Patents in Bosnia and Herzegovina - Customs Measures

The holder of the exclusive rights under the Law on Patents, who reasonably believes that the importation, transit or exportation of the goods manufactured in contravention of the provisions of that Law shall take place, may file a request for the protection of his rights with the competent customs authority by means of customs measures of temporary impounding of the goods. 

The request for the protection of the patent rights by the customs authorities must contain:

a) details of the applicant and the holder of the exclusive right under the Law if they are not the same person;

b) detailed description of the goods, enabling the identification thereof;

c) proofs that the applicant or a person authorized by him is the holder of the exclusive right under the Law in connection with such goods;

d) proof that the exclusive right is likely to have been infringed;

e) other details held by the applicant relevant for deciding on the request, such as details of the location of the goods and the destination thereof, the expected date of arrival or dispatch of the package, means of transportation, details of the importer, exporter or recipient, and the like;

f) time period within which the customs authorities shall act upon such request, which may not be longer than two years from the date of the filing thereof.

The customs authority may, before issuing decision by which it complies with the filed request, inquire the right holder to deposit a security instrument for the costs of the storage and transportation of the goods, as well as for the compensation for other costs or damage, which may be incurred by the customs authority in connection with the goods and by the party against which the request is upheld.

If the customs authority complies with the request, it shall inform all the customs outposts and the right holder about it.

Where in the course of the customs procedure a customs outpost finds the goods matching the description of the goods indicated in the decision of the competent customs authority, it shall temporarily impound such goods. The decision on the temporary impounding of the goods shall be delivered to the right holder and to its importer. It shall be specified in the decision on impounding that the owner of the goods, or a person authorized to keep the goods in his possession may declare, within ten working days from the date of temporary impounding, whether the goods are infringing a right under the Law on Patents.