PROTECTION OF TRADEMARK RIGHTS

Abstract

Administrative trademark protection is reflected in imposing
administrative measures against those persons who have violated a trademark
right, but also in the supervision over the implementation of regulations directly
referring to the trademark propriety. Customs play essential role in implementing
trademark protection measures. Legal regulations of the European Union
member states and TRIPS agreement regulate in detail the implementation of
customs control with the aim to prevent infringement of a trademark. In order to
ensure efficient work of customs offices against piracy and counterfeiting across
national borders, it is necessary to ensure an efficient protection system, its
implementation and a data base on registered trademarks available to customs
officers. A special form of administrative control is carried out by means of
inspection control. Inspection control ensures the control of enforcement of
laws, bylaws and other regulations that are directly or indirectly related to
trademark, with the aim to protect constitutionality and legality. Trademark
Act contains provisions that regulate the issue of misdemeanour trademark
protection as one of the forms of penalty sanctions in case of an infringement
of a trademark is established. Although the issue of misdemeanour trademark
protection in legislation of Bosnia and Herzegovina is characterized as a new
area, and the number of court decisions is relatively small to go in favour of
a relevant jurisprudence, in normative terms, Bosnia and Herzegovina is not
lagging behind the neighbouring countries whose experience in the field of
trademark protection has lasted longer and the number of their court decisions
related to this field is higher.