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Enforcement of IPRs in Bulgaria

Bulgaria

Enforcement of IPRs
There are a few unmonitored streets like Nesebâr, Golden Sands (ZlatniPyasâtsi), and Sunny Beach (SlânchevBryag) where these goods may be found. Other than that, internet sales is also a cause of counterfeiting and piracy in Bulgaria.
Fake designer goods and counterfeit historical items are very common in Bulgaria. Others include designer clothes, pirated software, etc.
Yes
They are as follows:
  • The Copyright and Associated Rights Act
  • The Marks and Geographical Indications Act
  • The Bulgarian Law on Patents and Utility Model Registration
Patents, trademarks, geographical indications, and industrial designs are the different types of IPRs protected by IPR enforcement in Bulgaria.
Foreign individuals and legal entities and all the persons with a domicile or seat outside Bulgaria may apply for the registration of a patent, trademark, geographical indication, and industrial design only through their local industrial property representatives listed with the Patent Office.
Yes, 05 years.
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Yes
Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
No
The dispute resolution is generally slow.
No
Yes
Yes
A) Responsible Authority - Sofia city court
B) Imprisonment Term - Up to 05 years, but may extend to 08 years in case of continuous infringement
C) Monetary Fine - Trademark: Legal entities are fined between BGN 1,000 (USD 700) and BGN 3,000 (USD 2,112). The fine for repeated offenses is between BGN 1,500 (USD 1,056) and BGN 3,000 (USD 2,112) for physical persons and between BGN 3,000 (USD 2,112) and BGN 5,000 (USD 3,520) for legal entities; Patents: 1000 to 20 000 levs
No
It may be very adverse for the infringer.
Where the existence of unfair competition is established, the parties concerned may conclude an arbitration agreement to deal with compensation issues (although there have been no reported cases of this type). The same applies to IP rights, including patents.
Yes
Yes
When such goods are identified at the border, they can be arrested and destroyed.
The rights holder must bear the costs of customs intervention during enforcement.
The goods shall be released in the market if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs.
Court proceedings
No