(a) Inventions (e.g. patents, supplementary protection certificates, rights in trade secrets, confidential information and/or know-how);

Patents, utility models and supplementary protection certificates – A patent is granted for any invention in any field of technology that is new, innovative, and has industrial application. The following are excluded from patentability: discoveries, scientific theories, mathematical methods, aesthetic creations, schemes, rules and methods, computer programs and presentations of information defined by the content of the information, as well as plant varieties, animal breeds, the human body, methods of treatment and diagnostic methods, and inventions contrary to public order or morality. Isolated elements of the human body may be eligible for patent protection if they meet the legal requirements and have a proven industrial application.

The new Law on Patent Protection (June 2026) incorporates the provisions of the following European Union legislation: Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions (Official Journal No. L 213, 30 July 1998) and Directive 2004/48/EC; Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the creation of a supplementary protection certificate for medicinal products (Official Journal No. L 152, 16 June 2009), as amended; Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products (Official Journal No. L 198, 8 August 1996) and theRegulation (EC) No 816/2006 of the European Parliament and of the Council of 17 May 2006 on compulsory licensing of patents relating to the manufacture of pharmaceutical products for export to countries with public health problems (Official Journal No. L 157, 9 June 2006)

The Institute for Intellectual Property of Bosnia and Herzegovina is in charge of registration procedure, maintenance of patents and utility models. Unless otherwise provided by the Law, provisions relating to patents apply accordingly to utility models. Utility models cannot be registered for biotechnological inventions, chemical and pharmaceutical substances, processes, or inventions contrary to public order or morality.

Any patented product protected in Bosnia and Herzegovina that forms part of a medicinal product for human or veterinary use, or a plant protection product, for which an authorisation to place it on the market in Bosnia and Herzegovina is required, can be protected by a supplementary protection certificate.. The certificate can be granted for a maximum of five years and constitutes the same rights and limitations of those rights as the patent.

Trade secrets – Trade secrets were given unified protection in Bosnia and Herzegovina for the first time with the adoption of the Law on the Protection of Trade Secrets as an Intellectual Property Right in June 2026. The Law is aligned with Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure, as well as with Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights.

A trade secret is information that has commercial value because it is not generally known or easily accessible to persons who normally deal with such information, and that its lawful holder protects through reasonable measures to keep it confidential.

(b) Brands (e.g. trade marks, cause of action in passing off, rights to prevent unfair competition, association marks, certification marks, hallmarks, designations of origin, geographical indications, traditional speciality guarantees);

Trade marks – A trademark is suitable to protect a sign that can be used to distinguish identical or similar goods or services on the market  and that can be represented graphically in the register in a manner that enables the competent authorities and the public to determine the precise and clear subject matter of the protection granted to the trademark holder. A sign may consist of words, including personal names, drawings, letters, numbers, images, the shape of goods or their packaging, colour arrangements, three-dimensional forms, or combinations of these elements.

A collective trademark is a trademark owned by a legal entity that represents a particular form of association of producers or service providers, and which may be used by entities that are members of that association. A guarantee or certification trademark is a trademark used by several companies under the supervision of the trademark holder, serving as a guarantee of the quality, geographical origin, method of production, or other common characteristics of the goods or services provided by those companies. The new Law on trademark protection (as of June 2026) incorporates the provisions of the following European Union legislation: Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (Official Journal No. L 157, 30 April 2004), and Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 January 2015 to approximate the laws of the Member States relating to trade marks (Official Journal No. L 336, 23 December 2015).

Geographical indications  – A geographical indication protects any indication by which a country or a place located within it is directly or indirectly identified as the country or place of geographical origin of a product, and which is used to designate natural, agricultural, industrial, handicraft products, and products of domestic craftsmanship.

(c)  Other creations, technology and proprietary interests (e.g. copyright, design rights, semiconductor topography rights, plant varieties, database rights, rights in trade secrets, confidential information and/or know-how).

Copyright – A copyrighted work is an individual intellectual creation in the field of literature, science or art, regardless of its type, manner or form of expression. Copyrighted works particularly include written and spoken works; dramatic, dramatic-musical and puppet works; choreographic and pantomime works; musical works with or without lyrics; audiovisual works; works of fine art; architectural works and works from all fields of applied arts, graphic and industrial design; photographic and cartographic works; and presentations of a scientific, educational or technical nature. Copyright-protected works also include collections of copyrighted works or other materials, such as databases. Databases are collections of independent works, data, or other materials in any form that are systematically and methodically arranged and individually accessible by electronic or other means. Copyright protection in this context does not apply to computer programs used for the creation or operation of electronic databases.

Copyright arises and belongs to the author based on the mere creation of the copyrighted work and does not depend on the fulfilment of any formal requirements or conditions regarding its content, quality, or purpose. Copyright represents a unified right in a copyrighted work that includes exclusive personal rights (moral rights of the author), exclusive economic rights (economic rights of the author), and other rights of the author.

Industrial design – A design can be protected under the Law on Industrial Design if it is new and has an individual character. A design will be considered new if an identical design has not been made available to the public anywhere in the world prior to the date of filing the application for the registration of the industrial design, or if there is no earlier filed application for the recognition of an identical industrial design.

A design is considered to have an individual character if the overall visual impression it produces on an informed user differs from the overall visual impression produced on that user by any other design that was made available to the public prior to the date of filing a proper application for the recognition of the industrial design, or prior to the date of the recognised priority right of the conflicting industrial design.

Semiconductor topographies – Protection of the topographies of semiconductor products is achieved through the protection of an original topography that is the result of the intellectual effort of its creator and which, at the time of its creation, was not generally known in the semiconductor industry. Three-dimensional topographical structures are protected if they have an individual character, which applies both to parts that are used independently and to designs intended for the construction of topographies. A topography has an individual character if, as a result of intellectual work, it was not created merely by reproducing another topography and is not a common occurrence. The new Law on the Protection of Semiconductor Product Topographies (as of June 2026) is aligned with the provisions of the following European Union legislation: Council Directive 87/54/EEC of 16 December 1986 on the legal protection of semiconductor topographies; and Directive 2004/48/EC of the European Parliament and of the Council on the enforcement of intellectual property rights (OJ L 157, 30 April 2004).

Plant varieties – Protection of new plant varieties is achieved through a sui generis right known as the “plant breeder’s right”. A plant variety is a group of plant individuals within the lowest-ranking botanical classification unit. Protection is granted to the breeder, i.e. the person who created, discovered or developed the plant variety, or to their legal successor. Since the right relates to an intellectual creation, the original breeder is generally a natural person, while ownership may subsequently pass to another person under the applicable rules. A plant breeder’s right will be granted if the variety is new, distinct, uniform and stable.

Patents and utility models – A patent lasts for 20 years from the filing date of the patent application, provided that the prescribed annual maintenance fees and procedural costs are paid. Annual fees are payable for the third and each subsequent year, calculated from the filing date.

A utility model lasts for 10 years from the filing date of the application for registration, subject to payment of the fees.

Trade secrets – Trade secret protection has no fixed statutory term and lasts for as long as the relevant information remains secret, has commercial value because it is secret, and is subject to reasonable measures by its lawful holder to preserve its confidentiality.

Trademarks – A trademark is valid for ten years and may be renewed an unlimited number of times for further ten-year periods, subject to payment of the fees.

Geographical indications – The duration of a registered appellation of origin or registered geographical indication is not limited. However, the status of an authorised user may be subject to separate validity and renewal rules under the applicable legislation.

Copyright – Copyright generally lasts for the life of the author and 70 years after the author’s death. For works of joint authorship, the term generally runs from the death of the last surviving co-author. Copyright in collective works lasts for 70 years from the date of lawful publication of the work. The rights of performers last for 50 years from the date of the performance. The rights of phonogram producers last for 50 years from the date of the first fixation. The rights of film producers last for 50 years from the date of the first fixation of the videogram. The rights of broadcasting organisations last for 50 years from the date of the first broadcast. The rights of database producers last for 15 years from the completion of the creation of the database.

Industrial design – An industrial design is valid for five years from the filing date of the application and may be renewed four additional times for the same period, allowing protection for up to 25 years in total.

Semiconductor topographies – The term of protection of a semiconductor topography begins from the recognised filing date of the application for registration or from the date of the first commercial use of the topography anywhere in the world, whichever occurs earlier. The exclusive right ceases at the end of the calendar year in which ten years have elapsed from the date on which the term of protection began.

Plant varieties – A plant breeder’s right for new plant varieties lasts for 20 years from the grant of the right, and for vines and trees for 25 years from the grant of the right, subject to the payment of applicable maintenance fees and compliance with the relevant statutory requirements.

Patents and utility models– The right to protection of an invention belongs to the inventor or their legal successor. The inventor is the natural person who created the invention through their creative work. If an invention is created jointly by several inventors, the right to a patent belongs to all co-inventors, unless otherwise provided by law or agreement. An invention created in the course of employment is regulated by the applicable statutory rules, the employer’s internal acts and the employment contract. In general, where the invention is made while performing work duties, using the employer’s resources, or in connection with the employer’s activities, the employer may acquire the right to protect and exploit the invention, unless otherwise agreed. The employee retains moral rights as the inventor and may be entitled to fair compensation depending on the economic benefit obtained from the invention. If disclosure of the invention would reveal the employer’s trade secrets, the employer may restrict disclosure while providing appropriate compensation to the employee where required.

The first owner is the creator or their legal successor. As with patents, where the utility model is created in the course of employment, ownership and exploitation rights are determined by the applicable statutory rules, the employer’s internal acts and the employment contract, unless otherwise agreed.

Trade secrets – The first holder is the person or legal entity that lawfully controls the confidential information and takes reasonable measures to keep it secret. In an employment context, trade secrets developed or obtained by an employee in the course of performing work duties generally belong to or are controlled by the employer, subject to the applicable employment, confidentiality and contractual arrangements.

Trademarks – The first owner of a registered trademark is the natural or legal person in whose name the trademark is registered. Any person may apply for trademark registration, and employment or commission arrangements are relevant only insofar as they determine, by contract or internal arrangement, who is entitled to file and own the application.

Geographical indications – These rights do not belong to an individual creator in the same way as patents or copyright. Protection is linked to the relevant geographical area and product specification, while the right to use the registered indication belongs to authorised users that satisfy the statutory requirements. Employment or commission arrangements do not generally determine first ownership, although they may be relevant to the applicant’s internal arrangements.

Copyright – The first owner of copyright is the author, i.e. the natural person who created the work. A work created in the course of employment is a work produced by an employee while performing work duties or following the employer’s instructions. Unless otherwise agreed, the employee’s economic rights in such a work are transferred exclusively to the employer for five years from completion of the work. After that period, the rights revert to the author unless the employer requests a new unlimited transfer, in which case the author is entitled to appropriate compensation. Moral rights remain with the author. Special rules may apply to databases and collective works, where economic rights are generally transferred to the employer without limitation unless otherwise agreed.

Industrial design – The first owner is generally the author of the design or their legal successor. Where a design is created in the course of employment, the rules applicable to employee inventions apply mutatis mutandis, so the allocation of rights between the employee and employer depends on the law, the employment contract and the employer’s internal acts. For commissioned designs, ownership should be expressly regulated by contract; absent such regulation, the first ownership analysis depends on the applicable statutory rules and the circumstances of creation.

Semiconductor topographies– The first owner is the creator of the semiconductor topography or their legal successor. If the topography is created in the course of employment or under a commission, ownership and exploitation rights should be determined by the applicable statutory provisions and the relevant employment or commissioning agreement.

Plantvarieties – The first holder is the breeder, meaning the person who created, discovered or developed the new plant variety, or that person’s legal successor. Where the variety is created by an employee in the course of performing work duties or under a commission, entitlement should be determined by the applicable plant-variety legislation and the relevant employment or commissioning agreement.

The intellectual property rights described in section A that are registered rights, or rights obtained through a formal grant or registration procedure, are:

• Patents and utility models;
• Supplementary protection certificates, which are granted on the basis of a valid basic patent and the relevant marketing authorisation;
• Trademarks, including individual, collective and guarantee or certification trademarks;
• Appellations of origin and geographical indications, including the registration of authorised users where applicable;
• Industrial designs;
• Semiconductor topographies;
• Plant breeder’s rights for new plant varieties.

The intellectual property rights described in section A that do not depend on formal registration are:

• Trade secrets, which are protected where the relevant information is secret, has commercial value because it is secret, and is subject to reasonable measures by its lawful holder to preserve confidentiality; and
• Copyright and related rights, which arise automatically upon creation of the protected work or subject matter, without registration formalities.

Patents – An application for a patent may be filed by the inventor or their legal successor, as well as by any natural or legal person that has acquired the right to the invention. The application is submitted to the Institute for Intellectual Property of Bosnia and Herzegovina and must contain a request for the grant of a patent, a description of the invention, one or more patent claims, any drawings referred to in the description or claims, and an abstract. The Institute conducts a formal examination and, if the formal requirements are met, publishes the application after 18 months from the filing date or recognised priority date, unless earlier publication is requested. The applicant must then pursue the appropriate examination route, including full substantive examination, grant based on the results of examination by a foreign patent office, or grant of a consensual patent where available. Any natural or legal person may, within six months of the publication of a consensual patent request, file an objection or request a full examination. The required fees must be paid. The Institute informs the applicant of any objection or examination request. If an objection is filed, the applicant has six months to request a full examination and pay the remaining fee; otherwise, the patent application is rejected. During the entire term of a consensual patent, the holder or any other person may request a full examination by paying the required fees. The details of the objection are set by implementing regulations. If the statutory requirements are met and the prescribed fees and costs are paid, the Institute issues a decision granting the patent and enters the right in the Patent Register. The rules on patents apply accordingly to utility models, subject to the specific statutory exclusions and simplified nature of utility-model protection.

An application for a supplementary protection certificate may be filed by the holder of a valid basic patent for a medicinal product or plant protection product. The application is submitted to the Institute within the legally prescribed period after the first marketing authorisation for placing the product on the market in Bosnia and Herzegovina has been granted, or, where the authorisation was granted before the basic patent, within the prescribed period following publication of the grant of the patent. The Institute examines whether the statutory requirements are met and, if they are, issues the certificate and records it in the relevant register.

Trademarks – A trademark application may be filed by any natural or legal person. The application is submitted to the Institute and must identify the applicant, the sign for which protection is sought, and the goods or services covered by the application under the Nice classification. The Institute examines the application for formal requirements and absolute grounds for refusal.  Within three months from publication, any interested person may submit written observations to the Institute stating that the applied-for sign should be refused on absolute grounds. The person submitting observations does not acquire the status of a party to the proceedings, and the Institute assesses the observations at its discretion. Separately, a person with standing under the Trademark Law may file an opposition based on relative grounds for refusal within the prescribed period, in which case the opposition is examined in a separate procedure. If no successful objection is raised and all statutory requirements are met, the Institute registers the trademark and enters it in the Trademark Register.

Geographical indications – An application for the registration of an appellation of origin or geographical indication may be filed by a producer, association of producers, chamber, authority or other person authorised under the applicable legislation. The application is submitted to the Institute together with the product specification and evidence showing the link between the product, its characteristics or reputation, and the relevant geographical area. The Institute examines whether the formal and substantive requirements are met, publishes the application where appropriate, considers any opposition, and, if the conditions are fulfilled, registers the appellation of origin or geographical indication. The right to use the registered indication is acquired through a separate procedure for recognition of authorised-user status, where applicable. If the Institute intends to refuse an application for an appellation of origin or geographical indication, before issuing a final decision it informs the applicant of the reasons why the application does not meet the statutory requirements and gives the applicant an opportunity to respond within a period of 30 to 60 days, with the possibility of a one-time extension upon a justified request. The Institute considers the applicant’s response and may obtain an additional expert opinion where necessary. If the deficiencies are not remedied, the Institute issues a decision refusing registration. Before the procedure is completed, the applicant may request conversion of an application for an appellation of origin into an application for a geographical indication, or vice versa, where the statutory conditions are met. A refusal decision may be challenged through the legal remedies available against first-instance decisions of the Institute, including appeal and administrative dispute where applicable.

Industrial design – An industrial design application may be filed by the author of the design or their legal successor, including a natural or legal person that has acquired the right to the design. The application is submitted to the Institute and must include a request for registration, a representation of the design and other prescribed documentation. The Institute examines the application for formal requirements and statutory grounds for protection and publishes the application where required. If the Institute determines that an industrial-design application does not meet the statutory conditions for protection, before issuing a final decision it informs the applicant in writing of the reasons for refusal and gives the applicant an opportunity to respond within a period of 30 to 60 days, with the possibility of a one-time extension upon a justified request. If the applicant does not respond, or if the response does not remove the identified deficiencies, the Institute issues a decision refusing the application for recognition of the industrial design. The applicant may challenge the refusal through the legal remedies available against first-instance decisions of the Institute, including appeal and administrative dispute where applicable. If the statutory conditions are met, and no successful opposition or other obstacle prevents registration, the Institute issues a decision recognising the industrial design and enters it in the relevant register.

Semiconductor topographies – An application for the protection of a semiconductor product topography may be filed by the creator of the topography or their legal successor. The application is submitted to the Institute with the prescribed materials identifying the topography and proof of entitlement. The Institute conducts a formal examination and, if the application is complete and the statutory requirements are met, issues a decision recognising the right, enters the topography in the relevant register and issues the appropriate certificate. The applicant may appeal against a first-instance decision of the Institute to the Institute’s Appeals Commission. Once the Appeals Commission issues a second-instance decision, no further administrative appeal is available; however, an administrative dispute may be initiated before the Court of Bosnia and Herzegovina against the final decision.

Plant varieties – An application for the grant of a plant breeder’s right may be filed by the breeder of the variety or their legal successor. The application is submitted to the competent authority with the prescribed documentation, including information on the applicant, the proposed denomination and the characteristics of the variety. After formal examination, the competent authority arranges or relies on a technical examination of the variety, including testing for distinctness, uniformity and stability. If an application for the grant of a plant breeder’s right is refused, the applicant may appeal against the decision or conclusion issued in the procedure for acquiring plant breeder’s rights. The appeal is submitted to the competent Appeals Board within three months from the date of delivery of the decision or conclusion. Any further remedies should be assessed under the applicable plant-variety legislation and general administrative-procedure rules. If the statutory requirements are fulfilled and the prescribed fees and procedural costs are paid, a decision granting the plant breeder’s right is issued and the right is entered in the relevant register.

Patents and supplementary protection certificates – A patent application is ordinarily published after 18 months from the filing date or recognised priority date, depending on the complexity of the invention, the responsiveness of the applicant and the workload of the Institute. In practice, the procedure may take several years, particularly where full substantive examination is requested.

The application for supplementary protection certificates must generally be submitted within six months from the date on which the first marketing authorisation for placing the relevant medicinal product or plant protection product on the market in Bosnia and Herzegovina was granted. If the marketing authorisation was granted before the basic patent, the application must be submitted within six months from the date of publication of the information on the grant of the patent. The time required for the Institute to issue the certificate depends on whether the application is complete and whether the statutory requirements are met.

Trademarks – If the application meets the formal requirements and is not refused on absolute grounds, it is published in the Official Gazette of the Institute. Interested persons then have three months to file an opposition, where applicable. If an opposition is filed, the applicant has 60 days to respond. The total duration therefore depends on whether an opposition is filed, whether objections are raised, and whether any preliminary issue must be resolved before the competent court. In straightforward cases, the procedure is usually shorter, while contested or complex cases may be significantly longer.

Industrial design – The law does not prescribe a fixed total duration for the registration procedure. Timing depends on the completeness of the application, the need to remedy any deficiencies, publication, any observations or opposition by third parties, and the complexity of the case. Where the application is complete and no opposition or other obstacle arises, the procedure should generally be relatively shorter than a fully examined patent procedure.

Semiconductor topographiesopography of semiconductor products – The procedure is conducted by the Institute for Intellectual Property of Bosnia and Herzegovina, but the applicable legislation does not prescribe a fixed total duration for registration. After the application is filed, the Institute conducts a formal examination. If it identifies deficiencies, it invites the applicant to correct them within a period that may not be shorter than 30 days or longer than 90 days. Once the application is complete and the statutory requirements are met, the Institute issues a decision recognising the right, enters the topography in the relevant register and issues the appropriate certificate.

Geographical indications – The procedure may be complex because it can include the registration of an appellation of origin or geographical indication, publication and possible opposition, and a separate procedure for recognition of authorised-user status. The duration therefore depends on the completeness of the application, the product specification, any opposition or expert assessment required, and the subsequent authorised-user procedure where applicable.

Plant varieties – The duration of the procedure depends largely on the technical examination of the variety, including testing for distinctness, uniformity and stability. Because such testing may require more than one growing season, the procedure can take a considerable period. Timing also depends on the completeness of the application, payment of prescribed fees fulfilment of all statutory requirements.

Patents – For patents, third-party participation is limited. In the case of a consensual patent, any natural or legal person may, within six months from publication of the application, file an opposition to the grant of a consensual patent or request that a full substantive examination be conducted. In addition, during the validity of a consensual patent, any natural or legal person may request full examination. The general patent procedure does not provide for broad third-party participation comparable to opposition systems in some other jurisdictions.

Trade marks -Third parties may participate after publication of the application. Within three months from publication, any interested person may submit written observation   to the Institute stating that the applied-for sign should be refused on absolute grounds. The person submitting observations does not acquire the status of a party to the proceedings, and the Institute assesses the observations at its discretion. Separately, a person with standing under the Trademark Law may file an opposition based on relative grounds for refusal within the prescribed period, in which case the opposition is examined in a separate procedure.

Geographical indications -third parties may participate after publication of the application in the Official Gazette. Any interested person may, within three months from the date of publication, file a written opposition explaining why the application does not meet the statutory requirements for registration. Opposition may also be filed by holders of earlier trade names or trademarks where registration could endanger their prior rights or cause confusion among the public, as well as by holders of reputed or well-known trademarks. A person who files an opposition has the status of a party in the opposition proceedings.

Industrial design -third parties may participate after publication of the application. Any interested person may, within three months from publication, submit written observations to the Institute explaining why the applied-for design does not meet the statutory requirements for protection. The person submitting observations does not acquire the status of a party to the proceedings. In addition, an interested person may file an opposition within the same period where relative grounds for refusal are invoked; in that case, the opponent has the status of a party in the opposition proceedings.

Semiconductor topographies – the registration procedure is primarily formal and the applicable legislation does not provide third parties with a specific right to participate in, comment on or oppose the application during the registration procedure.

Plant varieties – For plant breeder’s rights, third-party participation during examination is limited. The procedure is centred on the applicant’s entitlement and the technical examination of the variety, including distinctness, uniformity and stability. After publication of the application, information on the filing date, applicant and variety becomes publicly available. However, the legislation does not provide a broad right for third parties to participate in the examination or to submit comments in the same manner as in trademark, geographical-indication or industrial-design opposition proceedings.

Patents – If the Institute determines that the conditions for granting a patent are not met, before issuing a final decision it informs the applicant of the reasons for refusal and gives the applicant an opportunity to submit observations and remedy the identified deficiencies within the prescribed period, usually one to two months. If the applicant does not respond, or if the response does not remove the deficiencies, the Institute issues a decision refusing the application. Where rights are lost because the applicant failed to observe certain procedural time limits, the applicant may, subject to the statutory conditions, request continuation of the procedure or restoration of rights. A refusal of a patent or utility-model application may also be challenged through the legal remedies available against first-instance decisions of the Institute, including an appeal and, where applicable, an administrative dispute against the final administrative decision.

Trademarks – If trademark registration is refused, the applicant may appeal against the first-instance decision of the Institute within 15 days from receipt of the decision. The appeal is decided by the Institute’s Appeals Commission as the second-instance body. If the Appeals Commission upholds the refusal or otherwise issues a final administrative decision adverse to the applicant, the applicant may initiate an administrative dispute before the Court of Bosnia and Herzegovina.

Geographical indications – If the Institute intends to refuse an application for an appellation of origin or geographical indication, before issuing a final decision it informs the applicant of the reasons why the application does not meet the statutory requirements and gives the applicant an opportunity to respond within a period of 30 to 60 days, with the possibility of a one-time extension upon a justified request. The Institute considers the applicant’s response and may obtain an additional expert opinion where necessary. If the deficiencies are not remedied, the Institute issues a decision refusing registration. Before the procedure is completed, the applicant may request conversion of an application for an appellation of origin into an application for a geographical indication, or vice versa, where the statutory conditions are met. A refusal decision may be challenged through the legal remedies available against first-instance decisions of the Institute, including appeal and administrative dispute where applicable.

Industrial design – If the Institute determines that an industrial design application does not meet the statutory conditions for protection, before issuing a final decision it informs the applicant in writing of the reasons for refusal and gives the applicant an opportunity to respond within a period of 30 to 60 days, with the possibility of a one-time extension upon a justified request. If the applicant does not respond, or if the response does not remove the identified deficiencies, the Institute issues a decision refusing the application for recognition of the industrial design. The applicant may challenge the refusal through the legal remedies available against first-instance decisions of the Institute, including appeal and administrative dispute where applicable.

Semiconductor topographies – In proceedings concerning semiconductor topographies, an applicant may appeal against a first-instance decision of the Institute to the Institute’s Appeals Commission. Once the Appeals Commission issues a second-instance decision, no further administrative appeal is available; however, an administrative dispute may be initiated before the Court of Bosnia and Herzegovina against the final decision.

Plant varieties – If an application for the grant of a plant breeder’s right is refused, the applicant may appeal against the decision or conclusion issued in the procedure for acquiring plant breeder’s rights. The appeal is submitted to the competent Appeals Board within three months from the date of delivery of the decision or conclusion. Any further remedies should be assessed under the applicable plant-variety legislation and general administrative-procedure rules.

There are two types of fees – substantive and administrative.

Patents, utility models and supplementary protection certificates-For patents, the administrative fee for filing an application is 10 KM. To maintain a patent, annual maintenance fees are payable from the third year of validity. The amount of the annual maintenance fee increases for each subsequent year of protection in accordance with the applicable tariff. The administrative fee for filing an application for utility models is also 10 KM. As with patents, separate procedural fees and costs may be payable for publication, registration, , appeals, certificates and other official actions. Maintenance of the right is achieved by paying the prescribed annual fees under theapplicable tariff, with the amount increasing during the period of protection. For supplementary protection certificates, separate official fees may be payable for the application, grant, publication, recordal and maintenance of the certificate, in addition to any fees connected with the underlying patent. Where a supplementary protection certificate has been issued, the applicable maintenance or protection fees increase during the period of protection in accordance with the tariff.

Industrial design- the administrative fee for filing an application for industrial designs is 30 KM. Additional official fees and costs may be payable for publication, registration, recordal of changes, appeals, extracts, certificates or additional representations where applicable. No annual maintenance fee is payable; instead, protection is renewed every five years. The administrative fee for renewal is 100 KM for each subsequent five-year protection period, subject to any additional procedural costs prescribed by the applicable tariff.

Trademarks-the administrative fee for filing an application for trademarks is 50 KM. Additional official fees may be payable depending on the number of classes of goods and services, publication, registration, recordal of changes, issuance of certificates, appeals and other procedural steps. Trademark protection is maintained by renewal every ten years. The administrative renewal fee is 50 KM for the first three classes of goods and services, with additional class or procedural fees payable where prescribed by the applicable tariff.

Semiconductor topographies – the administrative fee for filing an application for semiconductor topographies is 100 KM. Additional procedural fees and costs may be payable for registration, publication, recordal of changes, appeals, extracts or certificates. After registration, no annual maintenance fee is payable and no separate administrative fee for maintaining the right is prescribed, as the right expires by operation of law at the end of its statutory term.

Geographical indications and appellations of origin – the administrative fee for filing an application for registration is 100 KM. Additional official fees and costs may be payable for publication, opposition or appeal proceedings, registration, issuance of certificates, recordal of changes and recognition or renewal of authorised-user status. No special fee is payable for maintaining the registered appellation of origin or geographical indication itself, because the registration is not limited in time. Fees are payable in relation to the acquisition and renewal of authorised-user status where applicable.

Patents and utility models – If the holder of a patent, consensual patent or utility model fails to pay the prescribed annual maintenance fee within the regular period, the fee may generally be paid within an additional six-month period with the prescribed surcharge. If the fee is not paid within the additional period, the right ceases to be valid on the day following expiry of that period. Where the missed deadline resulted in the loss of rights despite the applicant or holder having exercised due care, restoration of rights or continuation of the procedure may be available, subject to the statutory conditions and payment of the prescribed fees.

Trademarks –If the holder fails to renew the trademark within the regular renewal period, renewal may generally still be requested during the additional period prescribed by law, subject to payment of the applicable surcharge. If the renewal fee is not paid within the available period, the trademark expires at the end of the protection period and the holder loses the exclusive right to the sign. Protection may then be obtained only by filing a new application, provided that no third party has meanwhile acquired an earlier conflicting right.

Industrial design – If the prescribed fees are not paid during the application procedure, the application may be deemed withdrawn and the Institute may terminate the procedure. After registration, there are no annual maintenance fees; instead, protection must be renewed for successive five-year periods. If the renewal fee is not paid within the prescribed period, renewal may be possible during any additional period allowed by law, subject to payment of the applicable surcharge. If the fee is not paid within the available period, the industrial design expires at the end of the period for which protection was paid.

Semiconductor topographies – The law does not provide for renewal or annual maintenance of a protected semiconductor topography. Protection lasts for the statutory term and then expires by operation of law. Accordingly, there are no consequences for failure to pay renewal or maintenance fees, and no remedy for non-payment of such fees is required. However, if prescribed fees or procedural costs are not paid during the application or recordal procedure, the application or request may be rejected or the procedure may be terminated if the applicant does not remedy the deficiency within the period set by the Institute.

Geographical indications – The registration of an appellation of origin or geographical indication itself is not limited in time and is not subject to renewal fees. However, authorised-user status is granted for a limited period and may be renewed if the authorised user continues to meet the statutory requirements and pays the prescribed fees and procedural costs. If the renewal requirements are not fulfilled, the authorised-user status is not renewed, and the person may no longer use the registered appellation of origin or geographical indication as an authorised user. The possibility of remedying non-payment depends on the applicable procedural rules and any additional period or corrective step available in the relevant procedure.

Plant varieties – Fees and procedural costs may be payable in relation to fees connected with the grant and maintenance of a plant breeder’s right throughout its period of validity. If prescribed procedural costs are not paid during the acquisition procedure, the application may be rejected. The consequences of non-payment of maintenance fees, and any possibility of subsequent payment or restoration, should be assessed under the applicable plant-variety legislation and tariff rules in force at the relevant time.

Patents and utility models – Rights arising from a patent application, patent or utility model may be assigned, in whole or in part, to a natural or legal person by written agreement. Where the right is jointly owned, the consent of all co-holders is required, unless otherwise agreed or provided by law. Patent and utility-model rights may also pass by inheritance, status change, enforcement or insolvency proceedings, in accordance with the applicable legislation. To have effect against third parties, the assignment should be entered in the relevant register maintained by the Institute for Intellectual Property of Bosnia and Herzegovina.

Supplementary protection certificates – A supplementary protection certificate may be assigned by agreement, either together with the basic patent or separately to the extent permitted by the applicable rules. Where there are multiple holders, the consent of all holders is required, unless otherwise agreed or provided by law. An SPC may also pass by inheritance, status change, enforcement or insolvency proceedings. The assignment should be recorded in the relevant register in order to have effect against third parties.

Trade secrets – A trade secret may be transferred by contract, provided that the transferee obtains lawful control over the confidential information and assumes appropriate confidentiality obligations. Because protection depends on the information remaining secret, having commercial value because it is secret and being subject to reasonable confidentiality measures, any assignment should expressly regulate the information transferred, permitted use, confidentiality measures, disclosure limits and liability for unauthorised acquisition, use or disclosure. In the absence of specific statutory assignment rules, the transfer is governed by the general law of obligations and the relevant contractual arrangements.

Trademarks – Trademark rights and rights arising from a trademark application may be assigned by written assignment agreement, in whole or in part, for all or only some of the goods or services covered by the registration or application. Assignment may also occur through a change in legal status of the holder, inheritance, court decision, administrative decision, enforcement or insolvency proceedings. The agreement should identify the parties, the trademark or application, the relevant goods or services and any consideration. A trademark may be assigned independently of the transfer of the business or legal entity in whose name it is registered; however, where ownership of the business or legal entity is transferred, the trademark may be presumed to transfer unless otherwise agreed or unless the circumstances indicate otherwise. The assignment should be entered in the Trademark Register to have effect against third parties.

Collective trademarks and guarantee or certification trademarks are subject to special rules and may not be assigned separately from the association or entity entitled to them, except where permitted by the applicable legislation.

Copyright – Copyright is independent of ownership of the physical object in which the work is embodied. The author may transfer or license individual economic rights, in whole or in part, by legal transaction within the limits prescribed by the Law on Copyright and Related Rights. Moral rights are personal and inalienable, and copyright as a whole cannot be assigned by an inter vivos legal transaction. Copyright may pass mortis causa by inheritance, except for rights that are by their nature non-transferable. Any transfer of economic rights should clearly identify the rights transferred, the scope, territory, duration, remuneration and permitted uses.

Industrial design – Rights arising from an industrial-design application or a registered industrial design may be assigned by written agreement, in whole or in part. Assignment may also occur through a change in legal status of the holder or applicant, inheritance, court decision, administrative decision, enforcement or insolvency proceedings. The agreement should identify the parties, the application or registration number, the design concerned and any consideration. The assignment should be recorded in the relevant register maintained by the Institute to have effect against third parties.

Geographical indications – A registered appellation of origin or geographical indication, and the status of an authorised user, may not be assigned, licensed, pledged, franchised or otherwise transferred by legal transaction. The right to use the protected indication may be acquired only through the prescribed procedure for recognition of authorised-user status and only by persons who satisfy the statutory requirements, including the link with the relevant geographical area and product specification.

This restriction prevents persons that do not satisfy the statutory conditions from acquiring the right to use a protected indication through a private transaction with an authorised user. Accordingly, the relevant status must be obtained directly under the statutory registration procedure before the competent authority.

Semiconductor topographies – Rights in a protected semiconductor topography may be assigned, in whole or in part, by written agreement or may pass by inheritance, status change, enforcement or insolvency proceedings, in accordance with the applicable legislation. The agreement should identify the parties, the protected topography or application, the scope of the rights transferred and any consideration. Registration of the assignment in the register maintained by the Institute is required for the assignment to have effect against third parties.

Patents, utility models, supplementary protection certificates, trademarks, industrial designs and semiconductor topographies – Assignments of these rights, and of rights arising from the corresponding applications, should be recorded in the relevant register maintained by the Institute for Intellectual Property of Bosnia and Herzegovina. Registration is not usually a condition for validity of the assignment between the parties, but it is required for the assignment to have effect against third parties. Until the assignment is entered in the relevant register, the assignee may face difficulties relying on the transfer against third parties, exercising registered-owner rights before the Institute, or enforcing the right in its own name. In the case of industrial designs, the Institute issues a separate decision on the registration of the assignment.

Copyright and related rights – Registration of an assignment is not required. Copyright and related rights arise without registration formalities, and the transfer or licence of economic rights takes effect in accordance with the agreement or other legal basis under which it is made. Although no registration is required, the scope of the transferred rights should be clearly documented in writing, particularly as regards the rights transferred, permitted uses, territory, duration and remuneration.

Geographical indications – Registration of an assignment is not applicable because a registered appellation of origin or geographical indication, and the status of an authorised user, may not be assigned, licensed, pledged, franchised or otherwise transferred by legal transaction. The right to use the protected indication must instead be acquired through the prescribed procedure for recognition of authorised-user status.

Patents, utility models and supplementary protection certificates – Rights arising from a patent application, a granted patent, a utility model or a supplementary protection certificate may be licensed to a third party by written licence agreement. Where there are multiple right holders, the consent of all co-holders is required, unless otherwise agreed or provided by law. The licence agreement should identify the parties, the licensed right or application, the scope of permitted use, territory, duration, consideration and whether the licence is exclusive, sole or non-exclusive. Unless otherwise agreed, a licence should not be presumed to permit sub-licensing or transfer of the licensed rights to third parties.

Trademarks – The proprietor of a trademark, or the applicant for a trademark application, may license a third party to use the trademark or the rights arising from the application for all or only some of the goods or services covered by the registration or application. The licence agreement must be concluded in writing and should identify the parties, the trademark or application, the goods or services covered, the territory, duration, consideration, scope of permitted use and whether the licence is exclusive or non-exclusive. The agreement should also regulate quality-control obligations and limitations on the manner of use of the mark, as misuse by the licensee may affect the trademark holder’s rights.

Collective trademarks and guarantee or certification trademarks are subject to special statutory rules and may not be licensed in the same manner as ordinary individual trademarks, except where permitted under the applicable legislation and the rules governing use of the mark.

Industrial design – Rights arising from an industrial-design application or a registered industrial design may be licensed to a third party by written licence agreement. The agreement should identify the parties, the application or registration number, the design concerned, the products for which use is authorised, the scope of the licence, territory, duration, consideration and whether the licence is exclusive or non-exclusive. A sub-licence may be granted only where permitted by the licence agreement or applicable law.

Geographical indications – A registered appellation of origin or geographical indication, and the status of an authorised user, may not be licensed, assigned, pledged, franchised or otherwise transferred by legal transaction. The right to use the protected indication may be acquired only through the prescribed procedure for recognition of authorised-user status and only by persons that satisfy the statutory requirements, including the relevant geographical and product-specification requirements.

Semiconductor topographies – Individual or all rights in a protected semiconductor topography may be licensed to a third party, with or without limitations, by written licence agreement. The agreement should identify the parties, the protected topography or application, the rights licensed, the scope and duration of the licence, any territorial limitations and the agreed consideration. Such agreements are valid only if concluded in writing.

Patents, utility models and supplementary protection certificates – A licence agreement concerning a patent application, granted patent, utility model or supplementary protection certificate should be entered in the relevant register maintained by the Institute for Intellectual Property of Bosnia and Herzegovina. Registration is made upon the request of either contracting party or another person with a legal interest. The licence is generally effective between the parties in accordance with the licence agreement, but it takes effect against third parties only from the date of entry in the relevant register. Failure to register therefore does not usually invalidate the licence between the parties, but it prevents the licensee from relying on the licence against third parties and may limit the licensee’s ability to exercise rights before the Institute or in enforcement proceedings.

Trademarks – A trademark licence, including a licence relating to rights arising from a trademark application, should be entered in the Trademark Register upon the request of the trademark holder, applicant, licensee or another person with a legal interest. The licence takes effect against third parties from the date of registration. Failure to register does not usually affect the contractual validity of the licence between the parties, but it means that the licence does not produce legal effects against third parties and may restrict the licensee’s ability to rely on the licence in dealings with the Institute or in infringement proceedings.

Industrial design – A licence agreement relating to an industrial-design application or a registered industrial design should be entered in the relevant register maintained by the Institute. Registration is made at the request of the holder, applicant, licensee or another person with a legal interest. The licence takes effect against third parties from the date of registration. Failure to register does not generally invalidate the licence between the parties, but it prevents the licence from producing legal effects against third parties and may affect the licensee’s ability to assert registered-right-holder or licensee rights before the Institute or the courts.

Semiconductor topographies – A licence agreement relating to a protected semiconductor topography should be entered in the relevant register maintained by the Institute. Registration is made at the request of an interested party in accordance with the applicable procedure. The licence takes effect against third parties from the date of entry in the register. Failure to register does not generally affect the contractual relationship between the parties, but the licence cannot be relied on against third parties until it is registered.

Patents, utility models and supplementary protection certificates – Exclusive and non-exclusive licensees should be distinguished both in relation to the scope of use and in relation to enforcement. An exclusive licence gives the licensee the exclusive right to use the protected subject matter within the agreed scope, and may exclude even the right holder from using the right within that scope if so agreed. A non-exclusive licence permits the licensee to use the right within the agreed scope, while the right holder remains free to use the right and grant licences to others. Unless otherwise provided by law or by the licence agreement, the right holder remains the primary person entitled to enforce the right. An exclusive licensee may be authorised by the licence agreement, and where applicable by registered status, to take enforcement action or to participate in infringement proceedings within the scope of the licence. A non-exclusive licensee generally requires the right holder’s consent or express contractual authorisation to bring or participate in enforcement proceedings.

Trademarks – Exclusive and non-exclusive licensees have different enforcement rights. An exclusive licensee may, within the scope of the rights granted under the licence agreement or by operation of law, initiate infringement proceedings together with, or in addition to, the trademark holder or another person authorised by the trademark holder. A non-exclusive licensee may initiate infringement proceedings only with the consent of the trademark holder, unless the licence agreement or applicable law provides otherwise. An exclusive licensee may also intervene in infringement proceedings brought by the trademark holder in order to claim compensation for damage suffered as a result of the infringement.

Industrial design – Exclusive and non-exclusive licensees should also be distinguished in relation to industrial designs. An exclusive licensee may, within the scope of the rights acquired under a licence agreement or other legal transaction, initiate proceedings for infringement of rights arising from a registered industrial design, unless the agreement or applicable law provides otherwise. A non-exclusive licensee generally does not have independent standing to initiate infringement proceedings and will usually require the consent or participation of the holder of the industrial design.

Semiconductor topographies – The applicable legislation does not expressly set out a detailed distinction between the enforcement rights of exclusive and non-exclusive licensees of protected semiconductor topographies. The scope of the licensee’s rights, including any authority to enforce the protected right or participate in enforcement proceedings, should therefore be expressly regulated in the written licence agreement. Because a licence takes effect against third parties only upon registration in the relevant register, recordal of the licence is important where the licensee is expected to rely on the licence in dealings with third parties or in enforcement proceedings.

Criminal sanctions are available with regard to copyright and related rights. Criminal Code of Bosnia and Herzegovina classifies  the unauthorised use and abuse of copyright and related rights as a criminal offense and provides for fines or imprisonment, depending on the circumstances of the particular case.

The entity-based criminal codes do not provide for criminal offences relating to the infringement of copyright and related rights or other intellectual property rights. More severe penalties may apply to aggravated offences, including where substantial financial gain has been obtained or significant damage has been caused.

Criminal proceedings are initiated by reporting the alleged offence to the competent police authority or prosecutor’s office, following which the competent public prosecutor decides whether to investigate and prosecute the matter.

Patents, utility models, supplementary protection certificates, trademarks, industrial designs, geographical indications and semiconductor topographies – Holders of registered intellectual property rights, and in some cases authorised users or licensees with appropriate standing, may enforce their rights through civil court proceedings, administrative procedures and other statutory mechanisms. In civil proceedings before the competent court, the claimant may seek remedies such as cessation and prohibition of infringement, removal of infringing goods from the channels of commerce, destruction or modification of infringing goods or means predominantly used for infringement, disclosure of information, publication of the judgment, compensation for damage, recovery of unjust enrichment and other remedies available under the applicable IP and civil-procedure rule.

Final administrative decisions of the Institute may generally be challenged through the available appeal mechanisms and, where applicable, by initiating an administrative dispute before the Court of Bosnia and Herzegovina. In addition, border enforcement measures may be available through the competent customs authorities for goods suspected of infringing certain IP rights. Parties may also use alternative dispute resolution mechanisms, including mediation or arbitration, where the dispute is suitable for consensual resolution and the parties agree to that route.

Copyright and related rights – Copyright and related rights are enforced primarily through civil proceedings before the competent court. Right holders may seek cessation of infringement, prohibition of further infringement, seizure, removal from the channels of trade or destruction of infringing copies and means used for infringement, compensation for damage, recovery of unjust enrichment, publication of the judgment and other remedies available under copyright and civil-procedure rules. Administrative or collective-management mechanisms may also be relevant for certain categories of rights and uses, while criminal enforcement may be available for conduct that meets the statutory elements of a criminal offence.

As previously noted in the response to question 16, infringements of copyright and related rights, in addition to civil protection, may also be subject to criminal protection. The Criminal Code of Bosnia and Herzegovina provides for criminal offences relating to the abuse of copyright and unauthorised use of copyright, for which fines or imprisonment may be imposed, depending on the circumstances of the particular case. More severe penalties apply to aggravated forms of infringement where substantial financial gain has been obtained or significant damage has been caused. Criminal proceedings are initiated by reporting the criminal offence to the competent authorities, following which the competent public prosecutor’s office decides on further action.

The duration and costs of proceedings for the protection and enforcement of patent, trademark, industrial design, geographical indication and semiconductor topography rights depend on the type of proceedings, the complexity of the matter and the circumstances of each individual case.

In the case of court proceedings concerning infringement of patent, trademark, industrial design or geographical indication rights, the duration and costs depend on the complexity of the dispute, the scope of evidence submitted, the number of procedural actions required and other circumstances of the particular case. Costs may include court fees, legal representation costs and other expenses related to the conduct of the proceedings.

Copyright and related rights – The duration and costs of proceedings for the protection of copyright and related rights depend on the type of proceedings, the complexity of the matter and the circumstances of each individual case. In civil proceedings concerning infringement of copyright and related rights, the duration depends, in particular, on the scope of the dispute, the number of procedural actions, the need for taking evidence and other circumstances of the particular case. Procedural costs may include court fees, legal representation costs, expert examination costs and other expenses incurred during the proceedings.

In the event of criminal proceedings for copyright infringement, the duration and costs depend on the course of the criminal procedure before the competent authorities and the complexity of the particular case. Criminal proceedings are initiated by reporting the criminal offence to the competent authorities, following which the competent public prosecutor’s office decides on further action.

Proceedings for infringement of intellectual property rights are initiated by filing a lawsuit before the competent court of first instance. In the Federation of Bosnia and Herzegovina, disputes concerning copyright, related rights and industrial property rights (including patents, trademarks, industrial designs and geographical indications) fall within the jurisdiction of municipal courts with commercial departments at first instance. In the Republika Srpska, the same types of disputes are heard at first instance by district commercial courts.

The proceedings are conducted in accordance with the rules of civil procedure and commence upon the filing of a lawsuit. Once proceedings have been initiated, the court conducts the case through the exchange of submissions, a preparatory hearing, the main hearing and the taking of evidence, including expert examination where required due to the nature of the dispute. Upon completion of the proceedings, the court renders a decision on the merits of the claim and on the appropriate remedies provided for under the laws governing the respective intellectual property rights.

The duration of proceedings, including the time until the hearing, issuance of a judgment and determination of available legal remedies, depends on the complexity of the particular case, the number of procedural steps, the scope of the evidentiary proceedings and other circumstances of the matter. First-instance decisions may be challenged by an appeal before the competent second-instance court. In the Federation of Bosnia and Herzegovina, appeals are decided by cantonal courts, while in the Republika Srpska, the Higher Commercial Court is competent to decide on appeals against decisions of district commercial courts.

In addition to civil law protection, certain infringements of copyright and related rights are subject to criminal law protection. The Criminal Code of Bosnia and Herzegovina provides for criminal offences relating to copyright abuse and unauthorised use of copyright, for which monetary fines or imprisonment may be imposed, depending on the circumstances of the particular case. The Court of Bosnia and Herzegovina has jurisdiction over criminal proceedings falling within the competence of Bosnia and Herzegovina. Criminal proceedings are initiated by reporting the criminal offence to the competent authorities, following which the competent prosecutor’s office decides on further action.

Patents, utility models, supplementary protection certificates, trademarks, industrial designs, geographical indications, semiconductor topographies and copyright and related rights – Customs protection is available against the import, export and transit of goods where there are reasonable grounds to suspect that such goods infringe the relevant intellectual property right. The right holder may apply to the competent customs authority for the temporary suspension of the release of the goods into circulation. The application should generally include information identifying the right holder, a description of the goods sufficient for their identification, evidence of the existence of the right and the likelihood of infringement, as well as other relevant information concerning the goods and their movement.

Once the application has been approved, the customs authority notifies the competent customs offices and the right holder, and the goods may be temporarily detained. During the detention period, the right holder or an authorised person may inspect the goods and the accompanying documentation for the purpose of determining the infringement and pursuing judicial protection. Where an infringement is established, the customs authority may, at the request and expense of the right holder, seize and destroy the goods or take other measures in accordance with the applicable legislation. The customs authority may also act ex officio where, during customs procedures, it identifies reasonable grounds to suspect an infringement. Customs proceedings concerning goods infringing intellectual property rights are treated as urgent proceedings, and the relevant customs legislation applies.

Certain specific rules apply to geographical indications and copyright and related rights. In copyright and related rights cases, where the owner of the goods disputes the alleged infringement, the right holder must initiate court proceedings, and the goods may remain detained until a final court decision is rendered. In relation to geographical indications, the applicable legislation expressly provides that the customs authority may require the right holder to provide security for storage, transportation and potential damages and further excludes the application of customs measures to small quantities of goods intended for private and non-commercial use.

There are no mandatory non-court enforcement options or dispute resolution mechanisms in Bosnia and Herzegovina that must be exhausted before initiating court proceedings in intellectual property disputes, including disputes relating to patents, trademarks, industrial designs, semiconductor topographies, geographical indications, copyright and related rights. The right holder may directly initiate proceedings before the competent court in order to seek protection of their rights in the event of infringement.

Proceedings before the Institute for Intellectual Property of Bosnia and Herzegovina are administrative proceedings concerning, in particular, the acquisition, maintenance, recordal and termination of industrial property rights, such as patents, trademarks, industrial designs, semiconductor topographies and geographical indications. However, these proceedings do not constitute mandatory dispute resolution mechanisms between the right holder and third parties and are not a prerequisite for initiating infringement proceedings before the competent courts. Decisions of the Institute are subject to legal remedies provided by the applicable legislation, including the possibility of initiating administrative proceedings before the competent court, but such proceedings do not represent a substitute for judicial enforcement of intellectual property rights.

Parties may voluntarily agree to use alternative dispute resolution mechanisms, including mediation or arbitration, in order to resolve intellectual property disputes. However, such mechanisms are available only on the basis of the parties’ consent and are not prescribed by law as mandatory prior steps before filing a claim before the court.

Copyright and related rights – Copyright and related rights are enforced primarily through court proceedings before the competent court. Right holders may seek determination of infringement, prohibition of further infringement, removal of the consequences of infringement, compensation for damage, interim measures, preservation of evidence and other remedies available under the applicable copyright and civil-procedure rules. No non-court enforcement procedure is required as a prerequisite before initiating court proceedings.

Accordingly, in relation to patents, trademarks, industrial designs, semiconductor topographies, geographical indications, copyright and related rights in Bosnia and Herzegovina, no mandatory non-court enforcement option or dispute resolution mechanism applies. Alternative dispute resolution may be used on a voluntary basis, while enforcement of intellectual property rights is primarily pursued through the competent courts.

Intellectual property disputes in Bosnia and Herzegovina, including disputes relating to patents, trademarks, industrial designs, semiconductor topographies, geographical indications, copyright and related rights, may be resolved through proceedings before the competent courts, administrative procedures before the competent authorities and, where agreed by the parties, alternative dispute resolution mechanisms.

In the event of infringement of intellectual property rights, right holders may seek protection through civil court proceedings before the competent courts. In such proceedings, the right holder may seek remedies available under the applicable intellectual property legislation, including cessation and prohibition of infringement, removal of the consequences of infringement, compensation for damage, recovery of unjust enrichment and other appropriate measures, depending on the type of intellectual property right concerned.

Proceedings before the Institute for Intellectual Property of Bosnia and Herzegovina may be relevant in relation to the acquisition, maintenance, recordal and termination of industrial property rights, including patents, trademarks, industrial designs, semiconductor topographies and geographical indications. Such administrative proceedings do not replace judicial enforcement of intellectual property rights in cases of infringement.

The parties may also voluntarily agree to use alternative dispute resolution mechanisms, including mediation or arbitration, for the purpose of resolving intellectual property disputes. Such mechanisms are not mandatory and may be used where the parties consider them appropriate, particularly in disputes arising from contractual relationships, such as licence agreements, assignments of rights or other forms of exploitation of intellectual property rights.

Accordingly, intellectual property disputes in Bosnia and Herzegovina may be resolved through judicial proceedings, relevant administrative procedures and voluntary alternative dispute resolution mechanisms, depending on the nature of the dispute and the circumstances of the particular case.

Patent, utility model and supplementary protection certificate infringement – Infringement requires proof that, without consent, the defendant made, used, marketed, imported, stocked or otherwise exploited a product or process covered by a patent, utility model or SPC. Evidence includes patent registrations, specifications and claims, product samples, technical analyses, import records, invoices, websites and expert opinions.

Trademark infringement – The claimant must show unauthorised commercial use of an identical or confusingly similar sign, or use that exploits or harms a reputed mark. Evidence includes registration extracts, examples of the sign’s use, invoices, seized goods, reputation evidence and proof of confusion or dilution.

Industrial design infringement – Infringement is established where the accused product creates the same overall impression on the informed user as the registered design. Evidence includes design registrations, drawings, photographs, samples and expert evidence.

Copyright and related right infringement – Claimants must prove authorship, originality, protected subject matter, copying or another restricted act, and absence of a licence or exception. Evidence includes drafts, metadata, contracts, publication history and expert analyses.

Geographical indication, trade secret, semiconductor topography and plant variety infringement – Claimants must prove unauthorised use of protected indications, confidential information, registered chip layouts or protected plant varieties. Relevant evidence includes registrations, specifications, contracts, technical records, product samples, inspections, forensic analyses and expert reports.

a. Is there a technical judge, a judge with technical experience, a court appointed expert, an expert agreed by the parties, and/or parties’ expert witness evidence?

There are generally no specialist technical judges for IP disputes. Technical issues are addressed through court-appointed experts. Where determination of relevant facts requires expertise beyond the court’s knowledge, the court may order expert evidence, usually upon a party’s proposal. The parties may suggest the subject matter, scope, and expert, while the opposing party may comment; if no agreement is reached, the court decides. Experts are normally selected from certified court experts, although complex matters may be entrusted to specialised institutions such as laboratories or universities.

Parties may submit privately commissioned technical reports as documentary evidence or to support a request for expert evidence. However, the primary expert assessment in civil proceedings is the court-appointed expert report. Experts generally submit written findings before the hearing and may be required to explain, supplement, or correct their opinions.

b. What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?

Bosnia and Herzegovina does not provide broad common-law style discovery. Each party must produce the evidence on which it relies. Courts may order the production of specific documents held by a party, public authority, legal entity exercising public powers, or a third party. Refusal by a party may lead the court to draw adverse inferences, while orders against third parties may be enforced through enforcement proceedings.

Available mechanisms include document-production orders, witness summons, on-site inspections, expert testing, interim measures, and evidence-preservation measures. Confidential information may be protected by excluding the public from proceedings and, under the Trademark Law, by allowing confidential designation of documents and restricted access. In counterfeit and piracy cases, border enforcement by customs and coordination with inspectorates, police, and prosecutors also plays an important role.

Evidence is tested through adversarial hearings, judicial evaluation, party submissions, witness and expert examination, and the court’s authority to exclude irrelevant, repetitive, leading or abusive questions. Under the Civil Procedure Code, parties examine witnesses and experts: the proposing party questions first, followed by the opposing party, while the judge may intervene at any stage. Cross-examination is therefore available, although it is more judge-controlled than in common-law systems. It is frequently used in disputed cases involving infringement, technical equivalence, damages or document authenticity. Expert reports are generally filed in writing and provided to the parties at least eight days before the main hearing.

The principal defences are:

• Non-infringement- the accused act does not fall within the right’s scope, no use in trade, no copying, no likelihood of confusion, no equivalent feature, or different overall impression.
• Invalidity or revocation – the asserted right should never have been granted or has ceased to have effect, subject to the forum rules below.
• Exhaustion – goods were put on the market by the right holder or with consent, to the extent recognised by the applicable law.
• Consent/licence – express or implied licence, coexistence agreement, assignment issue, exhaustion through authorised distribution.
• Statutory limitations – private/non-commercial use, research/experimental use, prior use, repair/spare-parts limitations where applicable, nominative/descriptive trademark use, copyright exceptions and limitations, quotation, teaching, parody or other statutory exceptions.
• Lack of standing – claimant is not owner, exclusive licensee or otherwise entitled to sue.
• Limitation period/laches-like objections – claims may be time-barred under the relevant IP law or obligations rules.
• Trade secrets-specific defences – independent discovery, reverse engineering from lawfully obtained product, lawful acquisition, whistleblowing/public-interest disclosure, or employee mobility/public domain.
• Damages-specific defences – no fault where required, no causation, no loss, no infringer’s profit, claimant failed to mitigate.

These defences reflect the combination of Bosnia and Herzegovina’s special IP law, civil-law procedure and the ordinary burden on parties to prove the facts on which they rely.

Registered rights such as patents, utility models, supplementary protection certificates, trademarks, industrial designs, geographical indications, semiconductor topographies and plant varieties – May generally be challenged by interested persons, affected parties, prior right holders or, for public-interest grounds, any person. Oppositions are usually limited to holders of earlier rights or those with legal interest, while nullity and revocation actions may have broader standing. In Bosnia and Herzegovina, industrial property rights are centrally administered by the Institute for Intellectual Property.

Copyright- Challenges arise in infringement litigation by disputing authorship, ownership, originality, protected subject matter, term, copying or subsistence.

Trade secrets- The defendant challenges subsistence by showing the information was not secret, lacked commercial value, was not reasonably protected or was lawfully acquired.

Challenges may arise at several stages:

• During registration, rights may be contested through observations, examination objections, or opposition proceedings. For trademarks, this includes examination, publication, and a post-publication opposition period, with the 2026 reform expanding grounds for refusal and introducing a unified electronic register.
• After registration, rights may be challenged through administrative invalidity, revocation, or cancellation proceedings, court actions, or as defences in infringement cases.
• During the life of the right, revocation may occur for reasons such as non-use, invalid grant, or non-compliance.
• After expiry, invalidity can remain relevant where claims for past damages or injunctions are pursued.

Forum- The Institute for Intellectual Property of Bosnia and Herzegovina handles registrations, while civil courts decide infringement, damages, and injunction claims. Administrative decisions are challenged through judicial review.

Patents, utility models and supplementary protection certificates- Invalidity may arise from lack of novelty, inventive step, industrial applicability, excluded subject matter, insufficiency, added matter, entitlement defects, or SPC requirements.

Trademarks- Challenges include absolute and relative grounds, bad faith, non-use, genericide, and misleading use.

Industrial designs- Invalidity may result from lack of novelty, technical functionality, prior rights conflicts, or entitlement defects.

Copyright: Defences include lack of originality, ownership, copying, or applicable exceptions.

Trade secrets, semiconductor topographies, geographical indications, and plant varieties- Claims may fail due to non-compliance with statutory protection requirements.

Other mechanisms include:

• Declaratory actions for non-infringement or for establishing the existence/non-existence of a legal relationship, where procedural standing requirements are met.
• Compulsory licences, especially under patent law, including the 2026 reforms for pharmaceutical exports to countries with insufficient manufacturing capacity and other public-interest grounds.
• Licences of right / contractual licences, where applicable or voluntarily recorded.
• Revocation for non-use, especially for trademarks.
• Limitation/amendment of patent claims or surrender of rights.
• Exhaustion and permitted-use doctrines, which limit enforcement without removing registration.
• Administrative correction or cancellation of register entries.
• Competition-law or unfair-competition constraints in abuse situations.

Interim remedies generally include preliminary injunctions to stop suspected infringement, seizure or removal of allegedly infringing goods, preservation of evidence, orders to identify distribution channels, asset-freezing/security measures where monetary recovery is at risk, and urgent border/customs actions in counterfeit or piracy cases. Civil procedure also recognises measures of security and on-site inspection, while IP laws typically provide special measures for evidence preservation and provisional relief.

Final remedies generally include:

• declaration of infringement;
• permanent injunction;
• prohibition of continued infringing acts;
• recall, removal from channels of commerce, destruction or alteration of infringing goods and tools/materials predominantly used for infringement;
• damages, lost profits or account of infringer’s profits;
• reasonable royalty or lump-sum compensation where statutory conditions are met;
• publication of judgment;
• delivery of information on origin and distribution networks;
• costs and interest;
• in some cases, criminal or misdemeanour liability and customs measures.

These remedies apply across registered IP rights with variations; copyright and related rights additionally include moral-rights remedies, while trade-secrets remedies include confidentiality-preserving procedural measures and restrictions on use/disclosure of the secret. Bosnia and Herzegovina’s enforcement framework involves civil courts and, in practice, customs, inspectorates and law-enforcement institutions.

Costs consist mainly of court fees, attorney fees under the applicable bar tariff, court-expert fees, translation/notarisation costs, evidence-preservation costs, travel and hearing costs, and enforcement costs. IP cases involving patents, software, designs, trade secrets or damages accounting can become expensive primarily because of court experts, laboratory testing, document translation and multiple hearings. The Litigation Procedure Law expressly provides that experts are entitled to reimbursement of travel, food, accommodation, expert-evaluation costs and reasonable remuneration.

Successful parties can generally recover necessary and justified litigation costs, but recovery is usually tariff-based and may not equal actual legal spend. The court decides costs in the judgment or separate cost decision, applying the ordinary litigation-procedure rules and assessing necessity, success and proportionality.

Security mechanisms are available in the form of interim/security measures, deposits for evidence and expert costs, and potential security connected with provisional measures. A party proposing expert evidence will normally need to advance expert costs, and the final allocation follows the outcome of the case. Broad common-law-style “security for costs” is not a routine feature in the same way as in common-law jurisdictions, but Bosnia and Herzegovina’s courts can require advances for procedural expenses and impose security-related conditions for interim relief.