PROTECTION OF TRADEMARK RIGHTS
PROTECTION OF TRADEMARK RIGHTS

Summary/Abstract: The administrative legal protection of trademarks is reflected in the imposition of administrative legal-administrative measures against persons who have violated trademark rights, but also in the supervision of the implementation of regulations directly related to trademark rights. Customs plays an important role in the implementation of intellectual property rights protection measures. The legal regulations of the member states of the European Union and the "TRIPS" agreement regulate in detail the implementation of customs supervision in order to prevent infringement of trademark rights. In order to ensure the efficiency of the work of the customs services in order to prevent and fight against piracy and counterfeiting across state borders, it is necessary to have an effective system of protection, its implementation in practice and the existence of a database of registered trademarks available to customs officials. A special form of administrative supervision is achieved through inspection supervision. Through inspection supervision, control over the implementation of laws, by-laws and other regulations that are directly or indirectly related to trademark infringement is achieved, all with the aim of preserving constitutionality and legality. The Trademark Law also contains provisions that regulate the issue of misdemeanor trademark protection, as one of the types of criminal sanctions in the event of a violation of trademark rights. Although the issue of the criminal law protection of trademark rights in the legislation of Bosnia and Herzegovina is characterized as a new area, and the number of court decisions is relatively small to be able to talk about relevant judicial practice, Bosnia and Herzegovina in a normative sense does not lag behind the countries in the environment whose experience in the field of protection rights lasts longer and whose number of court decisions in this area is greater.

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