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Bulgaria

BG088

Atrás

Law on the Protection of New Plant Varieties and Animal Breeds (SG No. 84/1996, as amended up to December 13, 2019)

 Law on the Protection of New Plant Varieties and Animal Breeds (SG No. 84/1996, as amended up to December 13, 2019)

ACT ON PROTECTION OF NEW PLANT VARIETIES AND ANIMAL

BREEDS

Prom. SG. 84/4 Oct 1996, amend. SG. 27/10 Mar 1998, amend. SG. 81/14

Sep 1999, amend. SG. 86/20 Oct 2000, amend. SG. 18/5 Mar 2004, amend. SG.

30/11 Apr 2006, amend. SG. 109/20 Dec 2007, amend. SG. 36/4 Apr 2008, amend.

SG. 26/6 Apr 2010, amend. SG. 58/18 Jul 2017, amend. and suppl. SG. 98/13

Dec 2019

Chapter one.

GENERAL PROVISIONS

Scope

Art. 1. (1) This Act settles the relations, connected with the creation, protection and

use of new plant varieties and animal breeds.

(2) The Act shall apply regarding:

1. created or discovered and cultivated plant varieties of each botanical variety and

species, including branch, line, hybrid or pad, regardless of the method (artificial or natural) of

their obtaining, called hereinafter "varieties";

2. created or discovered and cultivated breed, lines and hybrids of farm animals,

regardless of the method of their obtaining, called hereinafter "breeds".

Bodies participating in the procedure of providing legal protection

Art. 2. (amend. SG 86/00; amend. - SG 36/08, amend. – SG 58/17, in force from

18.07.2017) The bodies who participate in the procedure of providing legal protection of new

plant varieties and animal breeds are the Executive agency for variety trial, approbation and

seed control and the State Commission for animal breeds at the Ministry of Agriculture, Foods

and Forestry and the Patent body.

National regime

Art. 3. The provisions of the Act shall also apply regarding foreign persons from states,

which participate in international treaties in this sphere, party to which is the Republic of

Bulgaria, countries called hereinafter -"contractual states".

Right of authorship

Art. 4. (1) (suppl. – SG 26/10) Authorship of a variety or a breed shall be established

with their creation, discovery and cultivation. The local (autochthonous) livestock breeds and

the established breeds within the state according to the Annex shall be ownership of the

Bulgarian state.

(2) A person, who has created or discovered and cultivated a variety or a breed, is the

author (creator) of this variety or breed.

(3) When several persons have created or discovered and cultivated a variety or a breed

jointly, they are joint authors of the variety or breed.

(4) The right of ownership is personal, termless and cannot be transferred.

(5) The author or the joint authors of the variety or breed shall have the right to be

quoted as such in the application, in the certificate and in the publications regarding the variety

or breed.

Representation

Art. 5. (1) (amend. SG 86/00; amend. - SG 36/08, amend. – SG 58/17, in force from

18.07.2017, amend. - SG 98/19) The applicant, the holder of certificate, as well as their legal

successors can act before the Patent body, the Executive agency for variety trial, approbation

and seed control and the State Commission for the breeds, or through a representative of the

intellectual property, registered in the Ministry of Agriculture, Foods and Forestry, by an order

determined by the Minister.

(2) (amend. SG 86/00) Applicants with permanent residence or headquarters of the

firm outside the country shall be obliged to act before the Patent body, the Executive agency

for variety trial, approbation and seed control and the State Commission for the animal breeds

through representatives of the intellectual property.

Register of certificates for new varieties of plants and animal breeds

Art. 5a. (New - SG 98/19) (1) The Patent Office maintains a Register of certificates

for new varieties of plants and animal breeds.

(2) The register under para. 1 contains:

1. number and date of submission of the application;

2. number of the certificate issued;

3. TAXON code;

4. number of the Patent Office Official Bulletin and date of publication of the

application;

5. number of the Patent Office Official Bulletin and date of the Certificate Issued;

6. name of the plant variety/animal breed;

7. Latin name of the plant variety/animal breed;

8. name and address of the applicant;

9. name of the author;

10. start of validity of the certificate;

11. paid annual fees for maintaining the validity of the certificate - date of payment

and the subsequent year to which it applies;

12. current status of the certificate;

13. the name and address of the Intellectual Property Representative when authorized.

Access to the registry

Art. 5b. (New - SG 98/19) (1) The register under Art. 5a is electronic and public. It is

published on the website of the Patent Office.

(2) The Patent Office collects, organizes, discloses publicly and stores the data subject

to entry, including all personal data necessary for the purpose of maintaining the register and

performing its activities under this Act.

(3) Any person may request a reference or extract from the contents of the register.

File

Art. 5c. (New - SG 98/19) (1) The Patent Office maintains a paper and electronic file

for each new plant variety and animal breed which includes all documentation for the issuance

of the protection document and subsequent entries.

(2) The right of access to the file of the new plant variety and animal breed have the

applicant, the holder, the industrial property representative, legal adviser from the

administration of the applicant or holder, as well as a lawyer authorized in writing by the

applicant or holder. Access to the file is also available to a person who is expressly authorized

by a notarized power of attorney from the applicant or holder.

(3) Right of access to the administrative file in proceedings in disputes have the parties

involved therein, industrial property representatives, legal adviser from their administration, the

lawyer authorized in writing by the applicant, the holder or the claimant, , as well as a person

expressly authorized by a notarized power of attorney from them.

(4) After the publication under Art. 41 everyone has the right to access the application

for a new plant variety or animal breed as submitted.

(5) Everyone has the right to be informed of the data contained in the file of the plant

variety or animal breed, subject to enter.

(6) Third parties, in respect of whom circumstances admissible by law have been

entered, have the right of access only to the documentation on the basis of which the entry was

made.

(7) The right of access to a file for a new plant variety or animal breed includes the

right of persons authorized under this Act to familiarize themselves with and to obtain copies

of all material and documents entered in the relevant file with the exception of internal

documents within the meaning of § 1, item 1 of the additional provisions of the Trademarks

and Geographical Indications Act.

(8) The procedure for granting access to files of the plant variety or animal breed and

for obtaining references or extracts from register shall be determined by an instruction of the

President of the Patent Office.

Transfer of rights

Art. 6. (1) All rights, settled by this Act, inasmuch as it is not provided otherwise, can

be transferred.

(2) The transfer of rights under para 1 shall be registered in the Patent body and shall

be published in the official bulletin of the body.

Chapter two.

LEGAL PROTECTION OF THE VARIETIES

Section I.

Conditions for providing legal protection

Requirements (criteria)

Art. 7. (1) Legal protection of a variety shall be provided if it is:

1. new;

2. discernible;

3. homogeneous;

4. stable.

(2) The variety must have a variety name, which shall relate to its generic indication,

according to Art. 12.

Novelty

Art. 8. (1) The variety shall be considered new when, by the day of presentation of the

application for certificate, it or a generative material or a crop of it have not been offered for

sale, sold, subjected to other kind of trade or offered with the consent of the selectionist:

1. on the territory of the country, for no longer than one year;

2. on the territory of any other country, for no longer than:

a) six years, when it regards trees and vine;

b) four years, when it regards any other vegetal kind.

(2) No variety testing shall affect the novelty of the variety and it cannot be used to the

detriment of the right of the selectionist.

Discernibility

Art. 9. (1) The variety shall be considered discernible if it is clearly distinguishable

from any other variety, which is commonly known by the day of presentation of the application

at the Patent body.

(2) Another variety shall be considered commonly known if, by the day of presentation

of the application, it has been materialised through cultivation, it is a subject of marketing, trade

or other type of realisation or subject to the right of the selectionist, it has been entered in the

registers of the varieties, it has been included in reference collection, its exact description has

been presented for publication or it has become known in any other way.

(3) Application for granting right to the selectionist or for entering another variety in

an official register of the varieties in any country shall be considered as attaching common

knowledge for this variety from the date of presentation of the application, on condition that

the application has lead to granting right to the selectionist or to entering the variety in the

official register of the varieties.

(4) The indications, allowing the determination of the characteristics and the

distinctive features of the variety, must be precise for the purposes of description.

Homogeneity

Art. 10. (1) The variety shall be considered homogeneous if, regardless of the presence

of small deviations, the plants are identical in their essential qualities, including regarding the

particularities of their sexual or vegetal reproduction.

(2) (amend. SG 86/00) The deviations from each kind shall be determined by

methodology, adopted by the Executive agency for variety trial, approbation and seed control.

Stability

Art. 11. The variety shall be considered stable if it remains unchanged regarding its

essential qualities after repeated reproduction, or if the selectionist has determined for the

created variety a particular cycle of reproduction, whereas at the end of each cycle the variety

has retained the compliance with its description.

Name

Art. 12. (1) Each new variety shall be given name, related to its origin or kind, serving

the purposes of its identification. The name can consist of one or two words or a combination

of words, letters and a figure, not larger than four digits.

(2) The name of the variety shall meet the following requirements:

1. to differ from any other name, used in the country, for this kind or kinds similar to

it, or from a name of an existing variety in any contractual state, including after the expiration

of the term of the certificate;

2. not to enable misleading or obscurity regarding the qualities, the essence or the

identity of the variety or the personality of the selectionist;

3. not to violate rights, acquired earlier by third persons, who have acquired the right

for such name, if according to item 4 the selectionist can be given the right for the same name.

In this case the Patent body shall require from the selectionist to propose another variety name;

4. every person, offering in any contractual country, for sale and trade, reproduction

material from protected variety or a variety in the process of expertise, shall be obliged to use

the variety name even upon discontinuation of the protection of this variety, inasmuch as it does

not contradict previously acquired rights of this use, according to item 3.

(3) (Amend., SG 81/99) When a variety is offered for sale or commercial use, to the

registered variety name of the protected variety can be added mark, geographic name or other

indication. Upon adding such indication the variety name should be easily and clearly

distinguishable.

Section II.

Protective document

Certificate

Art. 13. (1) The legal protection of a variety shall be provided by a certificate.

(2) The certificate shall prove the presence of a registered vegetal variety, the priority,

the right of authorship and the exclusive right of its owner over the variety.

(3) The certificate shall be issued by the Patent body upon expert inspection of the

variety - subject of the application.

(4) The certificate shall be in effect from the date of its issuance:

1. thirty years for trees and vines;

2. twenty five years for all other varieties.

Right of applying

Art. 14. (1) The right of applying belongs to the author or his legal successor.

(2) It shall be considered that the applicant has a right of applying, unless established

otherwise by a court order.

(3) If several authors have created or discovered and cultivated a variety, the right of

applying shall belong jointly to them. The refusal of one or several of hem to participate in

applying or in the procedure of the issuance of the certificate, it shall not be an obstacle for the

others to carry out the activities, stipulated by the law, or to exercise their rights.

(4) The right of applying for a variety, created under the conditions of Art. 16, shall

belong to the employer, if he applies within three months from receipt of a written notification

by the author about the creation of the variety. Otherwise, the right of applying shall be passed

over to the author.

(5) When a variety is created on the grounds of a contract, the right of applying shall

belong to the assigning party, unless the contract stipulates otherwise. If the assigning party

does not exercise this right within the period under para 4, the right of applying shall be passed

over to the author of the variety.

(6) (amend. SG 86/00) Employees of the Patent body and of the Executive agency for

variety trial, approbation and seed control shall not have the right to apply for a variety or to be

presented as joint authors, while they are employed by these state bodies, as well as up to three

years from discontinuation of the legal terms of employment, with the exception of the cases

when the variety is a result of natural mutation, established during the essential expertise,

according to Art.38, para 1 and 2.

Right to certificate

Art. 15. (1) The right to certificate shall belong to the person who has the right of

applying according to Art. 14.

(2) When several person have created a variety, independently from each other, the

right to certificate shall belong to the person who has applied first for this variety at the Patent

body.

(3) (new – SG 26/10, amend. – SG 58/17, in force from 18.07.2017) The right to

certificate for the animal breeds according to Annex to Art. 4. para 1 belongs to the Bulgarian

state. Owner of the certificates for the respective animal breeds shall be the Ministry of

Agriculture, Foods and Forestry.

Variety created ex-officio

Art. 16. (1) A variety created ex-officio is a variety created or discovered and

cultivated in fulfilment of obligations ensuing from legal terms of employment or other legal

terms of the author of the variety, except in the cases, when a contract stipulates otherwise.

(2) The variety shall be considered created ex-officio according to para 1, when during

its creation the author:

1. has been performing his official duties, inherent to his occupation;

2. has been performing duties, besides the ones under item 1, but they have been

specifically assigned to him, and by this act the selection of a new variety has been expected;

3. has used material or financial resources, provided by the employer or the assigning

party.

(3) When the variety has been created ex-officio only regarding one or several of the

authors, respectively the executors, the provisions of para 1 and 2 and of Art. 14 shall only

apply regarding these authors, their employers or assigning parties.

(4) The author shall be obliged, within three months from the creation of the variety,

to inform the employers, respectively the assigning party, about that in writing.

(5) The person, who has created the variety ex-officio, shall have the right of

authorship according to Art.4,para 2 and 3 and 4 and the right of fair remuneration, but not less

than 4 percent, if such remuneration has not been stipulated by the respective contract. In

determining the remuneration the main considerations shall be:

1. the profit, determined by all types of realisation of the variety for the time of validity

of the certificate;

2. the worth of the variety;

3. the contribution of the employer and/or the assigning party, expressed in invested

resources for the creation of the variety, the submitted materials, equipment, knowledge,

experience, personnel and other assistance;

4. the conditions under which the author of the variety is hired.

(6) When the interests of the employer require applying for the variety after the three-

month period under Art.14, para 4 the author shall be entitled to a fair remuneration for the time

of postponement of applying and all rights, ensuing from the postponed issuance of certificate

for this variety. These relations between the employer and the author shall be settled by a

contract before the expiration of the three-month period.

(7) When the application for certificate for a variety has been presented by the author,

within three years from discontinuation of the employment contract or of other legal relations

under para 1, the employer, respectively the assigning party, can claim the right to receive the

certificate, except in case when he has been informed by the author about the created variety

and he has not exercised the right under Art. 14, para 4. This right can be exercised within one

year from the publication of the application under Art. 36.

(8) The remuneration of the author shall be due by the employer and, when he is not

the holder of the certificate - by the holder of the certificate.

(9) When the remuneration under para 5, 6 and 8, regardless of whether it is stipulated

by the contract or has been determined according to the stipulated rules, is unfair, considering

the actual profit and worth of the variety, it can be increased at the request of the author. In case

of refusal on part of the employer the dispute shall be settled by court order.

(10) When the variety is created abroad the rights of the author, if any, shall be settled

according to the norms, settling the relations with the employer.

Temporary protection

Art. 17. (1) For the period from the publication of the application by the Patent body

for issuance of certificate for a variety, until its issuance, the applicant shall be provided with

temporary protection against illegal activities of other persons.

(2) The range of the temporary protection shall be determined by the description and

the form, inasmuch as the issued certificate does not expand it.

(3) The applicant shall have the right to fair remuneration, obtained from the person

who, during the period under para 1 has carried out activities for which, upon the issuance of

the certificate, the consent of the holder of the certificate shall be required, according to Art.

18.

Section III.

Rights of the selectionist

Range of the exclusive right of the holder of certificate

Art. 18. (1) The exclusive right of the holder of certificate regarding reproductive or

vegetative reproduction material from a variety, protected by a certificate, comprises the right

of use, disposal of the certificate and the right of prohibiting other persons to use it without his

consent. The right of use includes the following:

1. production or reproduction;

2. preparation for the purposes of reproduction;

3. offering for sale;

4. sale or other type of trade;

5. export;

6. import;

7. storing for some of the purposes under item 1 - 6.

(2) The activities of third persons, according to para 1, item 1 - 7, carried out regarding

the reproductive or vegetative material of a variety protected by a certificate, require a permit

by the holder of the certificate. He can give his consent depending on the conditions and

restrictions under Art. 19, 20 and 21.

(3) The provisions of para 2 shall apply regarding the crop from unauthorised use of

reproductive or vegetative reproducing material from the protected variety also in cases when

the holder of certificate has not had a justified ability to exercise his rights regarding the same

reproductive or vegetative reproducing material from the variety.

(4) The provisions of para 2 shall apply in separate cases regarding the products,

directly obtained from the material of the protected variety, according to ordinances or

instructions under §9. They can be applied only if these products have been obtained by

unauthorised use of the protected variety and if the holder of certificate has been justifiably

unable to exercise his right regarding this material. In the context of para 2 "material" are

directly obtained products.

(5) The provisions of para 1 - 4 shall apply regarding:

1. varieties which, in essence, have been obtained from the variety, for which a

certificate is issued, and when this variety, in its essence, is not an obtained variety;

2. varieties, which are indistinguishable, according to the provisions of Art. 9 of the

protected variety;

3. varieties, whose production require repeated use of the protected variety.

(6) For the purposes under para 5, item 1 the variety shall be considered a derivative,

in essence, of another variety, called hereinafter "initial variety" when:

1. originates mainly from the initial variety or from a variety which in itself is a

derivative, in essence, of the initial variety;

2. it is clearly distinguishable from the initial variety according to the provisions of

Art. 9;

3. regardless of the differences it corresponds to the initial variety in its substantial

characteristics, which are result from a genotype or a combination of genotypes of the initial

variety.

(7) The ordinances and instructions under §9 can determine possible activities for

obtaining derivative varieties at least under the conditions of para 6.

Restrictions of the rights of the selectionist

Art. 19. (1) Regardless of the provisions of Art. 18, para 1, for the purposes of

promotion of the agricultural production, the farmers shall have the right to use, for their own

needs, with the purpose of reproduction in their own farms, product of a crop, which they have

obtained by planting in their own farm, reproductive material from a variety, different from the

hybrid or artificially obtained variety, protected by a certificate.

(2) (amend. SG 86/00; amend. - SG 36/08, amend. – SG 58/17, in force from

18.07.2017) The provisions of para 1 shall only apply for vegetal kinds, according to a list,

approved by the Minister of Agriculture, Foods and Forestry.

Exceptions from the right of the selectionist

Art. 20. The right of the selectionist shall not cover:

1. activities, carried out by farmers for their own needs, without commercial purpose;

2. activities carried out for experimental purposes;

3. activities carried out with the purpose of creating other varieties, except when the

provisions of Art. 18, para 3 and the activities under item 2 apply.

Using up the right of the selectionist

Art. 21. The right of the selectionist shall not cover activities regarding the material

from the protected variety or over a material produced from it, or over some of the varieties

under Art. 18, para 5, which have been sold or offered on the market in any other way by the

holder of the certificate, or by his consent - on the territory of the country, unless these activities

include:

1. further reproduction of the variety;

2. export of material from the variety, allowing its reproduction in a country, which

does not protect vegetal varieties of the origin or the kind to which the variety belongs, unless

the exported material has been designated for end use.

Contractual licence

Art. 22. (1) The applied or protected by certificate variety can be subject to a licence

contract.

(2) Through the licence contract can be granted exclusive, non-exclusive, full or

limited licence.

(3) The licence contracts shall be entered in the register of the Patent body and shall

be valid from the date of their registration. Publication in the official bulletin shall be made for

them.

Compulsory licence

Art. 23. (1) (amend. SG 86/00; amend. - SG 36/08, amend. – SG 58/17, in force from

18.07.2017) The Ministry of Agriculture, Foods and Forestry can order a compulsory licence

for a protected variety, in favour of any interested person at his request, when at least one of

the following conditions is present:

1. the variety has not been used for a duration of five years from applying for certificate

or three years from the issuance of the certificate and if the public interest requires the issuance

of compulsory licence, applying the term, which expires later;

2. the variety has not been used to a degree, enough to meet the national needs or public

needs, within the periods under item 1, except when the holder of certificate proves that he has

not been in position to do that;

3. national state of emergency has been declared, for its duration, and the variety

contributes to overcoming this state.

(2) The applicant under para 1 must prove that he is in position to use the variety within

the frames of the requested compulsory licence.

(3) The compulsory licence can only be non-exclusive and non-transferrable.

(4) The compulsory licence can be discontinued if its holder, within one year from

issuance of the licence, has not started the preparations for using the variety. In all cases the

compulsory licence shall be discontinued if, within two years from its issuance, the holder has

not started using the variety.

(5) The holder of the certificate can request revoking or change of the conditions for

granting compulsory licence under para 1, upon expiration of one year, should the

circumstances, at the time of taking the decision for compulsory licence, have changed in the

meantime.

(6) For granted compulsory licence the selectionist shall receive fair compensation by

the user. If an agreement is not present, the compensation shall be determined by court order.

(7) Compulsory licence shall not be issued in favour of an offender of the certificate.

Official certificate

Art. 24. (1) (amend. SG 86/00; amend. - SG 36/08, amend. – SG 58/17, in force from

18.07.2017) The Ministry of Agriculture, Foods and Forestry can order, only in exceptional

cases, for the needs of the defence and the security of the country, official licence for the use of

a variety - subject of application or of issued certificate.

(2) (amend. and suppl. - SG 109/07, in force from 01.01.2008) The official licence

shall be issued at the request by the Ministry of Defence, the Ministry of the Interior or the State

Agency "National Security". The order shall determine all conditions of the official licence, as

well as the conditions, regarding the fair compensation, related to the use of the variety.

(3) If there is no agreement regarding the fair compensation, which should be paid to

the selectionist, it shall be determined by court order.

Special regime

Art. 25. (1) (amend. SG 86/00; amend. - SG 36/08, amend. – SG 58/17, in force from

18.07.2017) The Minister of Agriculture, Foods and Forestry shall approve, only in exceptional

cases, a list of a limited number of varieties, subject to applications for certificate and which

cannot be circulated and used freely without special permit, if they are of interest to the defence

and the security or to the public health care.

(2) The selectionist shall have a right to fair compensation. If there is no agreement the

compensation shall be determined by court order.

Legal protection abroad

Art. 26. (1) Bulgarian physical persons and corporate bodies shall have the right to

chose any other contractual state under Art. 3, where they wish to apply for legal protection of

the variety.

(2) The applicant can apply for legal protection in any other country, upon applying

under para 1, without waiting for the issuance of a protective document by the country under

para 1.

(3) The applicant under para 1 and 2 cannot seek legal protection abroad without a

special permit, if his variety is included in the list under Art. 25, para 1.

Discontinuation of the effect of the certificate

Art. 27. (1) The effect of the certificate shall be discontinued:

1. due to expiration of the period for which it has been issued;

2. due to a refusal, in a written form, of its holder, considered from the date of

presentation in the Patent body. The refusal by one of the co-owners of the certificate shall not

discontinue its effect regarding the rest of them;

3. in the cases when the holder:

a) (amend. SG 86/00) is not in position to present within a period of one year, for the

annual kinds, and two years for the perennial kinds, upon request of the Executive agency for

variety trial, approbation and seed control, authentic planting material, which allows the

reproduction of the created variety, with its morphological and biological qualities, such as they

have been determined at the time of issuance of the certificate, about which the Patent body

shall be informed;

b) does not present to the competent bodies, within the prescribed period, reproduction

material, documents or instruction, considered necessary for the exercising control over the new

variety, or does not allow to the Institute for introduction and vegetal resources to take a sample

for preservation of the variety;

4. when the due annual tax under Art. 42, para 2 and 3 for maintaining the certificate

is not paid.

(2) The certificate, with discontinued effect, due to failure to pay the annual tax, can

be restored within six months from the last day of the month, when the certificate has been

issued, if the overdue tax is paid in double at the Patent body.

Violation of the rights of the holder of certificate

Art. 28. (1) Any use of the variety, entering the range of protection by a certificate,

according to Art. 18, and which has been done without the consent of its owner, shall be

considered violation of the certificate.

(2) A person, who carries out the activities under para 1, with a variety, protected by a

certificate, but produced by other persons, in violation of the certificate, shall be liable for

violation only if he has acted with premeditation.

(3) The holder of certificate for a variety and the licensee of explicit licence can deposit

a claim for violation of their rights, unless agreed upon otherwise.

(4) The licensee under Art. 22, of a compulsory licence under Art. 23 and of licence

under Art. 24 can present a claim for violated rights, ensuing from the certificate, if the holder

of the certificate does not exercise, on his own, his right to claim, within six months from receipt

of a written invitation by the licensee.

(5) Every licensee can participate in a case for violated rights, ensuing from the

certificate, when the claim is made by the holder of the certificate. The same regards the holder

of a certificate, when the claim has been made by the licensee, according to para 3 and 4.

(6) The claim for violation of rights over the variety can also be made by the applicant

before the issuance of the certificate, after the publication about the application by the Patent

body.

Claims for violation of rights, ensuing from a certificate

Art. 29. (1) The claims for violation of rights, ensuing from a certificate, can be:

1. claim, establishing the fact of violation;

2. claim for compensation for suffered losses and for missed profit;

3. claim for discontinuing the activities of the offender, violating the rights of the

holder of the certificate.

(2) If the claim under para 1 is granted the court can order re-processing or destruction

of the subject of the violation, and in case of premeditation - of the means of the violation.

Provision of evidence

Art. 30. The type of evidence, the order of its collection and compensation, under Art.

29, shall be carried out according to the Civil procedural code.

Nullity of certificate

Art. 31. (1) The issued certificate shall be void when it is established that:

1. the conditions, determined by Art. 8 and 9 have not been met in issuing the

certificate;

2. the right of the selectionist has been granted to a person, who has no right to hold it,

unless it is transferred to an authorised person.

(2) On the grounds of enacted decision under para 1, item 2, the Patent body, without

discontinuing the effect of the certificate, declared void, shall issue a new certificate to the

person determined by the decision, at his request.

(3) The declaring of the nullity of the certificate shall not affect:

1. enacted decisions for violation of the certificate;

2. licence contracts, concluded and fulfilled before declaring the nullity of the

certificate, unless agreed upon otherwise.

Section IV.

Expertise of varieties

Applying for certificate

Art. 32. (1) The application for certificate for a variety shall be presented at the Patent

body and shall be entered in the ledger for the applications for the varieties.

(2) As date of presentation of the application shall be considered the date of receipt in

the Patent body of the following documents:

1. application for issuance of certificate for variety, with identification data for the

applicant and the author of the variety;

2. description of the variety;

3. proposal for the name of the variety;

4. filled out technical questionnaire for the kind;

5. paid taxes for applying and for publication about the application.

(3) The application for certificate shall regard only one variety.

(4) The documents under para 2 shall be presented in Bulgarian language. The name

of the variety, the technical questionnaire and the description, accompanied by illustrations,

shall be presented in triplicate. The name of the applicant and of the author, as well as the name

of the variety shall also be filled out in Roman.

(5) If the applicant presents application through a representative of the intellectual

property, it shall also be accompanied by a letter of authority.

Withdrawal of the application

Art. 33. The application for certificate for a variety can be withdrawn by a written

declaration of the applicant, if a certificate has not already been issued. With the withdrawal of

the application the applicant shall loose the right of priority under Art. 34.

Right of priority

Art. 34. (1) The applicant, who has applied for certificate under Art. 32, shall use the

right of priority from the date of applying.

(2) If the applicant has presented earlier applications for protection of one and the same

variety, in contractual states, prior to applying at the Patent body, he can claim conventional

priority for a period of twelve months, considered from the date of the first applying.

(3) The right of priority under para 2 shall be acknowledged if the applicant has

presented a declaration for claimed priority at the time of applying at the Patent body and has

paid the respective tax. The right of priority shall be proven within three months from applying

at the Patent body, by copies of the documents, composing the first application, as well as

samples or other evidence. The copies must be certified by the administrative body, where the

first application has been presented. Missing the deadline and failure to pay the tax for the

claimed priority shall lead to its loosing.

(4) The applicant under para 3 shall be given the chance, for the duration of two years

upon expiration of the term of priority, or if the first application has been withdrawn or rejected,

to present for expertise additional information, documentation or material.

Advance expertise

Art. 35. (1) For an application for certificate, registered by the Patent body, within one

month upon its presentation, advance expertise shall be held, checking up:

1. the formal regularity of the application and of the documents attached to it,

according to Art. 32;

2. the contents of the attached documents;

3. the correspondence of the name of the variety to the requirements of Art. 12. By the

consent of the Patent body the applicant can indicate a temporary proposal for the name, instead

of the name of the variety for the needs of the expertise.

(2) The Patent body shall inform the applicant about the established defects, and shall

determine a period of three months for their elimination. Should the applicant fail to comply

with this period, the application shall be considered abandoned and the expertise for it shall be

discontinued. In this case the applicant shall loose the right of priority under Art. 34, para 1.

Publication for the application

Art. 36. (1) The Patent body shall make publication about the application in the official

bulletin, immediately upon expiration of the fourth month, but not later than the sixth month

from the date of presentation of the application.

(2) No access shall be permitted in the Patent body to materials of applications for

certificate before the publication about it, except when there is a written permit by the applicant.

(3) (amend. SG 86/00; amend. - SG 36/08, amend. – SG 58/17, in force from

18.07.2017) The access to materials of applications under para 2 shall be admissible for the

Ministry of Agriculture, Foods and Forestry, pursuant to Art. 23, 24 and 25 and for the Ministry

of Defence or the Ministry of the Interior, according to Art. 24 and 25.

Submitting applications for essential expertise

Art. 37. (amend. SG 86/00) Within one month from the advance expertise of the

application the Patent body shall present it to the Executive agency for variety trial, approbation

and seed control for essential expertise, informing the applicant about due payment of the

respective taxes to the Executive agency for variety trial, approbation and seed control.

Essential expertise

Art. 38. (1) (amend. SG 86/00) For each application for certificate the Executive

agency for variety trial, approbation and seed control shall carry out expertise within two to

four years, in order to establish whether the variety of the plant corresponds to the requirements

of Art.7. If necessary, at the proposal of the applicant, this period can be extended.

(2) (amend. SG 86/00) For the purposes of the expertise the Executive agency for

variety trial, approbation and seed control shall test the variety in their other testing stations,

specialised institutes, laboratories and offices and shall describe and prove the qualities, which

allow the definition and distinguishing of the new variety.

(3) (New, SG 27/98; amend. - SG 36/08, amend. – SG 58/17, in force from 18.07.2017)

The Ministry of Agriculture, Foods and Forestry shall issue a licence to the persons who will

carry out plant variety testing. The conditions and order of issuing a licence shall be determined

by an ordinance of the minister for agriculture, forests and food supply.

(4) (Prev., para 3 - SG 27/98, amend. SG 86/00) The applicant shall submit, free of

charge, the planting and sowing material, necessary for the test of the variety, as well as any

other additional information and documentation, stipulated by the Regulations for the work of

the Executive agency for variety trial, approbation and seed control.

(5) (Prev., para 4 - SG 27/98) If, in the process of the expertise, it is established that

the name, announced to the Patent body does not correspond to the requirements of Art. 12,

para 1 and 2, the applicant shall be given two months to propose a new name. If the deadline is

not met the application shall be considered abandoned and the procedures on it shall be closed.

(6) (Prev., para 5 - SG 27/98) The expertise of the name should establish whether the

announced name of the tested variety is the same as the name of the application for the same

variety in contractual countries.

(7) (Prev., para 6 - SG 27/98, amend. SG 86/00)If the Executive agency for variety

trial, approbation and seed control decides that the variety does not meet the requirements of

Art. 7, they shall inform, in writing, the applicant, expressing their motives and submitting three

months for reply. If the applicant does not reply within this period or ungroundedly supports

his application, the Executive agency for variety trial, approbation and seed control shall refuse

a conclusion for acknowledging the variety, by sending a report to the Patent body.

(8) (Prev., para 7 - SG 27/98, amend. SG 86/00) The Executive agency for variety trial,

approbation and seed control shall take a decision for acknowledging the variety when, as a

result from the essential expertise, it is established that the announced variety meets the

requirements of Art. 7 and shall prepare a report to the Patent body within one month.

(9) (Prev., para 8 - SG 27/98, revoked – SG 86/00)

(10) (Prev., para 9 - SG 27/98, revoked – SG 86/00)

(11) (Prev., para 10 - SG 27/98, amend. SG 86/00)The Executive agency for variety

trial, approbation and seed control shall send, within the period under para 8, to the Patent body,

its report, the description, the paper and a copy of the decision for acknowledging the variety.

The Executive agency for variety trial, approbation and seed control can correct or supplement

the description at any time, in compliance with the development of the agronomic science.

These corrections and supplements shall not affect the range of the protection.

(12) (Prev., para 11 - SG 27/98, amend. SG 86/00) The Executive agency for variety

trial, approbation and seed control can use results from earlier expertise for the same variety,

carried out by competent bodies in the country or abroad.

(13) (Prev., para 12 - SG 27/98, amend. SG 86/00) The Executive agency for variety

trial, approbation and seed control can conclude agreements with competent bodies of the

contractual states for carrying out expertise for foreign plant varieties in the country, as well as

to assign the use of the results from such expertise by the competent bodies of contractual states.

(14) (Prev., para 13 - SG 27/98, amend. SG 86/00) All activities on the protection after

the essential expertise shall be carried out by the Patent body, on the grounds of the decisions

and reports of the Executive agency for variety trial, approbation and seed control.

Extension of terms

Art. 39. At the request of the applicant, presented before the expiration of the terms

under Art. 35, para 2, Art. 38, para 4 and 6, these terms can be extended by three months, but

no more than twice. For the request for extension of the terms the applicant shall pay taxes.

Issuance of certificate

Art. 40. The Patent body shall issue a certificate on the grounds of the decision for

acknowledgement of the variety and if, within three months from the announcement to the

applicant about the decision, taxes for issuance and publication about the certificate are paid.

Publication about issued certificate

Art. 41. (1) About issued certificate for variety shall be made publication in the official

bulletin of the Patent body.

(2) The official bulletin shall publish all changes in the legal status of the application

and the certificate.

(3) The issued certificate shall be entered in the register for the certificates for varieties

of the Patent body.

Fees

Art. 42. (1) (amend. SG 86/00) For all activities under this Act, before the Patent body,

the Executive agency for variety trial, approbation and seed control and the State Commission

for animal breeds, shall be paid fees, according to a tariff, approved by the Council of Ministers.

(2) For maintaining the effect of the certificate shall be owed annual fee.

(3) The annual fee for the first and for every consecutive year shall be paid by the last

day of the month of issuance of the certificate.

(4) The raised funds under para 1, 2 and 3 shall be used for financial support of the

said administrative bodies.

Chapter three.

LEGAL PROTECTION OF ANIMAL BREEDS

Expertise of animal breeds

Art. 43. (1) The application for certificate for animal breeds shall be presented at the

Patent body and shall be entered in the ledger for the applications for animal breeds, upon which

expertise shall be carried out by the State Commission for animal breeds, in compliance with

the Regulations for the work of the commission.

(2) By the essential expertise of animal breeds the State Commission shall study and

analyse the following special requirements:

1. breeding purposes;

2. brief characteristics of the original breeds;

3. description of the methods of creating the breed;

4. productive qualities and morphological particularities of the breed;

5. adaptive abilities and resistance to disease;

6. number, tribal and genealogical structure;

7. region of propagation.

(3) (new, SG 18/04) Expertise in essence of breeds, lines and hybrids of the silk

butterfly shall be carried out by the Executive Agency for sort testing, approbation and seed

control. The expertise shall be carried out through testing for importance, homogeneity and

stability and for economic biological qualities.

(4) (prev. para 3 – SG 18/04) The material expertise of foreign breeds shall be carried

out on their offspring in our country.

(5) (prev. para 4 – amend., SG 18/04) The State Commission for animal breeds, and

in the cases of para 3 – the Executive Agency for sort testing, approbation and seed control,

upon taking decision for acknowledging the breed, shall send, within one month, to the Patent

body, its report, the description, the paper and copy of the decision for acknowledgement of the

breed, informing the selectionist to pay the respective taxes to the Patent body.

Legal protection

Art. 44. The legal protection of animal breeds shall be provided by a certificate, with

validity of thirty years from the date of issuance of the certificate.

Provisions for the animal breeds

Art. 45. (1) The regime for the plant varieties shall also apply for animal breeds,

inasmuch as this chapter provides otherwise.

(2) The provisions of Chapter Four and Five shall also apply regarding the animal

breeds, complying with the specifics, stipulated by this chapter.

Chapter four.

DISPUTES

Types

Art. 46. The disputes, related to the creation, protection and rights, ensuing from the

certificate, shall be settled by administrative and court order.

Disputes, settled by administrative order

Disputes, settled by administrative order

Art. 47. (1) By administrative order shall be settled:

1. claims against decisions for discontinuation of the procedures on application for

issuance of certificate under Art. 35;

2. claims against the decision for refusal to issue a certificate;

3. claims against the decision for discontinuation of the procedures under Art. 38, para

4 regarding the correspondence of the name of the variety to the requirements of Art. 12;

4. requests for declaring nullity of issued certificate under Art. 31;

5. claims against refusal to restore the effect of the certificate under Art. 27, para 2;

6. claims against the decisions for granting or refusal to grant compulsory licence.

(2) (amend. SG 86/00; amend. - SG 36/08, amend. – SG 58/17, in force from

18.07.2017) The claims and the requests under para 1 shall be considered by specialised bodies,

appointed by the chairman of the Patent body, including a state expert and a lawyer from the

Patent body and an expert from the Ministry of Agriculture, Foods and Forestry. The bodies

under para 1, item 6 shall be appointed by the Minister of Agriculture, Foods and Forestry.

(3) (amend. SG 86/00) At the requests under para 1, item 4 can be opened proceedings

ex-officio by the Patent body and the Executive agency for variety trial, approbation and seed

control.

(4) The proceedings under para 1 and 2 shall be opened upon payment of a tax, except

in case of procedures ex-officio.

(5) The bodies under para 2 shall take decisions, respectively within three months on

the claims under para 1, item 1, 2, 3, 5 and 6 and within six months - on the requests under para

1, item 4.

Terms for appeal

Art. 48. (1) The claims under Art. 47, para 1, item 1, 2, 3, 5 and 6 shall be presented

within three months from receipt of the decision.

(2) The requests under Art. 47, para 1, item 4 shall be admissible for the whole duration

of the effect of the certificate.

Restoration of terms

Art. 49. The terms, missed due to particular unforeseen circumstances, can be restored

at the request of the applicant. The application shall be presented within three months from

dropping the reason for missing the term, but not later than one year from expiration of the

missed term. The decision for restoration of the term shall be taken by the chairman of the

Patent body.

Court control

Art. 50. (amend. SG 86/00; amend. - SG 30/06, in force from 12.07.2006, and for the

replacement of the words "Sofia city court" by "Administrative court – city of Sofia", in force

from 01.03.2007 ; amend. - SG 36/08, amend. – SG 58/17, in force from 18.07.2017) The

decisions of the bodies of the Patent body or of the Ministry of Agriculture, Foods and Forestry

shall be subject to appeal before Administrative court – Sofia city by the order of the

Administrative procedure code.

Legal disputes

Art. 51. (1) (amend. - SG 30/06, in force from 12.07.2006) The Administrative court

– city of Sofia shall consider:

1. disputes on authorship;

2. disputes on the right of applying and the right to certificate for variety;

3. disputes on violation of the rights of the applicant and the exclusive rights of the

holder of certificate. If the claim is presented by the applicant prior to the issuance of the

certificate, the proceedings shall be discontinued until the publication of the certificate by the

Patent body;

4. disputes on conclusion, fulfilment and discontinuation of licence contracts;

5. disputes regarding the official nature of the variety, in the context of Art. 16 and the

amount of the remuneration of the author of variety selected ex-officio;

6. disputes on the amount of the remuneration, due to the holder of the certificate under

Art. 23, 24 and 25.

(2) The claims under para 1, item 5 shall be presented within one year upon issuance

of the certificate.

Chapter five.

ADMINISTRATIVE AND PUNITIVE PROVISION

Sanction

Art. 52. (1) Every person who, without the permit of the holder of certificate, carries

out some of the activities under Art. 18, shall be fined with 100 to 1 000 levs, and in case of

repeated violation, the fine shall be from 1 000 to 10 000 levs. The reproduction material in

both cases shall be confiscated.

(2) (amend. SG 86/00 ; amend. - SG 36/08, amend. – SG 58/17, in force from

18.07.2017) The violation shall be established by an act, issued by an official, appointed by the

Minister of Agriculture, Foods and Forestry. The administrative penalty shall not exclude

criminal liability and other sanctions, according to the laws of the country.

(3) The issuance of the act, the issuance, appeal and fulfilment of the penalty decree

shall be carried out by the order of the Administrative Violations and Penalties Act.

Additional provisions

§ 1. In the context of this Act:

1. "Variety" is a vegetal combination of an individual botanical tax on of the lowest

known degree which, regardless of whether completely meets the requirements for granting the

right to the selectionist:

a) can be defined by expressing the qualities characterising a genotype or a definite

combination of genotypes;

b) can be distinguished from any other vegetal combination at least by expressing one

of the qualities;

c) is considered as a unit regarding its fitness to reproduce in unchanged kind.

2. "Reproductive material" is a whole plant, seeds, sowing material, as well as parts of

this plant, inasmuch as they contain at least one cell and are used for reproduction of a whole

plant, regardless of the method of its obtaining - artificial or natural.

3. "Breed" is a group of similar, in biological qualities and morphological signs,

animals of common origin and of one kind, claiming similar requirements for the natural and

production conditions.

4. "Selectionist" is the person:

a) who has created or discovered and cultivated the variety or the breed;

b) employer of the person under letter "a", on the grounds of a contract between them;

c) legal successor of the persons under letters "a" and "b".

5. "Economic qualities of the variety" are qualities substantiating the fitness of the

variety for use as object of reproduction and as material for production of vegetal products of

definite designation and quality.

6. "Official variety list" is a catalogue, consisting of:

a) list A, containing the varieties, which are recommended (permitted) for use in the

country;

b) list B, containing the varieties, for which, by the order of this Act, certificates have

been issued.

Transitional and concluding provisions

§ 2. The requests for author certificates for plant varieties and animal breeds for which,

until the entry into force of the Act, no protective certificate or a final decision for refusal have

been issued, can be transformed into applications for certificate. The transformation shall be

made upon presentation of application at the Patent body, by the persons and within the period

under §3, para 2 and by the order of Art. 14.

§ 3. (1) The author certificates for plant varieties and animal breeds, issued by the

enactment of this Act and which, according to §2, para 2 of the Act on patents, have been

excluded from transformation, by the force of Art. 7 of the Act on patents, can be transformed

into certificates upon presentation of application at the Patent body.

(2) The applications shall be presented within six months from the entry into force of

the Act, and the Patent body shall issue a certificate to one of the applicants, complying with

the following order of right holders:

1. to the author, when the variety or the breed have been created independently;

2. to the following persons, when the variety or the breed have been created in

conditions of selection ex-officio:

a) to the employer and/or assigning party;

b) to the user of the variety or breed, when this variety or breed is basic production;

c) to the author of the variety or breed.

(3) (amend. SG 86/00) The transformation of the author certificates into certificates

shall be made upon additional expertise of compliance with the requirements of Art. 9, 10 and

11 and the proposed decision of the Executive agency for variety trial, approbation and seed

control, according to Art. 38, para 10. The additional expertise can use the results from previous

tests of the variety or breed.

(4) Certificates, issued under para 1, 2 and 3 shall be valid for a period of 20 years,

considered from the date of their issuance. The persons, who have used the variety or breed

before the transformation of the author certificates, but after the date of the application for

author certificate, shall not have the rights of the previous user.

(5) The rights ensuing from the certificate, issued under this paragraph, shall be

instituted on the date of its issuance by the Patent body.

(6) The author certificates, which are not transformed into certificates under para 1 -

5, shall discontinue their effect.

§ 4. (amend. - SG 30/06, in force from 12.07.2006) The decision of the Patent body

for transformation of applications and author certificates into certificates shall be subject to

appeal by the order of the Administrative procedure code before Sofia city court.

§ 5. For transformation of author certificates into certificates shall be paid taxes for

transformation, for expertise, for issuance of certificate, for publication of the transformation.

The taxes for transformation of author certificate shall be paid at the time of applying under §3,

para 1, and all other taxes shall be paid according to this Act.

§ 6. Proprietary and non-proprietary rights of authors of acknowledged and

implemented author certificates, which have not been transformed under §3, para 1, shall be

settled while they last, by the order of the Act, which has been in force at the time of their

occurrence.

§ 7. (1) (amend. SG 86/00) The status of the Executive agency for variety trial,

approbation and seed control and of the State Commission for animal breeds shall be

determined by an act of the Council of Ministers.

(2) (amend. SG 86/00 ; amend. - SG 36/08, amend. – SG 58/17, in force from

18.07.2017) The State Commission for animal breeds shall be formed if necessary, and its

membership shall be approved by the Minister of Agriculture, Foods and Forestry.

§ 8. The following amendments are introduced to the Seed and Planting Stock Act

(prom., Izv., No 13 of 1958; amend., SG, No 99 of 1963, No 36 of 1979 and No 103 of 1990):

1. In Art. 2 the words "the regional varieties" are replaced by "of the varieties entered

in list A of the official varieties list".

2. In Art. 3 the words "approved by the Ministry of agriculture and forests" are replaced

by "entered in list A of the official varieties list".

3. Art. 5 is revoked.

4. Art. 6 is revoked.

5. In Art. 8, para 1, the words "regional, selected and local varieties" are replaced by

"the varieties entered in list A of the official varieties list".

6. In Art. 8, para 2 the words "not regional" are replaced by "not entered in list A of

the official varieties list".

§ 9. (amend. SG 86/00 ; amend. - SG 36/08, amend. – SG 58/17, in force from

18.07.2017) The Minister of Agriculture, Foods and Forestry and the chairman of the Patent

body shall issue ordinances and instructions for the fulfilment of the provisions of this Act.

§ 10. The Act shall come into force three months upon its promulgation in the State

Gazette.

§ 11. (amend. SG 86/00 ; amend. - SG 36/08, amend. – SG 58/17, in force from

18.07.2017) The implementation of the Act is assigned to the Minister of Agriculture, Foods

and Forestry and to the chairman of the Patent body.

The laActw was adopted by the 37th National Assembly on September 19, 1996 and

was affixed with the state seal.

Transitional and concluding provisions

TO THE ADMINISTRATIVE PROCEDURE CODE

(PROM. – SG 30/06, IN FORCE FROM 12.07.2006)

§ 51. The following amendments shall be done in the Act on Protection of new Plant

Varieties and Animal Breeds (prom. – SG 84/96; amend. – SG 27/98, 81/99, 86/00, 18/04):

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. The words "Administrative Procedure Act" shall be replaced by "Administrative

Procedure Code".

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

§ 142. The code shall enter into force three months after its promulgation in State

Gazette, with the exception of:

1. division three, § 2, item 1 and § 2, item 2 – with regards to the repeal of chapter

third, section II "Appeal by court order", § 9, item 1 and 2, § 15 and § 44, item 1 and 2, § 51,

item 1, § 53, item 1, § 61, item 1, § 66, item 3, § 76, items 1 – 3, § 78, § 79, § 83, item 1, § 84,

item 1 and 2, § 89, items 1 - 4§ 101, item 1, § 102, item 1, § 107, § 117, items 1 and 2, § 125,

§ 128, items 1 and 2, § 132, item 2 and § 136, item 1, as well as § 34, § 35, item 2, § 43, item

2, § 62, item 1, § 66, items 2 and 4, § 97, item 2 and § 125, item 1 – with regard to the

replacement of the word "the regional" with the "administrative" and the replacement of the

word "the Sofia City Court" with "the Administrative court - Sofia", which shall enter into force

from the 1st of May 2007;

2. paragraph 120, which shall enter into force from the 1st of January 2007;

3. paragraph 3, which shall enter into force from the day of the promulgation of the

code in State Gazette.

Transitional and concluding provisions

TO THE ACT ON STATE AGENCY FOR NATIONAL SECURITY

(PROM. - SG 109/07, IN FORCE FROM 01.01.2008)

§ 44. The Act shall enter into force from 1 January 2008.

Transitional and concluding provisions

TO THE ACT ON AMENDMENT AND SUPPLEMENTATION OF THE FISHERIES

AND AQUACULTURE ACT

(PROM. - SG 36/08)

§ 64. In the Act on Protection of new Plant Varieties and Animal Breeds (prom. - SG

84/96; amend. - SG 27/98, SG 81/99, SG 86/00, SG 18/04, SG 30/06 and SG 109/07)

everywhere the words "the Minister of Agriculture and Forests", "Minister of Agriculture and

Forests" and "the Ministry of Agriculture and Forests" shall be replaced respectively by "the

Minister of Agriculture and Food Supply", "Minister of Agriculture and Food Supply" and "the

Ministry of Agriculture and Food Supply".

Concluding provisions

TO THE ACT AMENDING THE ACT ON BULGARIAN FOOD SAFETY AGENCY

(PROM. - SG 58/17, IN FORCE FROM 18.07.2017)

§ 27.In the Act on Protection of New Plant Varieties and Animal Breeds following

amendments shall be made:

………………………………………………………

2. Everywhere in the Act words "Minister of Agriculture and Food" and "Ministry of

Agriculture and Food" shall be replaced with words "Minister of Agriculture, Food and

Forestry" and "Ministry of Agriculture, Food and Forestry".

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§ 76. This Act shall enter into force on the day of its promulgation in the State Gazette.