Institute for intellectual property of Bosnia and Herzegovina

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Institute for intellectual property of Bosnia and Herzegovina
Bosnia and Herzegovina
Institute for intellectual property of
Bosnia and Herzegovina
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Institute for Intellectual Property
Bosnia and Herzegovina
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Address and Internet:
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Head Office: Kneza Domagoja bb, 88000 Mostar
E - mail: [email protected]
Fax: +387 36 31 84 20
Director and Deputy Director, Tel: +387 36 33 43 82
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Branch Office: H. Cemerlica 2/IX, 71000 Sarajevo, E - mail:
[email protected]ipr.gov.ba
Fax: +387 33 65 27 57
Branch Office:Ugao Bana Lazarevića i Vase Pelagića, 51000 Banja Luka
Fax: 51/ 21 83 12
Tel: 51/ 21 85 32 (Centar PATLIB)
WEB: www.ipr.gov.ba
E - mail: [email protected]
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Institute for intellectual property of Bosnia and
Herzegovina
Started as a self standing institution on January 1.
2007 with:
Employed
:13 employees
Workspace 220 m2 of the office space in Sarajevo
IT: insufficient and unreliable IT support
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Institute for intellectual property of Bosnia and
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In 2008 it was neded to improve B&H intellectual property protection system primarily from:
use
of intellectual property for the purpose of B&H economic development, in accordance with
the requirements of competitive environment in the Eurpean Union and on a global scale;
process
of accession to WTO, which commenced in 1999 and which requires the harmonization
of legislation in the domain of intellectual property with the TRIPS Agreement;
accession
of BiH to Stabilization and Association Agreement -SAA, for which EU negotiations
commenced in 2005, prompting the improvement of intellectual property protection in accordance
with TRIPS and Acquis Communautaire and the fulfillment of obligations under the Interim
Agreement on Trade and Trade Related Matters entered into by the European Community and
Bosnia and Herzegovina (Gazette of BiH – International Treaties, number 5/08)
A new, contemporary intellectual property system of Bosnia and Herzegovina, which
complies with specified requirements, would thus be established through the improvement
of the existing system
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Institute for intellectual property of Bosnia and
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DEVELOPMENT STRATEGY
Institute for Intellectual Property of Bosnia and
Herzegovina (2008 – 2015)
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Development of a modern intellectual property system
Strengthening the institutional capacities of the Institute
for Intellectual Property of Bosnia and Herzegovina and
cooperation with other institutions involved in IP system
in BiH
Development of intellectual property system users
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Institute for intellectual property of Bosnia and
Herzegovina
Three basic components of the national IP system: legislation – institutions – users
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Institute for intellectual property of Bosnia and
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1. Legislation:
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Copyright and Related Rights Law in Bosnia and Herzegovina "Gazette of
B&H ", volumes 7/02, 32/02 i 76/06
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Industrial Property Law in Bosnia and Herzegovina "Gazette of B&H",
volumes 3/02 i 29/02
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Institute for intellectual property of Bosnia and
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and folowing regulations:
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Trademarks Regulations
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Industrial Design Regulations
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Regulations Concerning the Appellations of Origin
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Regulations Concerning the Patent Grant Procedure
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Regulations Concerning Professional Criteria for Performing the
Function Pertaining to Copyright and Related Rights Enforcement
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Institute for intellectual property of Bosnia and
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2. Institutions
Institute for intellectual property of Bosnia and Herzegovina and
Institutions for the enforcement of intellectual property rights and the laws
governing their work in the domain of intellectual property in B&H
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Institute for intellectual property of Bosnia and
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3. Users
The users of intellectual property may be grouped as follows:
Economic
systems
Small and medium-sized entrepreneurs
Development-reserch institutions
Higher-education institutions
Craftsmen
Inventors
Contemplating their respective activities in the acquisition and use of
intellectual property in B&H through the number and structure of national
applications for the protection of industrial property, which is one of transparent
indicators, it was concluded that the use of intellectual property in B&H was not
at satisfactory level.
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Strategy highlighted:
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insufficient capacities in B&H, specialized, trained and experienced in
drafting proposed legislation in the domain of intellectual property, in
accordance with current and future requirements of economic development
and accession to WTO and EU;
inadequate structure and insufficient capacity of the Institute for all functions
which stem from the context of current competences and obligations
imposed on B&H under WTO and SAA;
lack of preconditions (competence, resources) for the function of institutions
within the institutional component pertaining to intellectual property
management;
undeveloped user component:
insufficient number of lawful representatives for the protection of industrial
property.
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Institute for intellectual property of Bosnia and
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In order to create a new intellectual property system of
B&H, functioning in accordance with the demands
imposed on it (economic development, WTO, SAA),
some fundamental preconditions must be fulfilled in
terms of the completion of intellectual property system in
its all three components (legislation, institutions, users)
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Institute for intellectual property of Bosnia and
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1.
Legislation
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Sufficient human resources, specialized and qualified,
having necessary experience in drafting new laws and
bylaws (number of specialists, adequate specialist
education and possibly experience in drafting bills)
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2. Institutions
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New competences need to be defined and a new organizational
structure with a certain number of organizational units (Sectors,
Services), consistent with such new competences, must be
established in the Institute as an institution having the existing
comptence pertaining to the establishment of intellectual property
rights:
It is necessary to capacitate the institute in terms of human
resources, provide necessary equipment and adequate office
premises and sufficient financial resources;
As to the institutions for the enforcement of intellectual property
rights, which already operate under their respective competences, it
is necessary to determine their specific competences related to
intellectual property and ensure that they have adequate human
resources and suitable working conditions in terms of premises and
materials and receive quality specialist education.
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In order to achieve maximum coordination and synergy of the function in the
establishment, development and functioning of a new intellectual property system in
BiH, of which a focal point is the Institute, the formation of the following Councils is
proposed herewith:
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Council for the legislative development of intellectual property system in B&H
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Council for the enforcement of intellectual property
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Council for the development of the users of intellectual property
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Council for the promotion of use of the protection of appellations of origin
Council for copyright and related rights and the collective management of copyright and
related rights
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Council for the control of piracy and trade in counterfeit goods
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3. Users
 As for the users of intellectual property system of BiH, it is
necessary to define and implement programs to familiarize
them with intellectual property and its use and raise their
awareness of the role and importance of intellectual
property;
 Give an impetus to the establishment of internal offices for
intellectual property in large economic entities and ensure
social support for the small ones in the establishment and
functioning of specialized agencies for intellectual property;
 Ensure access to financial support under favourable
conditions for the acquisition and maintenance of
intellectual property rights in the country and abroad.
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Institute for intellectual property of Bosnia
and Herzegovina
STRATEGIC OBJECTIVES
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1. Strengthen institutional capacities of the Institute for Intellectual Property of BiH for the
purpose of making it capable of discharging the duties under the present competence and
new competences, which includes initiation, setting in motion, functioning and development
of all three components of a new intellectual property system in B&H;
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2. Establish preconditions for the establishment and promotion of the legislative component
of a new intellectual property system of B&H in accordance with the needs for making
contribution to the economic development of BiH and the demands imposed by integration
processes, starting from the current demands under WTO/TRIPS and EU/SAA.
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3. Improve institutional capacities of the Institute in accordance with the current
competence pertaining to the conduct of quality, prompt, rational and transparent
procedures for the grant of industrial property rights in B&H in accordance with the EU
criteria and practices.
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4. Contribute to institutional capacity building and the functioning of institutions, whose
respective competences include the enforcement of intellectual property rights in B&H.
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5. Contribute to the development of B&H intellectual property system users by means of
raising public awareness of the role and significance of intellectual property in modern
economy and knowledge-based society and establish preconditions for the use of
intellectual property in achieving competitiveness of B&H economy.
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ACHIEVEMENTS
According to Annual reports of the work of the Institute for intellectual
property of Bosnia and Herzegovina for 2010 and 2011
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1. Legislation
The Institute has prepared a draft law in the intellectual property and
submitted to competent authorities for consideration and adoption.
Parliamentary Assembly adopted in 2010:
Patent Law
Trademark Law
Law on Industrial Designs
Law on the Protection of geographical indications)
Law on the Protection Topography of Integrated Circuits
Law on Copyright and Related Rights
Law on Collective Management of Copyright and Related Rights
The laws provided a level of protection for holders of intellectual
property rights in BiH according to EU Directives, the TRIPS Agreement
and international conventions in this field.
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2. Institutions:
Institute for intellectual property of Bosnia and Herzegovina
Employed: a total of 50 employees
Workspace: the work of the Institute provided at three locations: Mostar, Sarajevo
and Banja Luka - a total of approximately 800m2
IT: Adequate IT equipment
PATLIB center: In Banja Luka – Established and equiped by adequate IT; Well
educated staff; Available information and access to the databases either national or
international such as ROMARIN, CTM...
Expert education: Continuously staff training
Web page: Redesigned and improved Web site of the Institute according to the
recommendations of the WIPO Standing Committee on Information Technology. Web
content is available on the Institute's official BiH languages and in English
Official Gazette: Redesigned, available in paper and electonic form
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2. Institutions:
Training in intellectual property:
 Staff of the Institute of Intellectual Property were trained
during study visits in the other National Offices (Serbia,
Slovenia, Macedonia and Croatia).
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Trained employees of institutions in charge of the
implementation of intellectual property (ITA, market
inspections, the Agency for Investigation and Protection,
etc., )
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Traings for prosecutors, judges, lawyers, police officers
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2. Institutions:
Three advisory councils as the coordinating body of the Institute constituted:
 Council
for the legislative development of intellectual property system in
B&H
 Council
for the development of the users of intellectual property
 Council
for copyright and related rights and the collective management
of copyright and related rights
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3. Users
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Seminars and trainings for the users such as craftsmen and
inventors
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Lectures for students and other users of intellectual property
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Materials in printed and electronic form such as brochures, afisha ...
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Institute for intellectual property of Bosnia and
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Brochures:
 How to protect patents in B&H
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How to protect a trademark in B&H
How to protect an industrial design in B&H
How to protect geographical designation of origin in B&H
Copyright in B&H
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brochure "Copyright and Related Rights in B&H" with a detailed review of
the decision of the Law on Copyright and Related Rights Act and the
collective management of copyright and related rights
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Collection of International Conventions in Intellectual Property
Collection of Intellectual Property legislation
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Institute for intellectual property of Bosnia and
Herzegovina
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Irma Delibasic
Institute for Intellectual Property B&H
-Trademark Department Hamdije Cemerlica 2/IX, 71 000
Sarajevo
 [email protected]
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THANK YOU
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