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Custom Recordal of IPRs in Bulgaria

Bulgaria

Custom Recordal of IPRs
Yes
No
Yes
The Customs Law forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Bulgaria.
Custom Recordal of IPRs is effective only on the import of goods.
The customs authorities often inform the rights holder about the identity of the importer and seller. The rights holder may decide to monitor these parties, investigate, and prevent other infringements, and if necessary, sue them as well. Upon receiving the application, the customs authorities maintain a close surveillance of such infringing goods.
An application must be submitted to the Bulgarian Customs agency, which can be sought if the TM is registered either in Bulgarian, EUTM or has a corresponding international designation.
The documents to be submitted include the registration details, information concerning the goods, contact details, and declaration in accordance with Article 6 of the basic Regulation for National Applications.
Yes, it is centralized.
Yes
There is no fee for recordal.
The application can be approved for a period of up to 91 year, after which, it will need to be renewed.
Yes
Where the customs find that the gods are infringing in nature, they may be sized until the determination of their true nature.
The rights holder bears the liabilities and expenses related to suspension of the release of infringing goods.
Yes
Yes
Yes
The rights holder only have 10 working days (or 03 working days, when it comes to perishable goods) to make the request for destruction; otherwise, the goods will be released.
No
No
The goods are destroyed at the request of the rights holder if the same is unopposed by the importer of the goods.
If the importer opposes your request, the situation gets more complicated. Court proceedings will need to be initiated to ascertain the infringement. If you succeed in court, the goods will be destroyed.
No
Yes
Other documents may be required by the court (as may be needed).
The possible remedies awarded by the court include the destruction of goods.
No