in inventions and distinctive signs shall be carried out by the Institute.

2.  Administrative decisions made by the Institute in the first instance shall be subject to appeal before the Appellate Commission of the Institute provided that the action is brought within 15 days as from the day of making the decision. The implementing provisions shall regulate in greater detail the setting up, competence, and procedure of the Appellate Commission.

3.  There shall be no appeal against a decision made by the Institute in the second instance; however, an administrative litigation proceeding shall be possible through filing an action before the Court of Bosnia and Herzegovina. The suit shall be submitted directly to the Institute.

Article 13

Fees and Procedural Charges for the Acquisition and Maintenance of Industrial Property Rights

1.                  The grant, maintenance and cancellation of industrial property rights under this Law shall be subject to the payment of fees and the cost of publication and other services shall also be paid, in accordance with the valid provisions regulating the administrative fees (hereinafter referred to as: fees) and the special procedural charges (hereinafter referred to as: procedural charges). The Ministry of Foreign Trade and Economic Relations shall lay down special regulations setting the amount of the fees and procedural charges, upon the proposal by the Director of the Institute.

2.                  The Ministry of Foreign Trade and Economic Relations of Bosnia and Herzegovina shall be competent for concluding international treaties and egreements in the field of industrial property.

Article 14

Registers

1.  The Institute shall, for every individual industrial property right, maintain the following registers:

a)  register of applications for grants of industrial property rights;

b)  register of granted industrial property rights; and

c)  register of agents for protection of industrial property.

2.  All the registers referred to in paragraph (1) of this Article shall be open to the public.

3.  All persons interested in seeing records of granted rights shall be able to do so at their oral request and in the presence of an official of the Institute.

4.  The content of the registers referred to in paragraph (1) of this Article shall be regulated by the implementing provisions.

5.  The registers referred to in paragraph (1) of this Article shall be kept in electronic format, networked in the unified information system of industrial property of Bosnia and Herzegovina.

Article 15

The Official Gazette of the Institute

The data concerning rights afforded under this Law, which are entered into the registers, shall be published in the Official Gazette published by the Institute (hereinafter referred to as: the Official Gazette).

Article 16

Representation

1.  Natural and legal persons acting as agents in the procedure for protecting industrial property rights before the Institute shall be entered into the register of agents kept by the Institute.

2.                  Natural and legal persons meeting the conditions laid down by the implementing provisions shall be entered into the register of patents referred to in paragraph (1) of this Article.

3.                  In proceeding before the Institute, foreign natural or legal persons shall assert their rights under this Law only through their authorized agent.

Article 17

Access to information

1.                  The Institute shall afford all interested legal and natural persons access to its documentation on the industrial property rights, with the exception of documentation in the pre-publication procedure that is considered the official secret.

2.                  Subject to payment of the corresponding costs, the Institute shall provide information on the state of the art written in the patent documents and shall also perform services of searching the records of applied and granted industrial property rights and other services relating to the field of information and documentation.

3.                  The services of searching the records referred to in paragraph (2) of this Article for foreign persons shall be done through authorized agents.

4.                  Education of users shall be completed in the branch-offices of the Institute.

Article 18

Order of Examination of Applications

1.  Applications shall be examined pursuant to the sequence established by the filing dates.

2.  Exception to the provision in paragraph (1) shall be made and an application shall be examined using emergency procedure when:

a)  there is a litigation procedure being taken, with the onus of filing the request for use of the emergency procedure and presenting evidence about the litigation;

b)  there is a request being filed for the international registration of a trademark;

c)  it is indispensable, pursuant to other regulations, to use the emergency procedure for registration, within the determined deadline;

d)  there is a special request filed by the applicant.

II - TITLES OF PROTECTION

1. PATENTS

Article 19

Patentable Inventions

1.                  A patent shall be granted for an invention which is new, which involves an inventive step and which is susceptible of industrial application.

2.                  The following in particular shall not be considered to be the inventions within the meaning of paragraph (2) of this Article:

a)  discoveries, scientific theories and mathematical methods,

b)  aesthetic creations,

c)  rules, instructions or methods for performing mental activity, playing games or doing business,

d)  computer programs

e)  presentations of information, defined by the content itself of such information.

3.                  The provisions referred to in paragraph (2) of this Article shall apply only to the extent to which the subject matter of a patent application is the indicated element or the activity as such.

Article 20

Exceptions to Patentability

1.                  The following may not be protected by a patent:

a)  inventions, the publication or use of which would be contrary to law or morality;

b)  inventions of surgical or diagnostic methods or methods of treatment practiced on the human or animal body, with the exception of inventions relating to substances for use in any of these methods.

Article 21

Novelty of an Invention

1.                  An invention is new when it is not anticipated by prior art.

2.                  Prior art consists of everything that has been made accessible to the public by written or oral description, use or any other means prior to the filing date of the patent application.

3.                  The prior art shall also include the content of all patent applications as filed with the Institute, the filing dates of which are earlier than the date of application referred to in paragraph (2) of this Article, and which were made available to the public only on, or after the date of filing the patent application, and specifically:

a)  national patent applications;

b)  applications for a European patent, if they require protection in Bosnia and Herzegovina;

c)  applications filed pursuant to the Patent Cooperation Treaty (PCT), if they require protection in Bosnia and Herzegovina.

4.                  An invention shall be considered to form part of the prior art if it was made available to the public by publication, exhibition, demonstration or use in such a way as to enable persons skilled in the art to apply it.

Article 22

Disclosures not Affecting Novelty

1.                  When applying the provisions from Article 20, an invention shall also be considered to be new if not more than six months prior to the filing date of the patent application it has formed part of the state of the art due to:

a.                                          an evident abuse in relation to the patent applicant or his legal predecessor, or

b.                                           the display at an official or officially recognized international exhibition in compliance with the Convention on International Exhibitions, provided that the applicant indicates in the patent application, at the time of its filing, that the invention has been so displayed, and within the deadline and under conditions determined by this Law, submits a corresponding certificate to that effect.

Article 23

Inventive Step

1.                  An invention shall be regarded as involving an inventive step if, having regard to the prior art, it is not obvious to a person skilled in the art.

2.                  In deciding whether an invention involves an inventive step, the content of the applications referred to in Article 21, paragraph (3) of this Law shall not be taken into consideration.

Article 24

Industrial Applicability

1.                  An invention shall be considered industrially applicable if it is technically feasible and can be manufactured or applied in industry or any other activity.

Article 25

Patents of Addition

Supplements or improvements of an invention shall be protected by a patent of addition.

Article 26

Short-term patents

1.                  With the exception of processes, animal and plant varieties, the following inventions can be protected by a short-term patent:

a)  inventions which are patentable according to this Law;

b)  inventions which are new, susceptible of industrial application and involve an inventive step.

2.                  The provisions of this Law pertaining to patents shall also apply to the procedure for the grant of short-term patents, unless otherwise provided for by provisions of this Law pertaining to such patents.

1. Right to the acquisition of a patent

Article 27

Inventor and Inventor's Right

1.                  The right to a patent shall belong to the inventor. In the patent granting procedure, the person who filed the patent application shall be considered the inventor, unless the application clearly states otherwise or unless a competent court rules that another person is to be considered to be the inventor.

2.                  If the invention has been created jointly by several inventors, the right to a joint patent shall belong to the inventors.

3.                  An inventor shall be the person who has created an invention in the course of his creative work.

4.                  A legal or natural person who is not an inventor shall be entitled to the protection of an invention by virtue of the law, legal business or inheritance.

2. Patent Granting Procedure

Article 28

Institution of the Patent Granting Procedure

1.                  The patent granting procedure shall be instituted by filing a submission containing a request for the grant of a patent (hereinafter: a patent application), in accordance with this Law and implementing provisions.

2.                  Each invention shall be filed as a separate patent application.

3.                  By one patent application the patent grant for several inventions may be applied for, only if such inventions are so linked as to form a single inventive concept (unity of the invention).

4.                  A short-term patent can be requested when filing the application or within a period of 12 months after the filing date, at the latest. When this term has expired, the request shall be irrevocable.

Article 29

Content of a Patent Application

1.                  A patent application shall contain:

a)  a request for the grant of a patent,

b)  a description of the invention,

c)  one or more claims for the protection of the invention,

d)  any drawings referred to in the description or the claims,

e)  an abstract of an invention.

2.                  An application shall be deemed correct if it meets the conditions stated in paragraph (1) of this Article.

3.                  All other drawings and attachments shall be filed in the manner and in the number of copies as defined by the implementing provision.

Article 30

Request for the Grant of a Patent

1.                  A request for the grant of a patent shall contain:

a)  the name or the title and the address of the applicant,

b)  the name and the address of the inventor, or the indication that the inventor does not want to be mentioned in the application,

c)  the title of the invention expressing the essence of the invention.

2.                  When the inventor does not want to be mentioned in the application or other documents prescribed by this Law, the applicant shall file a written declaration of the inventor to this effect to the Institute not later than within 90 days as from the filing date of the application.

3.                  The inventor may, in the course of the procedure as from the receipt of the patent application up to the publication thereof, withdraw his declaration stating that he does not want to be mentioned in the application and other documents prescribed by this Law.

Article 31

Description of the Invention

1.                  The patent application must disclose the invention in a manner sufficiently clear and precise for it to be carried out by a person skilled in the art.

2.                  If the invention relates to a viable biological material which cannot be disclosed in a manner enabling it to be carried out by a person skilled in the art, the application must be accompanied by the proof to the effect that the sample of such material has been deposited with the competent institution not later than on the filing date of the patent application.

3.                  The competent institution referred to in paragraph (1) of this Article shall be considered to be the institution which complies with the requirements prescribed by the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, of 1997.

Article 32

Patent Claims

1.                  Patent claims shall define the subject matter the protection of which is applied for.

2.                  Patent claims shall be clear and concise and fully supported by the description of an invention.

Article 33

Abstract

The abstract shall be the short summary of the essence of an invention serving exclusively for the purpose of technical information and shall have no effect on the scope of protection requested.

Article 34

Filing Date

1.  The accordance of the filing date of the patent application with the Institute shall require that on such a date the application contains:

a)  express indication that the grant of a patent or a short-term patent is applied for,

b)  the name or the company name respectively, and the residence or the business seat respectively of the applicant,

c)  the description of an invention and one or more patent claims, provided that they are not, at the first sight, contrary to the requirements of the Articles 31 and 32 of this Law and the implementing provisions.

2.                  The date and number of receipt of the application, which fulfils the requirements referred to in paragraph (1) of this Article,  at the Institute shall be noted on the application and a certificate to that effect shall be issued to the applicant at his request.

3.                  If the Institute establishes that the application does not fulfill the requirements referred to in paragraph (1)  of this Article, the Institute shall invite the applicant to remedy all deficiencies within the time limit prescribed in the implementing provision.

4.                  If the applicant fails to comply with the invitation if the Institute, within the time limit prescribed, the patent application shall be rejected by a decision.

5.                  If the applicant corrects the deficiencies within the time limit, the Institute shall issue a decision whereby the date of receipt of the required corrections shall be accorded as the filing date of the patent application.

6.                  If it is determined that an application which does not fulfill the requirements referred to in paragraph (1) of this Article has been recorded in the register of applications, the Institute shall issue a decision on removing such application from the register.

Article 35

Amendments of the Patent Application

1.                  The patent application to which the filing date has been accorded shall not be subsequently amended by extending the subject matter the protection of which is applied for.

2.                  Changes and amendments to other data comprised in the application, by which the subject matter of the application is not extended, can be carried out until the completion of the procedure.

Article 36

Examination of a Patent Application

1.                  After the filing date has been accorded, the Institute shall establish whether the application complies with the following requirements:

a)  does it contain all the elements referred to in Article 29 of this Law and in implementing provision, and do they meet the defined requirements as to the correctness,

b)  whether the inventor is mentioned, or whether the application contains his declaration to the effect that he does not want to be mentioned in the application,

c)  whether the subject matter of the application is, at first sight, patentable within the meaning of Article 19, paragraph (1) and Articles 20 and 26 of this Law, if the subject matter of the application is a short-term patent.

d)  is a separate application filed for each invention, if the application, at first sight, does not comply with the rule on the unity of invention referred to in paragraph (3) of Article 28.

2.                  If the examination establishes that the requirements referred to in paragraph (1) of this Article are not complied with, the Institute shall invite the applicant to correct deficiencies expressly indicated in the invitation within the time limit which shall not exceed 90 days as from the date of receipt of the invitation.

3.                  On the reasoned request of the applicant the Institute may extend the time limit referred to in paragraph (2) of this Article for a period which shall not exceed 90 days as from the date of the expiration of the time limit referred to in paragraph (2) of this Article.

4.                  If the applicant complies with the invitation referred to in this Article, the Institute shall grant the priority right.

Article 37

Rejection of Application and Suspension of Procedure

1.                  If the applicant does not correct the deficiencies referred to in the invitation of the Institute within the prescribed time limit, or fails to pay the fees and procedural charges, the Institute shall issue a decision on the rejection of the patent application.

2.                  If the applicant, in the course of procedure, declares in writing that he wishes to renounce his request, the Institute shall issue a decision on the suspension of the procedure.

Article 38

Refusal of Application

1.                  The Institute shall issue a decision on the refusal of the request for the grant of a patent if the application has been filed for an invention which is not patentable within the meaning of Article 19, paragraph (2), and Article 20, or Article 26 of this Law when an application for a short term patent was filed.

2.                  The application which does not comply with the requirements of Article 19, paragraph (2), Article 20 or Article 26, of this Law, shall not be published.

Article 39

Conversion into an Industrial Design Application

1.                  The applicant can submit a request for converting a patent application into an industrial design application in the course of the procedure for grant of the right, under the condition that the applicant pays prescribed fees and procedural charges.

2.                  The industrial design application shall enjoy the priority of the original patent application.

Article 40

Publication of a Patent Application

1.                  If a patent application complies with all the requirements referred to in Article 36 of this Law, the Institute shall issue, subject to the payment of the administrative fee and procedural charges for the publication, a decision on publishing the application in the Official gazette.

2.                  The patent application shall be published on expiry of 18 months as from the filing date or the date of any claimed priority. At the request of the applicant and on payment of the prescribed fee, the application may be published at an earlier date, but not before 90 days have elapsed after the filing date.

3.                  The publication of a patent application shall comprise the publication of an abstract, a characteristic figure of the drawings, if any, and bibliographic indications as specified by the implementing provision.

4.                  The published patent application shall became available to the public.

5.                  The application which was not published shall be available to any interested party only with a prior written consent of the applicant.

Article 41

Grant of a Patent

1.                  After publication of a patent application the Institute shall issue a decision on the grant of a patent. The date of the publication of the patent application in the Official Gazette shall be considered as the date of the grant of the patent.

2.                  The decision on the grant of a patent shall also determine the scope of patent rights afforded by the text of accepted patent claims.

3.                  Granted patent shall be entered into the register of patents.

4.                  The institute shall issue a decision on the grant of a patent provided that the applicant, within the prescribed time limit, pays administrative fees and procedural charges for issuing a patent certificate and printing a patent file.

5.                  The content and the form of the patent certificate and patent file shall be specified by the implementing provision.

Article 42

Submission of Evidence

1.                  The patentee or the holder of an exclusive license shall be required to submit to the Institute written evidence that the patented invention satisfies the requirements of Articles 19, 20, 21, 23 and 24 of this Law, not later than the date of expiration of the ninth year of the patent term.

2.                  If the patentee or the holder of an exclusive license fails to act in accordance with the provisions in paragraph (1) of this Article, the validity of the patent shall expire at the latest on the date of expiration of the tenth year of the patent term.

3.                  If the patentee or the holder of an exclusive license for the patent sues a third person for patent infringement, he shall be obliged to submit the written evidence referred to in paragraph (1) of this Article. In such case, the Institute shall be obliged to deal with the matter immediately and to issue a decision in accordance with Article 44 of this Law.

Article 43

Written Evidence

1.                  The Institute shall consider evidence as referred to in Article 42 of this Law a granted European patent for the same invention, translated into one of the official languages in Bosnia and Herzegovina.

2.                  If no application for a European patent was filed, the Institute shall consider evidence as referred to in paragraph (1) of this Article a translation of the patent for the same invention into one of the official languages of Bosnia and Herzegovina, granted in a substantive examination procedure by any national or international patent office which, according to Article 32 of Patent Cooperation Treaty, enjoys the status of International Preliminary Examining Authority or by any other patent office with which a corresponding agreement has been concluded.

3.                  When written evidence was submitted pursuant to paragraph (2) of this Article, the patentee or the holder of an exclusive license for the patent shall be required to submit the list and copies of all documents which can be considered evidence, including information on previously rejected patents.

4.                  If the patentee or the holder of an exclusive license for the patent is not in the possession of evidence referred to in paragraphs (1) and (2) of this Article, he shall be entitled to require that the Institute obtain necessary data or opinion from an authority competent for issuing the decision. The patentee or the holder of an exclusive license for the patent shall pay fees for obtaining the opinion or data.

5.                  If the patentee or the holder of an exclusive license for the patent fails to pay administrative fees and procedural charges when submitting evidence referred to in this Article or fails to submit proposal of translation of evidence into one of the official languages in Bosnia and Herzegovina it shall be considered that no evidence was submitted.

Article 44

Issuance of final decision on the grant of rights

1.                  On the basis of the submitted documentary evidence and other documents referred to in paragraph (4) of Article 43, the Institute shall issue one of the following decisions:

a)  a decision on the grant of rights stating that the invention protected by the patent fulfills the conditions as referred to in Articles 19, 20, 21, 23 and 24 of this Law;

b)  a decision on the grant of rights stating that the invention only partially satisfies the requirements of Articles 19, 20, 21, 23, and 24 which correspondingly implies the narrowing of the scope of the claim or claims;

c)  a declaration of revocation of the decision if the patent did not satisfy the requirements for protection on the date the application was filed.

2.                &nb