Is Custom Recordal of Intellectual Property Rights (IPRs) available in Bulgaria?
Is Custom Recordal of IPRs compulsory in Bulgaria?
Is it an effective measure to stop the infiltration of illegal and counterfeit products in Bulgaria?
Which law forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Bulgaria?
The Customs Law forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Bulgaria.
Is Custom Recordal of IPRs effective on import or export of goods or both?
Custom Recordal of IPRs is effective only on the import of goods.
What is the role of the customs department/authority? (Kindly give 2-3 points)
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.
Is there a procedure to record IP with the customs department/authority? If yes, then kindly explain it in brief.
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.
What documents are to be submitted along with the application for Custom Recordal of IPRs?
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.
Is the applicant required to execute a bond (against all liabilities and to bear the costs towards destruction, demurrage, and detention charges incurred till the time of destruction or disposal) with the customs department/authority for Custom Recordal of IPRs?
What is the time frame for the customs department/authority to notify the applicants whether their application (for custom recordal of IPRs) is registered or rejected?
Does the customs department/authority have a centralized system or the Custom Recordal is required to be done with each port of entry in Bulgaria by land, sea, and air?
Yes, it is centralized.
Is there an online system for Custom Recordal in Bulgaria?
What is the official fee for Custom Recordal in Bulgaria?
There is no fee for recordal.
What is the term of Custom Recordal of IPRs? Can it be further renewed?
The application can be approved for a period of up to 91 year, after which, it will need to be renewed.
Does the customs department/authority have a right to conduct raids and seize the counterfeit goods within Bulgaria?
In which scenario does the customs department/authority suspend the clearance of imported goods?
Where the customs find that the gods are infringing in nature, they may be sized until the determination of their true nature.
Who bears the liabilities and expenses related to suspension of the release of infringing goods?
The rights holder bears the liabilities and expenses related to suspension of the release of infringing goods.
Is the IP rights holder authorized to examine the goods, the clearance of which has been suspended?
Is the IP rights holder authorized to request the information about the personal details of the importer and additional crucial piece of information concerning the consignment, which has been suspended from clearance?
Can the importer or the authorized representative of the goods, which have been suspended from clearance, request the information of the IP rights holder in question?
Within what timeframe the IP rights holder needs to confirm whether the goods are counterfeit or original after suspension?
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.
Is the IP rights holder required to produce an injunction order or evidence of court proceedings to detain the goods?
If the answer to the above question is 'Yes,' then what is the deadline to do so?
Does the IP rights holder need to pay an additional bond for the detention of goods?
If the answer to the above question is 'Yes,' then to what extent and how is the valuation calculated?
In the scenario where the goods detained or seized are found to be infringing the IPRs of the IP rights holder in question, what steps does the customs department/authority take?
The goods are destroyed at the request of the rights holder if the same is unopposed by the importer of the goods.
Does the customs authority invite the rights holder and importer to join the proceedings? Are there any consequences of failure to join such proceeding, if any?
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.
Before disposal/destruction of infringing goods, does the rights holder need to submit a ‘no objection’ or concurrence document?
Are there any disadvantages of Custom Recordal of IPRs in Bulgaria? If yes, then kindly give 2-3 points?
If an IP rights holder is not satisfied with the action taken by the customs department/authority, can he/she initiate separate legal proceedings to enforce his/her IP rights?
To establish if the goods are counterfeit before the court of justice, will the affidavit by the IP rights holder suffice or any other documentary requirement is there?
Other documents may be required by the court (as may be needed).
Upon conclusion of proceedings before the Court of Justice, what are the possible remedies awarded by the court?
The possible remedies awarded by the court include the destruction of goods.
Is the rights holder under an obligation to inform customs authority when his Intellectual Property Right ceases to be valid/ he ceases to be the owner of such IPR?