Public Consultation

Draft Work Report of the Institute for Intellectual Property of Bosnia and Herzegovina for the year 2023

Draft Work Report of the Institute for Intellectual Property of Bosnia and Herzegovina for the year 2023 – after public consultations

Report on the conducted public consultations – Draft Work Report of the Institute for Intellectual Property of Bosnia and Herzegovina for the year 2023

Statement to the Council of Ministers on the conducted public consultations - Draft Work Report of the Institute for Intellectual Property of Bosnia and Herzegovina for the year 2023

 

Draft Law on Representation in the Field of Industrial Property

In Bosnia and Herzegovina, there is no law regulating the area of representation in proceedings before the Institute for Intellectual Property of Bosnia and Herzegovina in a comprehensive manner. This issue is currently regulated in Bosnia and Herzegovina in part by the Law on Patents, Law on Trademarks, Law on Industrial Designs, and the Law on the Protection of Indications of Geographical Origin. The umbrella institution in Bosnia and Herzegovina in the system of intellectual property protection is the Institute for Intellectual Property of Bosnia and Herzegovina.

The Draft Law on Representation in the Field of Industrial Property prescribes the conditions for performing representation activities in the field of industrial property rights in proceedings before the Institute for Intellectual Property of Bosnia and Herzegovina (acquisition, maintenance, transfer and cessation of industrial property rights), the procedure for registration in the Register of Representatives, conditions for registration in the Register, deletion from the Register, establishment of the Chamber of Representatives in the field of industrial property rights, as well as its authority. After analysing all the laws regulating representation in the field of industrial property in Bosnia and Herzegovina, it was concluded that it is necessary to adopt a special law that would systematically regulate this area as a whole. We emphasize that the Law on Representation in the Field of Industrial Property does not repeal the provisions of the laws that partially regulate representation in relation to certain industrial property rights and that they are fully compatible with the provisions of this law.

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Draft Law on the Collective Management of Copyright and Related Rights

Institute for Intellectual Property of Bosnia and Herzegovina opened the public consultation process for the Draft Law on the Collective Management of Copyright and Related Rights.

Bosnia and Herzegovina adopted the Law on the Collective Management of Copyright and Related Rights in 2010 ("Official Gazette of BiH" No. 63/10). With the entry into force of the aforementioned Law, the following are regulated: (I) content and method of collective management of copyright and related rights; (II) organizations for the collective management of copyright and related rights; (III) conditions and procedure for granting permission for collective management of rights; (IV) tariffs and tariff agreements on the amounts of fees for the use of a work of authorship and the subject of related rights; (V) supervision by the competent state body over collective organizations; (VI) appointment, composition, competencies and work of the Copyright Council.

Since Bosnia and Herzegovina, as part of the process of stabilization and association with the European Union, as prescribed by Article 71 of the Stabilization and Association Agreement, is obliged to guarantee a level of intellectual property protection similar to the level that exists in the European Union, and thus harmonize regulations in the area of copyright and related rights, it was assessed that it is necessary to enact a completely new law that would regulate the work of collective organizations for the management of copyright and related rights in order to achieve the necessary level of compliance with the directives: 2014/26, 2019/789/EU, 2019/790/EU, as well as the directives amended by the said directives. By signing the aforementioned Agreement, acceptance of the acquis communautaire became an obligation for Bosnia and Herzegovina. In addition, one of the areas that today receives the greatest attention in the member states of the European Union and the world is precisely the area of intellectual property. This is clearly visible in the number of European Union directives that were accepted after the adoption of the now valid Law on the Collective Management of Copyright and Related rights.

You can participate in the consultation by signing up at the link.

 

Draft Law on Amendments to the Law on Copyright and Related Rights

Institute for Intellectual Property of Bosnia and Herzegovina opened the public consultation process for the Draft Law on Amendments to the Law on Copyright and Related Rights.

Bosnia and Herzegovina adopted the Law on Copyright and Related Rights in 2010 ("Official Gazette of BiH" No. 63/10). Law on Copyright and Related Rights regulates essential issues of copyright (authors' rights to works in the fields of literature, science and art) and related rights (rights of performers, producers of phonograms, film producers, broadcasting organizations, publishers and producers of databases).

Since Bosnia and Herzegovina, as part of the process of stabilization and association with the European Union, as prescribed by Article 71 of the Stabilization and Association Agreement, is obliged to guarantee a level of intellectual property protection similar to the level that exists in the European Union, and thus harmonize regulations in the area of copyright and related rights, it was assessed that it is necessary to make amendments to the Law on Copyright and Related Rights in order to achieve the necessary level of compliance with the directives: 2011/77/EU, 2017/1564/EU, 2019/789/EU, 2019/790/EU, as well as directives amended by the aforementioned directives. By signing the cited Agreement, acceptance of the acquis communautaire became an obligation for Bosnia and Herzegovina. In addition, one of the areas that today receive the greatest attention in the member states of the European Union and the world is precisely the area of intellectual property. This is clearly visible in the number of directives of the European Union, which were accepted after the adoption of the currently valid Law on Copyright and Related Rights.

You can participate in the consultation by signing up at the link.

 

Draft Law on the Protection of Indications of Geographical Origin

Report on the conducted public consultations - Draft Law on the Protection of Indications of Geographical Origin

Statement to the Council of Ministers on the conducted public consultations – Draft Law on the Protection of Indications of Geographical Origin

 

Draft Law on the Protection of Trade Secrets as an Intellectual Property Right

Report on the conducted public consultations - Draft Law on the Protection of Trade Secrets as an Intellectual Property Right

Statement to the Council of Ministers on the conducted public consultations – Draft Law on the Protection of Trade Secrets as an Intellectual Property Right