KRIVIČNOPRAVNA ZAŠTITA PRAVA INDUSTRIJSKOG VLASNIŠTVA U BOSNI I HERCEGOVINI S UGLEDOM NA EVROPSKU UNIJU
CRIMINAL PROTECTION OF INDUSTRIAL OWNERSHIP RIGHTS IN BOSNIA AND HERZEGOVINA WITH ADMISSION TO THE EUROPEAN UNION

Summary/Abstract: Due to the specificity of establishing facts concerning the violation of industrial property rights - trademark rights, patent law, industrial designs and geographical indication, this paper defines the notion and content of industrial property rights as a part of intellectual property rights and refers to the basic segments of industrial property rights protection while drawing the parallel to the European Union. Increasing violations, with major losses incurred by the owners of industrial property rights, have contributed to the increased engagement of the European Union in harmonizing criminal law and infringement protection in the area of industrial property rights. First of all, the attention is drawn to the problem of extent and scope of the definition itself, especially to the one in the Paris Convention for the Protection of Industrial Property of 1883. Among other things, the first task is to define the terminology to be used in this paper so as to avoid misunderstanding or so-called communication noise. In this paper, in addition to analyzing the existing legal measures and instruments, the harmonization of BH legislation with the new tendencies in the European Union is particularly considered. Despite the fact that Bosnia and Herzegovina's legislation in this area is significantly harmonized, the paper underlines the need for "minor changes" that would fully harmonize the criminal law and infringement protection of the industrial property rights of Bosnia and Herzegovina with the new development in the European Union.

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