BiH Experience in Preparation of the Intellectual Property Bench Book

Transcription

1 International Organization for Judical Training Washington DC, 3 7.November BiH Experience in Preparation of the Intellectual Property Bench Book Ljiljana Lalović, judge Court of Bosnia and Herzegovina

2 Assessing Needs In BiH s judical authorities identified an immediate and critical need for judical capacity building within the scope of judical enforcement of intellectual property lows. The pilot program designed by CLDP, in close coordination with the U.S. Embassy in Sarajevo and with BiH s judicial authorities, is a first response to this need.

3 CLDP pilot program In order to strengthen BiH s intellectual property regime and create, over the next two years, a critical mass of BiH judges and prosecutors were trained in the enforcement of IP laws. CLDP provided technical assistance through a program of judicial capacity building.

4 Objectives of the program The objectives of the program were: To contribute to the enforcement of intellectual property rights in Bosnia and Herzegovina by creating a critical mass of BiH judges and prosecutors trained in the enforcement of IP laws; To hone the skills and develop the expertise of BiH judges and prosecutors to provide fair, efficient and consistent adjudication of intellectual property disputes. To establish a dialogue regarding enforcement of intellectual property p rights between the judiciary, prosecutors, customs officials and state police, To prepare a bench book.

5 Establishing The Working Group CLDP in cooperation with HJPC and CEST FBiH and RS, made the decision to produce: The Banch Book in IP rights Form The Working Group.

6 Assessing needs Memphis, Tennessee essee May Expectations and results Key conclusions : new laws and institutes level of judges s s and prosecutor s s knowledge and skills, structure and table of contents, style, deadlines

7 What we had Six laws introducing new legal terms and contents. Two procedural laws. What judges need? Comprehensive narrative or selective p reference?

8 Structure and table of contents Each member has to deal with particular field Each member has to deal with particular field (e.g. patents or trademark, or copyright..one for criminal offenses, another for minor offenses) Each field is completely defined, presenting a single entity, Fields are marked with letters: A,B,C... At the begining of the book is a table of contents.

9 Contents Contentsshould should provide: the most important, selected laws definitions, clarifications i if needed dd(if legal ldfiii definition is not clear), key issues on which we found important to emphasise, practical guidance on common problems, and extractsof court decisions

10 Style The narrative at etext t should oudconsist st of short, concise c sentences and paragraphs. Avoid considering undisputed legal provisions. Organizing text by using headings and subheadings and bold tham. Jurisprudence must comply and follow legal definitions and key issues. Avoid already discussed procedural issues but make references to related sections in Banch.

11 Deadline Draft the end of November Collect jurisprudence Exchange materials, Make comments, Sent draft to CLDP for consideration.

12 Results in November Various styles. Contents were differently concepted. Jurisprudence inserted differently in the text at the end of the text in some fields, and in the other directly after key issues, One of us prepared samples of complaint forms, provisional measures and court decisions, and add to Appendix of his field. We started immediate restructure on line, and agreed that we need to have joint working session

13 Joint work 2nd 5nd July 2012 We have reviewed each material, one by one, sentence by sentence, comment by comment Discussion and debate Parking place Main principle p BB is not substitute for the law or collection to court cases, it has to be tool for judge on the bench.

14 Presentation

15 Presentation

16 Joint work

17 Meeting with Syl August Preface Table of contents Index New law areas Appendix 1.,2., 3.

18 Appendix Jurisprudence Links Literature

19 Edition BB was published in March this year. 300 copies of print edition for courts and prosecutors offices and for legal practicioners, a few for Bar associations Available on our web sites CEST FBiH and RS

20 Thank you!