Industrial Designs Law in Bosnia and Herzegovina
Industrial Designs Law in Bosnia and Herzegovina is governed by the Law on Industrial Designs, which regulates the registration, protection, and enforcement of industrial designs within the country. The legal framework aligns with European Union standards and international treaties due to Bosnia and Herzegovina’s aspirations for EU integration and its membership in international IP organizations.
Key Features of Industrial Designs Law in Bosnia and Herzegovina
1. Definition
An industrial design refers to the appearance of a product or part of a product, including lines, contours, colors, shape, texture, and/or materials.
2. Eligibility
To qualify for protection, the design must be new and have an individual character, meaning it creates a different overall impression from existing designs.
📄 Registration Process
Application Submission
Applications are submitted to the Institute for Intellectual Property of Bosnia and Herzegovina (IPO BiH).
The application must include:
A clear representation of the design (drawings or photographs).
Information about the applicant and designer.
A description of the design, if necessary.
Examination
IPO BiH conducts a formal examination of the application.
No substantive examination of novelty or individual character is required before registration (registration is mostly on a formal basis).
Publication
Registered designs are published in the Official Gazette to notify the public.
Registration
Upon successful application, a certificate of registration is issued.
⏳ Duration of Protection
Initial protection is granted for 5 years from the filing date.
Protection can be renewed up to 4 times, each renewal extending protection by 5 years, for a total maximum duration of 25 years.
⚖️ Rights Conferred
The owner has the exclusive right to use the design and prevent unauthorized copying, imitation, or commercial use by others.
🌍 International Treaties
Bosnia and Herzegovina is a member of the Paris Convention and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
It is also a member of the World Intellectual Property Organization (WIPO).
Bosnia and Herzegovina participates in the Hague Agreement Concerning the International Registration of Industrial Designs, allowing for international design protection.
🛡️ Enforcement
Industrial design rights can be enforced through the courts of Bosnia and Herzegovina.
Remedies include injunctions, damages, and destruction of infringing products.
✅ Summary
Bosnia and Herzegovina’s industrial design law offers protection for new and individual designs through registration with the IPO BiH.
Protection lasts up to 25 years with renewals every 5 years.
The registration process is mainly formal with publication in the Official Gazette.
The country is a member of key international IP treaties, including the Hague Agreement.
Enforcement is available via national courts with various legal remedies.
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