Customs measures for protection of intellectual property rights in Bosnia and Herzegovina
Although the state has not enacted legislation on customs measures for protection of intellectual property rights the problem is solved by adopting five decisions for protection of these rights. The Council of Ministers of Bosnia and Herzegovina adopted five decisions for protection a holder of a patent right, industrial design right, trademark, designation of origin, geographical indication, copyright or related right.
Application for customs measures
A right-holder may apply in writing to the Indirect Taxations Authority of Bosnia and Herzegovina for action when goods are suspected of infringing an intellectual property right in the situations when the goods: 1) are declared for release for free circulation, export or re-export in accordance with customs rules; 2) they are found during controls on goods being entered in or exited from the customs area Bosnia and Herzegovina, placed under a transit procedure, customs warehousing procedure, inward-processing procedure, processing under customs supervision or temporary import, or placed in a free zone or free warehouse in accordance with customs rules.
The application must contain all the information needed to enable the goods in question to be readily recognized by the customs authorities, and in particular: 1) an accurate and detailed technical description of the goods; 2) any specific information the right-holder may have concerning the type of fraud; 3) the name, surname and address and phone number of the contact person appointed by the right-holder.
Right-holders should also forward any other data they may have in regard to: 1. the customs value of the original goods; 2. the location of the goods or their intended destination; 3. particulars identifying the consignment; 4. the scheduled arrival or departure date of the goods; 5. particulars on the means of transport used; 6. particulars on the identity of the importer, exporter or holder of the goods; 7. the country or countries of production and the routes used for conveying; 8. the technical differences, if known, between the original and goods suspected to infringe an intellectual property right.
With the declaration, the right-holder also agrees to bear all costs incurred for the keeping of the goods under customs supervision.
Actions of the Indirect Taxation Authority
Goods found to infringe an intellectual property right at the end of the procedure cannot be: allowed to enter into the customs area of Bosnia and Herzegovina; released for free circulation; removed from the customs area; exported; re-exported; placed under a suspense procedure or placed in a free zone or free warehouse.
Where the customs authority detained or suspended the release of goods which are suspected of infringing an intellectual property right, the customs authority may start a simplified destruction procedure. This procedure implies destruction of goods before obtaining a court decision.
Otherwise, the right holder must prove in court procedure whether an intellectual property right has been infringed.
The decisions are published in the Official Gazette of BH, no. 41/2012 and will enter into force on 6 June 2012.