Transfer of IP rights in Bosnia and Herzegovina

A patent can be transferred as a consequence of a legal transaction. Additionally, a patent can be the subject of a full or partial transfer of rights.

Yes, recording the assignment in the appropriate register is required for it to become effective.

A written application in addition to the contract is necessary in order to record the entry in the patent register.

Original or certified copies are required. 

In general, based on current practice, there are no legalization and notarization requirements. However, it is recommended to check the formalities on a case-by-case basis. A translation into one of the official languages used in Bosnia and Herzegovina or a bilingual version of the documents is mandatory.

A written form is required.

Patent assignment is legally effective in respect of third parties from the date it is recorded in the patent register.

There are no explicit provisions regarding the effects of recording the patent assignment in the patent register, i.e. whether it has declarative or constitutive effect.

All proprietors that hold the patent are required to consent to the assignment of the patent.

For domestic persons in Bosnia and Herzegovina, there is no need to appoint a domestic professional representative.

If the residence or place of business is outside Bosnia and Herzegovina, appointment of a domestic professional representative is mandatory.

Approx. EUR 50 per application.

In general, there are exclusive and non-exclusive licences. For the licence to be effective against third parties, it must be recorded in the relevant register.

In order to record a patent licence, a written application is necessary, which can be based on an agreement.

Originals or certified copies are required. 

In general, based on current practice, there are no legalization and notarization requirements. However, it is recommended to check the formalities on a case-by-case basis. A translation into one of the official languages used in Bosnia and Herzegovina or a bilingual version of the documents is mandatory.

A written form is required.

A patent licence is legally effective in respect of third parties from the date it is recorded in the patent register.

There are no explicit provisions regarding the effects of recording the patent licence in the patent register, i.e. specifically whether it has declarative or constitutive effect.

For domestic persons in Bosnia and Herzegovina, there is no need to appoint a domestic professional representative.

If the residence or place of business is outside Bosnia and Herzegovina, appointing a domestic professional representative is mandatory.

Per application, approx. EUR 80.

Yes, patents can be pledged.

For the pledge to become effective, the pledge document must be submitted, and the pledge must be entered in the patent register.

Pledges on patent rights become effective against third parties upon entry in the patent register.

A trademark can be transferred by contract status change of the trademark holder, or by court or administrative decision. However, collective trademarks and guarantee trademarks cannot be the subject of assignment.

Yes, registration in the national trademark register is required for the assignment to become effective.

If the transfer of rights was based on a contract, the contract needs to be enclosed with the application to change the trademark holder.

If the transfer of rights was effected by a court decision, documentary proof must be furnished and supplemented by the request for assignment form.

Originals or certified copies of supporting documents are required.

In general, based on current practice, there are no legalization and notarization requirements. However, it is recommended to check the formalities on a case-by-case basis A translation into one of the official languages used in Bosnia and Herzegovina or a bilingual version of the documents is mandatory.

A written form is required.

Trademark assignment is legally effective in respect of third parties from the date it is recorded in the trademark register.

There are no explicit provisions regarding the effects of recording the trademark assignment in the trademark register, i.e. specifically whether it has declarative or constitutive effect.

All proprietors must consent to the assignment of the trademark.

A so-called trademark division, where the transfer takes place for a part of the goods or services for which the trademark is registered, is possible. These must not overlap with the goods or services remaining in the original trademark or with those of any previous divisions.

Division must be effected by registration in the trademarks register by submitting an assignment contract and a specified list of assigned goods and/or services, in addition to the application form. 

In Bosnia and Herzegovina, for domestic persons, there is no need to appoint a domestic professional representative. If the residence or place of business is outside Bosnia and Herzegovina, the appointment of a domestic professional representative is mandatory.

Per application, approx. EUR 40.

In general, a trademark can be the subject of exclusive or non-exclusive licences for all or part of the goods or services for which it is registered. However, collective trademarks and guarantee trademarks cannot be the subject of licensing.

A written application supplemented with the relevant trademark licensing agreement is required.

Originals or certified copies are required.

In general, based on current practice, there are no legalization and notarization requirements. However, it is recommended to check formalities on a case-by-case basis. A translation into one of the official languages used in Bosnia and Herzegovina or a bilingual version of the documents is mandatory.

A written form is required.

A trademark licence is legally effective in respect of third parties from the date it is recorded in the trademark register.

There are no explicit provisions regarding the effects of recording the trademark licence in the trademark register, i.e. specifically whether it has declarative or constitutive effect.

The trademark can be licensed for all or part of the goods or services for which it is registered. The precise list of goods or services for which the relevant trademark is licensed is required.

For domestic persons in Bosnia and Herzegovina, there is no need to appoint a domestic professional representative.If the residence or place of business is outside Bosnia and Herzegovina, appointment of a domestic professional representative is mandatory.

Per application, approx. EUR 80. 

Yes, trademarks can be pledged, for all or only certain types of goods or services.

For the pledge to become effective, the pledge document must be submitted, and the pledge must be entered in the trademark register.

Pledges on trademark rights become effective against third parties upon entry in the trademark register.