Intellectual property protection (patent, trademark and service mark, industrial design, indication of geographical origin, copyright and related rights) is becoming more complex for global companies that often have a large IP portfolio and operate in legal systems with different laws and levels of protection.
Rapid technological development allows violators of the rights to improve their methods, and the development of intellectual property as one of the main drivers for acquisitions and merging of firms makes the development of a strategy for the protection of this type of property even more important.
With professional experience in all fields of intellectual property, we advise clients in managing and protecting the brand, protecting patents and generally intellectual property in court, inspection, customs and tax authorities, protecting business secrets, transferring and stocking intellectual property, legal aspects of marketing, advertising, promotion and competition.
Based on our long experience in this field, we approach intellectual property management as a strategic issue, for which we have developed professional staff, procedures and technologies, in order to provide IP protection in one place for global business.
The authorized patent attorneys of our office successfully register and protect the intellectual property rights - patent, trademark, industrial design, indication of geographical origin, of the integrated circuits topography, copyright and related rights.
We provide services in the countries of the former Yugoslavia and the world, with a network of correspondent offices.
For many years we have been representing various companies at the Institute for Intellectual Property of Bosnia and Herzegovina and the courts, the World Intellectual Property Organization (WIPO), the European Patent Office (EPO), the African regional organizations AIPPI and OAPI, before the customs authorities of Bosnia and Herzegovina UINO for customs, as well as we have been doing professional consulting of foreign and domestic clients.
The patent is recognized for any invention in any field of the technique:
A patent granted on the basis of the law is a territorially restricted right that is valid in the territory of Bosnia and Herzegovina. A foreign physical and legal person with respect to patent protection in Bosnia and Herzegovina shall enjoy the same rights as the domestic natural and legal person, if this arises from international treaties and conventions to which it has entered or ratified by Bosnia and Herzegovina or on the basis of the application of the reciprocity principle.
The patentee's material rights include the exclusive rights of economic exploitation of the invention and the right to dispose of it in accordance with the provisions of the law.
Procedures of patent protection abroad are:
The trademark is the right to protect the sign that in economic transactions serves to differentiate the goods or services of a natural or legal person from the same or similar goods or services of another natural or legal person.
A trademark can protect a mark that is suitable for distinguishing the same or similar goods or services in commercial traffic and which can be graphically displayed. The trademark may consist, in particular, of words, including personal names, drawings, letters, numbers, pictures, shapes of products or their packaging, color schemes, three-dimensional forms or a combination of these elements.
The holder of the registered trademark or the applicant for the recognition of a trademark may be a domestic or foreign natural or legal person under the conditions prescribed by law. Foreign natural persons and legal entities with regard to the protection of the mark with a stamp in BiH enjoy the same rights as domestic natural and legal persons, if that arises from international treaties or conventions to which BiH has entered or ratified, or from the principle of reciprocity.
The holder of the trademark from BiH, ie the applicant in BiH, can submit a request for international registration of the trademark, as well as a request for registration of changes in the International Register in accordance with international agreements.
The trademark owner has the right to prohibit other persons unauthorized using of:
a) a sign identical to his trademark in relation to goods or services identical to goods or services for which the trademark is registered,
b) a sign that is identical or similar to his trademark in relation to goods or services which are the same or similar to the goods or services for which the trademark is registered if there is a likelihood that the public may be misled, which includes the likelihood of bringing in relation to that sign and a trademark,
c) a sign that is identical or similar to his trademark in relation to goods or services that are not similar to those for which the trademark is registered when that trademark has a reputation in BiH and when the use of that sign without undue reason undermine the distinctive character or reputation of the trademark or imposes them damage (the famous trademark).
Industrial design is the exclusive right to the outward appearance of the product. The outward appearance of the product is the overall visual impression that the product leaves to the informed consumer or user.
Design is a three-dimensional or two-dimensional outward appearance of the entire product, or its part, which is determined by its visual characteristics, in particular the lines, contours, colors, shape, texture and/or materials from which the product is made, or by which it is decorated, and their combination.
Product means any industrial or craft product, including, inter alia, parts intended for connection to a complex product, product packaging, graphic symbols and typographical characters, excluding computer programs. An industrial or craft product means any item that can be manufactured in a number of identical copies by industrial or craft production.
It will be considered that the design is new if the identical design has not become available to the public anywhere in the world before the date of filing the application for recognition of an industrial design for that design, or if there is no previously filed application for recognition of an identical industrial design. In case the right of priority is claimed, it will be considered that the design is new if it has not become available to the public prior to the day of the recognized priority right.
Design shall be deemed to have an individual character if the overall visual impression left to the informed user differs from the overall visual impression which leaves any other design on that user, which became available to the public prior to the submission of a proper application for the recognition of an industrial design, or the day of recognized priority rights of the opposing industrial design.
Industrial design is obtained by enrolling in the Industrial Design Register and is valid for five years from the date of submission of the application, but it can be extended four more times for the same period. The holder of an industrial design has the right to prohibit a third person from unauthorized economic exploitation of a registered industrial design.
Indication of geographical origin is any indication that a country or a place that is located, directly or indirectly, is designated as the country or place of geographical origin of the product.
Indications of origin are used for marking natural, agricultural, industrial, handicraft and home-made products. A geographical origin is a mark that identifies certain goods as originating in the territory of a particular country, region or locality from that territory, where a certain quality, reputation or other characteristics of the goods can be essentially attributed to its geographical origin.
The name of the origin is the geographical name of the country, region or locality which serves to identify the product from there, whose quality and specific properties are exclusively or substantially determined by the geographical environment, which includes natural and human factors and whose production, processing and preparation are generally carried out on a specific restricted area.
The indication of origin is also a name that is not an administrative geographical name of a particular country, region or locality, which has become commonly known as the traditional name of the product originating from the area by the long use in circulation, or is the historical name of that area, if it meets the legal requirements.
The product can be exeptionally protected by the name of the origin or geographical indication if it has a proven traditional characteristic, a high reputation and is well known, and when the raw material for the production of this product originates from areas different or wider than the area of processing, if the area of raw material production is limited and there are special conditions for the production of this raw material, as well as the inspection control system that ensures monitoring the fulfillment of special conditions.
The author of the work is the physical person who created the work. Copyright is created and belongs to the author based on the creation of a copyright work and is not conditioned on the fulfillment of any formalities or requirements in terms of its content, quality or purpose.
The work of authorship is considered as an individual spiritual creation in the fields of literature, science and art, regardless of the type, manner and form of expression, unless otherwise determined by law.
The following shall be deemed to be copyright works:
Translations, adjustments, music arrangements, music processing and other processing of original works that represent an individual spiritual creation are protected as autonomous works of art.
By copyright works are also considered collections of works of authorship or other material (encyclopedias, collections of papers, anthologies, collections of folk literary and artistic creations, collections of documents, collection of court decisions, databases and the like) which, having regard to the choice, schedule or manner of displaying their content, represent independent individual spiritual creations.
The law also protects the following categories of related rights: