Institute's comment to an article published on Klix.ba
Institute for Intellectual Property of Bosnia and Herzegovina
Referring to a recently published article on Klix entitled "If you are a young innovator, do not expect help from the state: Public calls do not recognize individuals", the Institute for Intellectual Property of Bosnia and Herzegovina wants to emphasize that the Institute's role is misinterpreted by stating that "Institute for Intellectual Property of Bosnia and Herzegovina has not submitted any patent claims”. “This misinterpretation obliges us to further explain the role of the Institute in the intellectual property protection system in general, and in particular patents.
The competence of the Institute for Intellectual Property of Bosnia and Herzegovina is to conduct administrative procedures for acquisition, maintenance, transfer and termination of industrial property rights (patent, consensual patent, trade mark and service mark, industrial design, geographical indication) in the territory of Bosnia and Herzegovina. The role of the Institute for Intellectual Property of Bosnia and Herzegovina in the area of patents under the current legislation is to conduct proceedings for the acquisition, maintenance, termination and record of patent transfers, respectively consensual patents, and not submitting "patent claims" as can be inferred from the aforementioned article. Furthermore, the term "patent claim" used in the article has a completely different meaning in the field of patents and is defined by the Law on Patents, Article 20, as part of a patent application.
In addition to this competence, the Institute has other competencies:
- Institute conducts the procedure for registration of the topography of integrated circuits in Bosnia and Herzegovina;
- Institute conducts the procedure for international registration of industrial property rights on the basis of international conventions of which Bosnia and Herzegovina is a member;
- Institute performs jobs in the field of copyright and related rights referring to authors' rights in works in the fields of literature, science, art, rights of performers, phonogram producers, rights of broadcasting organizations, rights of producers of videograms and databases in Bosnia and Herzegovina;
- Institute grants authors’ organizations and other copyright holders licenses to collectively exercise these rights and supervises their work;
- Institute performs information and documentation activities in accordance with the standards proposed by the World Intellectual Property Organization (WIPO / OMPI), the laws and regulations governing intellectual property;
- Institute prepares basis for the accession of Bosnia and Herzegovina to bilateral and multilateral agreements, conventions and treaties in the field of intellectual property;
- Institute prepares laws and implementing regulations in the field of intellectual property;
- Institute carries out activities aimed at achieving international cooperation with institutions of other countries, as well as with international organizations in the field of intellectual property established at world, regional or other level;
- Institute promotes protection and respect of intellectual property rights;
- Institute organizes seminars and other meetings in the field of intellectual property;
- Institute keeps registers of applications and granted industrial property rights;
- Institute publishes data on industrial property rights in Bosnia and Herzegovina in the "Official Gazette of the Institute";
- Institute provides information on how to exercise rights before other institutions in Bosnia and Herzegovina;
- Institute keeps registers of industrial property protection attorneys;
Intellectual property includes copyright and related rights, as well as industrial property rights.
Industrial property includes the rights that manufacturers use to protect from competitors their business interests, market position and resources invested in research, development and promotion. Industrial property rights include: patent, trademark, industrial design, indications of geographical origin and integrated circuit topographies.
Procedure of granting a patent is initiated by filing a patent application with the Institute for Intellectual Property of Bosnia and Herzegovina in accordance with the Law on Patents (Official Gazette of BiH, No. 53/10) and the Regulations Concerning Procedure for the Grant of a Patent and a Consensual Patent (Official Gazette of BiH, No. 105/10). After submission of the application, the Institute examines the application and determines the date of submission of the application. The patent application shall be published in the Official Gazette of the Institute after the expiration of 18 months from the date of filing, i.e. from the date of the recognized priority right, and thus becomes publicly available. Within six months from the date of publication of the patent application, the applicant is required to file a request for granting of a patent or consensual patent and if all legal requirements are met, the Institute will issue a decision on the grant of the patent or consensual patent. After the patent is granted, the patent holder is obliged to pay prescribed annual fees and procedural expenses through the entire duration of the patent.Investing funds in scientific-research institutions and projects is the responsibility of ministries at different levels of government in BiH, and the results of these projects can be subject to protection, which is when the Institute for Intellectual Property of BiH has its legal authority.