INDUSTRIAL DESIGN ACT
Prom. SG. 81/14 Sep 1999, amend. SG. 17/21 Feb 2003, amend. SG. 43/20
May 2005, amend. SG. 105/29 Dec 2005, amend. SG. 30/11 Apr 2006, amend.
SG. 73/5 Sep 2006, amend. SG. 59/20 Jul 2007, amend. SG. 12/13 Feb 2009,
amend. SG. 32/28 Apr 2009, amend. SG. 35/11 May 2010, amend. SG. 58/26 Jul
2016, amend. SG. 85/24 Oct 2017, amend. SG. 98/13 Dec 2019
Chapter one.
GENERAL PROVISIONS
Subject
Art. 1. (1) (prev. text of Art. 1 - SG 17/03) This Act shall regulate the conditions and
the procedure for registration of industrial design, the rights ensuing from it and the protection
of these rights.
(2) (new, SG 17/03; revoked – SG 35/10, in force from 12.08.2010)
Application Scope
Art. 2. (1) This Act shall be applied with regard to the Bulgarian individuals and
corporate bodies as well as with regard to foreign individuals and corporate bodies from states
participating in international agreements to which the Republic of Bulgaria is a party.
(2) With respect to foreign individuals and corporate bodies from other states this Act
shall be applied under the conditions of mutuality that is to be assessed by the Patent
department.
Industrial design
Art. 3. (1) In the sense of this Act industrial design called hereinafter "design" shall be
the visible outer appearance of a product or part of it determined by the peculiarities of the form,
the lines, the depiction, the ornaments, the colour blend or a combination thereof.
(2) A product in the sense of para 1 shall be any article obtained in industrial or craft
way, including parts designated for assembly in a composite article, sets or composition of
articles, packing, graphic symbols and printed fonts except software.
Right to authorship
Art. 4. (1) The person created design shall have the right to authorship under this Act.
This right shall be termless and not transferable and shall benefit protection under this Act
regardless of the protection that it could benefit also from other laws.
(2) When the design has been created by two or more persons the right to ownership
occurs for all the persons and they shall be co-authors. Co-authors shall not be the persons who
have rendered only technical, material or other assistance to the author.
(3) The author or the co-authors of the design shall be pointed out in the certificate for
registration and in the publication about it which shall be monitored by the Paten department.
(4) The Patent department shall enter into the State register of the industrial design the
actual author established with a court decision entered into force about a dispute for authorship
and co-authorship.
Representation
Art. 5. (1) (amend. - SG 98/19) Any person who according to this Act has the right to
implement activities before the Patent department shall be able to make this personally or
through a representative of industrial property.
(2) (amend. SG 43/05, amend. - SG 98/19) Persons who are not with permanent
address or do not have headquarters in the Republic of Bulgaria shall implement activities
before the Patent department through a representative of industrial property.
Fees
Art. 6. (amend. – SG 73/06, i8n force from 06.10.2006; amend. and suppl. – SG 35/10,
in force from 12.08.2010) The Patent department shall collect fees for: declaring, expertise;
priority; registration; issuing of certificate; renewal of the registration; entering; correction of
mistakes; appealing against refusals; deleting of registration; extension of terms; publication of
the registration and the entries, deferment of the publication; submitting an application for
international registration; redirection of application for design to the Community; information
about declared or registered design; information or excerpts from the State register of industrial
designs, in extent determined in a tariff approved by the Council of Ministers.
File
Art. 7. (Amend. - SG 98/19) (1) The Patent Office maintains, for each industrial design,
a paper and electronic file, which includes all the registration documentation and subsequent
entries. In the cases under Art. 50 - 53 the file shall include all documentation regarding the
actions provided for in this Act.
(2) The right of access to the file of the industrial design 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, their industrial property representatives, legal adviser from the administration
of the applicant, the holder of the industrial design or the claimant, the lawyer authorized in
writing by the applicant, the holder of the industrial design or the claimant, as well as a person
expressly authorized by a notarized power of attorney from them.
(4) Everyone has the right to information about the data contained in the file of the
industrial design, which are subject to entering.
(5) 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.
(6) The right of access to a file 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.
(7) The procedure for granting access to files and for obtaining references or extracts
from State Register of Industrial Designs shall be determined by an instruction of the President
of the Patent Office.
State register of the industrial designs
Art. 8. (amend. – SG 35/10, in force from 12.08.2010) The State register of the
industrial designs shall be kept and maintained by the Patent Office and shall contain the
following data:
1. number and filing date of the application for registration of industrial design;
2. image of the industrial design;
3. list of the products and their names, preceded by the number of the classes and
subclasses according to the International Classification for Industrial Designs under the
Locarno Agreement and grouped in an appropriate way;
4. number of designs;
5. registry number and date of registration;
6. number of the official bulletin of the Patent Office and date of publication of the
application;
7. information about deferment of the publication;
8. information for claimed priority – number, date and country of the priority
application, if claimed;
9. name and address of the applicant, respectively of the holder of the design;
10. name of the author of the deisgn;
11. name and address of the industrial property representative, if auhorized;
12. term of validity of the registration;
13. renewal of the registration;
14. legal status of the registration;
15. information of pending procedures for cancellation of the registration of the design
– the date of filing, applicant, decision in force;
16. other information – change of name/address of the holder of the design, transfer of
the right in the design, contractual licenses, securities, registered pledges, bankruptcy.
Access to the State register if the industrial designs
Art. 9. (amend. – SG 35/10, in force from 12.02.2011) The State register of the
industrial designs shall be public and shall be published in the internet site of the Patent Office.
It shall be kept on a paper carrier and as an electronic database, operated by an information
system. Every person shall be able to require information or excerpt of its contents.
Chapter two.
LEGAL PROTECTION
Section I.
Registration
Acquiring of right over a design
Art. 10. (1) Right over a design shall be acquired through its registration at the Patent
department assumed from the date of submitting the application for registration.
(2) The right over a design shall be exclusive.
Grounds for registration
Art. 11. (1) Registered shall be a design that is new and original.
(2) Not registered shall be:
1. a design contradicting with the public order or the good ethics;
2. (amend. SG 43/05) a design which peculiarities are grounded only on the technical
function of the product;
3. a design which peculiarities are grounded on the need the product in which is
included or to which has been applied the design to be mechanically connected or put into,
around or opposite to another product so that both the products to implement their functions,
except a design which objective is to make possible multiple assembling or connecting of
mutually substitutable products in a modular system.
(3) (new, SG 17/03; amend. – SG 73/06, in force from 06.10.2006; revoked – SG
35/10, in force from 12.08.2010)
Novelty
Art. 12. (1) The design shall be new if before the date of submitting the application,
respectively before the date of priority another identical design is not known to have become
accessible through publications, registrations or announcement in any other way wherever in
the world.
(2) (amend. SG 43/05) The designs shall be considered identical if their peculiarities
differ only in insignificant elements.
Originality
Art. 13. (1) (amend. SG 43/05; prev. text of Art. 13 – SG 73/06, in force from
06.10.2006) The design shall be considered original if the overall impression it creates for the
informed user differs from the overall impression created by a design that has become publicly
accessible before the date of submitting he application for registration or when a priority is
claimed before the date of priority.
(2) (new – SG 73/06, in force from 06.10.2006) At assessment of the originality shall
be taken into account the designer’s extent of freedom at creation of the design.
Novelty and Originality of a Design of a Product that is Part of a Complex
Product
Art. 13a. (new – SG 35/10, in force from 12.08.2010) When the design is applied to or
included in a product that is component of a complex product, it shall be deemed novel and
original if:
1. the component of the complex product remains visible during the normal use of the
said product, and
2. the visible features of the component meet the novelty and originality requirements.
Announcement not affecting the novelty
Art. 14. (amend. SG 43/05) The announcement of a design - subject to application for
registration, shall not affect its novelty when this announcement is made in 12 months term
before the date of submitting the application, respectively the priority, by:
1. the author, his legal successor or a third person as a result of information or activity
of the author or of his legal successor;
2. third person damaging the author
Term of effect of the registration
Art. 15. (1) The term of effect of the registration of a design shall be 10 years after the
date of submitting the application.
(2) The registration shall be possible to be renewed for three subsequent periods of 5
years.
Right to declaration and right to registration
Art. 16. (1) (suppl. SG 43/05) The right to declaring a design shall belong to the author
or his legal successor. When the right to declaring belongs to several persons it shall be
exercised jointly. The refusal of one person or several of the persons to participate in the
declaring shall not be impediment for the others. The refusal has to be explicit and in writing.
(2) When the design is official according to Art. 17, para 1 the right to declaring shall
belong to the employer or to the one made the order.
(3) The right to declaring in the case of para 2 shall pass to the author if in 3 months
term after the notification in writing about the created design the employer, respectively the
orderer, does not submit an application unless between them other has been agreed.
(4) The right to declaring shall be possible to belong jointly to the employer,
respectively the orderer, and the author if this has been agreed.
(5) It shall be considered that the applicant has right to declaring until other is
established by judicial order.
(2) The right to registration shall belong to the first declarer.
Official design
Art. 17. (1) The design shall be official when it has been created in implementation of
obligations in employment legal relation or as order unless in the contracts other has been
agreed.
(2) The author who has created official design shall have the right to additional
remuneration.
(3) The remuneration of the author shall be possible to be determined as part of the
incomes received from the use of the design as one time sum or in another way.
(4) When the remuneration determined as one time sum occurs obviously
disproportional to the incomes received from the use of the design the author shall be able to
require increase of the remuneration. If agreement is not reached between the parties the dispute
shall be resolved by the court as it is fair.
Scope of the legal protection
Art. 18. (amend. SG 43/05; suppl. – SG 73/06, in force from 06.10.2006; amend. – SG
35/10, in force from 12.08.2010) The scope of the legal protection shall be determined by the
image, respectively the images of the registered design and shall cover every design that does
not produce on the informed user a different overall impression.
Contents of the right over a design
Art. 19. (1) The right over a design shall include the right of its owner to use the design,
to dispose with it as well as to prohibit to third parties without his consent to copy or to use in
the commercial activity a design included in the scope of protection.
(2) The use of the design of para 1 shall include the production, the offering and the
exhibiting on the market or the use of a product in which is included or to which has been
attached design of the scope of protection as well as import, export or preservation of the same
product for these purposes.
(3) (amend. – SG 73/06, in force from 06.10.2006) The right shall have effect with
regard to third good faith persons from the date of publishing the registration of the design.
Restrictions of the rights over a design
Art. 20. The right of Art. 19 shall not cover:
1. the use of design when it is implemented for personal needs or with experimental
objective;
2. the use of design with objective citing or training if this use is compatible with the
good faith commercial practice and does not damage without grounds the normal use of the
design and under the condition that the source is pointed out;
3. the use of the design in foreign land, sea or air vehicles which temporary or
occasionally enter the territory of the country and in which it is applied exclusively for their
needs as well as at the import of spare parts and auxiliary devices with objective their use at
repair of these vehicles.
Depletion of the right over a design
Art. 21. (1) (suppl. – SG 73/06, in force from the date of coming into effect of the
Treaty of Accession of the Republic of Bulgaria to the European Union) The owner of the right
over a design cannot prohibit the use of products pointed out in the registration in which is
included or to which has been applied the registered design when the products are released on
the market on the territory of the Member States of the European Union, respectively of the
European Economic Area by him or with his consent.
(2) The provision of para 1 shall not be applied when the owner of the right over a
design is able to obstruct following sales when the products are changed or falsified.
Possession of the right over a design
Art. 22. (1) The right over a design shall be possible to belong to one or more persons.
(2) When the right over a design belongs to two or more persons any co-owner shall
be able to use it without the consent of the other and without accounting for this before them
unless other has been agree among them in writing.
Previous use
Art. 23. A person who till the date of submitting an application for registration of a
design has use in good faith the design on the territory of the Republic of Bulgaria or who has
implemented the necessary preparation for this shall have the right to use it in the same extent
also after this date.
Section II.
Disposition
Transfer
Art. 24. (1) All the rights under this Act as far as other is not provided in it can be
transferred.
(2) If the right over a design is owned by two or more persons it shall be transferred
with the consent of all co-owners.
(3) (new – SG 43/05) At multiple application shall be admitted transfer of the right
over all designs or over some of them
(4) (prev. (3 – SG 43/05; amend. – SG 35/10, in force from 12.08.2010) The transfer
shall be entered in the State register of industrial design upon application by one of the parties
to which shall be attached the document for transfer and it shall have effect with regard to third
parties from the date of entering.
Transfer of the right ensuing from the previous use
Art. 25. The right ensuing from the previous use shall be possible to be transferred
only with the commercial enterprise where it has emerged.
License contract
Art. 26. (1) (suppl. SG 43/05) The owner of the right over a design shall be able to
permit the use of the design with a license contract. A permission for the use of a design which
is joint ownership of two or more persons shall be given with written consent of all the co-
owners unless other has been agreed among them. At multiple application the right to use can
be conceded with regard to all designs or some of them.
(2) The license can be exclusive or not exclusive. When other has not been agreed the
license shall be considered not exclusive.
(3) The grantor of the license shall not have right to concede licenses with the same
subject to other persons. He shall have right to use the license himself only if this is explicitly
agreed.
(4) (amend. SG 43/05; amend. – SG 35/10, in force from 12.08.2010) The license
contract shall be entered in the State register of the industrial designs upon application by one
of the parties. To the application shall be attached an excerpt of the contract. The patent
department shall issue certificate for the entering.
(5) The excerpt of the license contract shall contain the identification data of the license
grantor and of the licensed person, the registration number of the design, the term of the
contract, the signatures and/or the stamps of the parties.
(6) The license contract shall have effect with regard to third parties from the entering
in the State register of the industrial designs.
Right over industrial design as subject of security
Art. 26a. (new – SG 43/05; amend. – SG 35/10, in force from 12.08.2010) (1) The
right in industrial design can be subject, without notifying the defendant party, shall admit also
any of the following security measures:
1. prohibition to use the rights in the design by the owner or a licensee;
2. prohibition to dispose of the rights in the design by the owner or by the licensee of
an exclusive license.
(2) The imposition of the security measure shall be effected immediately by the bailiff
pursuant to the security order of the court.
(3) The bailiff shall impose the security measure under Para 1 by filing the imposition
notification with the owner of the design.
(4) The security admitted by the court shall be entered in the State designs upon
application by any of the parties to the claim. The application must contain data about the owner
of the design and the person in whose favour the security has been admitted, and data about the
security measure. To the application shall be attached the document for admission of the
security.
(5) The security under Para 1 – 4 shall have effect with regard to the owner of the
design or the exclusive licensee from the date of receipt of the notification for imposition of the
security measure, and in respect of third parties – from the date of entry of the security into the
State Register of the Industrial Designs.
Right over industrial design as subject of special pledge
Art. 26b. (new – SG 43/05) (1) (suppl. – SG 73/06, in force from 06.10.2006) The right
over registered industrial design can be subject to special pledge. At multiple application as
subject to special pledge can be conceded the right over all or over some of the designs
(2) For entering the special pledge in the State register of the industrial designs shall
be applied the provisions of Art. 26 – 31 of the Registered Pledges Act. To the pledger a
certificate shall be issued.
(3) The pledge shall have effect with regard to third persons from the publication in
the official bulletin of the Patent department.
Right over industrial design in the bankruptcy estate.
Art. 26c. (new – SG 43/05) (1) (suppl. – SG 73/06, in force from 06.10.2006) The right
over registered industrial design shall be included in the bankruptcy estate at formed procedure
for insolvency of his owner.
(2) At common industrial design in the property of the debtor shall be included only
the rights according to his share.
(3) (amend. – SG 35/10, in force from 12.08.2010) When the rights over the industrial
design are included in the bankruptcy estate this fact shall be entered in the State register of the
industrial designs upon application by one of the parties in the case and it shall be published in
the official bulletin of the Patent department.
Section III.
Termination of the effect and deleting of the registration
Termination of the effect of the registration
Art. 27. (1) The effect of the registration shall be terminated with:
1. the elapse of the term of Art. 15;
2. the refusal of the owner;
3. the termination of the corporate body - owner of the design without legal succession.
(2) (amend. – SG 35/10, in force from 12.08.2010) The termination of para 1, item 3
shall be implemented at request by any person.
(3) With the termination of the effect of the registration the right over the design shall
be extinguished.
Refusal of right over a design
Art. 28. (1) The owner of the right over a design shall be able to refuse his right over
it.
(2) The refusal of one or several of the co-owners shall not lead to termination of the
legal protection.
(3) The refusal of right shall be able to be implemented with regard to all designs or
some of them for which the registration has been implemented.
(4) When there is an entered license contract the refusal of right over a design shall be
entered only after the owner of the right over the design presents a proof that he has notified
the licensed person about his intention to refuse his right over a design. In this case the entering
shall be implemented after the elapse of two months term after presenting the proof.
(5) The refusal of right over a design shall be made with a written declaration to the
chairman of the Patent department.
(3) The refusal shall have effect from the date of entering in the State register of the
industrial designs.
Deleting of the registration
Art. 29. (1) The registration shall be deleted at request by any person when the design:
1. has been registered in contradiction with Art. 3 or Art. 11, para 1;
2. has been excluded from protection according to Art. 11, para 2;
3. (amend. – SG 35/10, in force from 12.08.2010) is identical in the sense of Art. 12,
para 2 to a design that has become generally available in any way before the date of submission
of the application, respectively before the priority date, anywhere in the world, or is identical
to a design in an application preceding the date of the application for registration, respectively
the priority date, that has been registered nationally or internationally or as a Community
Design;
4. (revoked – SG 43/05)
5. has been registered not observing the requirements of Art. 2.
(2) (new – SG 43/05) Registration shall be deleted upon request of a person with legal
interest when the use if the design can be prohibited pursuant to:
1. earlier copyright of this person under the Copyright and Related Rights Act;
2. earlier right to industrial property of this person who uses the protection under other
Act.
(3) (prev. (2) – SG 43/05) When the grounds for deleting refer to part of the designs
included in a multiple application the registration shall be deleted for only this part.
(4) (prev. (3) – SG 43/05; amend. – SG 35/10, in force from 12.08.2010)The
registration shall also be deleted when by a claim order has been established that the entered
owner is not one of the persons pointed out in Art. 16, and in one month term after the court
decision enters into force no application has been received for entering the actual owner.
(5) (prev. (3), amend. SG 43/05; amend. – SG 35/10, in force from 12.02.2011) The
registration may be deleted also by the Patent Office ex officio, if the registered design does
not meet the requirements of Art. 3 and Art. 11, Para 2, Item 1.
Legal consequences of the deleting
Art. 30. (1) The deleting of the registration shall have effect from the date of submitting
the application.
(2) The deleting of the registration shall not affect:
1. the decision about claims for breach that have entered into force as far as they have
been implemented before the deleting;
2. the license contracts as far as they have been fulfilled before the deleting unless
other has been agreed.
Chapter three.
PROCEDURES AT THE PATENT DEPARTMENT
Submitting an application
Art. 31. (1) (amend. – SG 35/10, in force from 12.02.2011, amend. - SG 85/17) The
application for registration of a design shall be submitted to the Patent Office personally or
through a representative, by mail, by fax or electronically. When the application was filed
electronically no identification through a unique identification of the applicant or of the
industrial property representative, or electronic signature in the sense of the Regulation (EU)
No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic
identification and trust services for electronic transactions in the internal market and repealing
Directive 1999/93/EC (OB, L 257/73 of 28 August 2014) and Electronic Document and
Electronic Trust Services Act shall be necessary.
(2) For the date of submitting the application shall be considered the date on which at
the Patent department have been received:
1. the application for registration;
2. the name and the address of the applicant;
3. one or several graphic or photographic images revealing clearly and
comprehensively the design for which protection is required.
Contents of the application
Art. 32. (1) The application shall apart from the data of Art. 31, para 2 contain also:
1. (amend. – SG 43/05; amend. – SG 35/10, in force from 12.08.2010) the name of the
state which citizen is the applicant where he has permanent address or a seat.
2. the name and the address of the representative of industrial property when he is
empowered, and the empowering letter;
3. claims for priority when there is reference to such;
4. copy of the image of the design;
5. the number of the designs for which protection is required;
6. pointing out of the products where it is included or to which the design has been
applied;
7. (amend. – SG 35/10, in force from 12.08.2010) instruction about the identification
index of the products according to the International Classification of the Industrial Designs
according to the Agreement of Leghorn.
8. description of the presented images;
9. name and address of the author;
10. a document for paid fees for application, expertise and priority;
11. (new – SG 73/06, in force from 06.10.2006; amend. – SG 35/10, in force from
12.08.2010)
12. (new – SG 35/10, in force from 12.02.2010) application for deferment of the
publication of the registration according to Art. 48a.
(2) In the application shall be possible to be included on initiative of the applicant also
a short description of the peculiarities of the design.
(3) (amend. – SG 35/10, in force from 12.02.2010) The documents and the data shall
be presented in Bulgarian language. When they are presented in another language the date of
submitting shall be preserved if in two months after this date they are presented in Bulgarian
language.
Multiple application
Art. 33. (1) (amend. – SG 35/10, in force from 12.08.2010) Several designs shall be
possible to be included in a multiple application under the condition that the products they are
included in or to which the designs have been applied to the designs belonging to one class of
the International Classification of the Industrial Designs according to the Agreement of Leghorn
or to one and the same set or composition of articles.
(2) (new – SG 43/05)When the multiple application refers to ornaments for the
products in which are included or applied the designs the conditions of para 1 shall not be
applied.
(3) (prev. (2) – SG 43/05 For each following design after the first one included in the
multiple application additional, fees shall be paid.
Partition of the application
Art. 34. (1) (amend. – SG 35/10, in force from 12.02.2011) The applicant shall have
the right to separate the application till the decision about t. The independent applications shall
have priority of the initially submitted application if they have been received in two months
term after the separation.
(2) (amend. – SG 35/10, in force from 12.02.2011) The Patent department shall
propose to the applicant in two months term to separate an application submitted in a national
way if it does not comply with the conditions of Art. 33. The independent applications for the
different parts shall have priority of the initially submitted application if they have been
received in this term.
Right to priority
Art. 35. (1) From the date of submitting the application according to Art. 31, para 2 to
the applicant shall be recognised the right of priority in comparison with later submitted
applications for registration of identical designs.
(2) Right to priority of the applicant shall be recognised from the date of the previous
application under the condition that:
1. the previous application has been regularly submitted in the Republic of Bulgaria,
in a member country of the Paris convention or of the World Trade Organisation;
2. the previous application is first application is first application in the sense of Art. 4
of the Paris convention and in it the same design has been found;
3. the application has been submitted to the Patent department in 6 - months term from
the date of submitting the previous application;
4. the claim for priority has been made at latest in 2 - months term from the date of
submitting the application according to Art. 31, para 2 pointing out the date and the country of
the previous application; and
5. in three months term after the date of submitting the application the applicant pays
fee for priority and presents priority certificate issued by the competent body of the country
where the previous application has bee submitted.
(3) Regularly submitted application of para 2, item 1 shall be an application with
established date of submitting regardless of its further development.
(4) At multiple application shall be possible to be claimed right to priority on the basis
of more than one previous application if the conditions of para 2 have been fulfilled.
Formal expertise
Art. 36. (1) (amend. – SG 73/06, in force from 06.10.2006; amend. – SG 35/10, in
force from 12.08.2010) For each application shall be checked whether the requirements of Art.
31, para 2 for establishing date of submission have been met. When these requirements have
not been met the application shall be deemed, as if it has not been submitted.
(2) (new – SG 43/05; amend. – SG 73/06, in force from 06.10.2006; amend. – SG
35/10, in force from 12.02.2011) For each application with establish date of submitting shall be
checked whether is attached to document for paid fees for applying, expertise and deferment of
the publication of the registration, if requested. When such document is not attached to the
applicant shall be given one-month term for removing this defect. The fees can be paid in double
amounts within two months from expiration of this term. If in this term the fees are not paid the
application shall be considered withdrawn.
(3) (prev. (2), amend. SG 43/05; amend. – SG 73/06, in force from 06.10.2006; amend.
– SG 35/10, in force from 12.02.2011) In two months term after presenting the document for
paid fees formal expertise shall be implemented at which shall be checked whether the
requirements of Art. 32, para 1, item 1 – 9, Art. 33, Art. 34 are met. In case defects are found,
the applicant shall be provided with two-month term for removing them.
(4) (prev. (3), amend. SG 43/05) When within the term of para 3 the applicant does
not remove the shortcomings the production activities shall be terminated.
(5) (new – SG 73/06, in force from 06.10.2006) With respect to each application, for
which a priority is claimed, shall be checked whether the requirements under Art. 35, para 2 are
satisfied. In case it is ascertained that the claim for priority is not implemented according to
these requirements, it shall not be considered favourably and the applicant shall be informed
thereof.
Publication of the application
Art. 36a. (new – SG 73/06, in force from 06.10.2006; revoked – SG 35/10, in force
from 12.02.2011)
Objection against the registration of the design
Art. 36b (new – SG 73/06, in force from 06.10.2006; revoked – SG 35/10, in force
from 12.02.2011)
Registration procedure (Title amend. – SG 35/10, in force from 12.02.2011)
Art. 37. (1) (amend. – SG 73/06, in force from 06.10.2006; amend. – SG 35/10, in
force from 12.02.2011) In two-month term from the expiry of the term under Art. 36, para 3,
an expertise shall be carried out whether the declared design:
1. is a design in the sense of Art. 3;
2. is not excluded from protection according to Art. 11, Para 2, Item 1.
(2) (new – SG 43/05; revoked – SG 35/10, in force from 12.02.2011)
(3) (prev. (2), amend. SG 43/05; amend. – SG 35/10, in force from 12.02.2011) When
there is ground for refusal of registration of the declared design the applicant shall be notified
about this all the motives being pointed out and giving two-month term for appeal.
(4) (prev. (3), amend. SG 43/05) When within the term of para 3 the applicant does
not make grounded objections decision for refusal of registration shall be taken.
(5) (prev. (4), amend. SG 43/05; amend. – SG 73/06, in force from 06.10.2006; suppl.
– SG 35/10, in force from 12.02.2011) When it is established that the declared design could be
registered, a notification shall be sent to the applicant, and he/she shall be given one month term
for payment of the fees for registration, issue of a certificate for registration and publication.
Within one month from expiration of this term the fees can be paid double the amount.
(6) (new – SG 73/06, in force from 06.10.2006) When the fees under para 5 are paid,
a decision for registration of the design shall be taken and in one-month term a certificate for
registration shall be issued. If the fees are not paid, the application shall be considered
withdrawn.
(7) (new – SG 43/05; prev. text of para 6 - SG 73/06, in force from 06.10.2006; amend.
– SG 35/10, in force from 12.02.2011) When there is ground for refusal of the registration of
part of the declared designs, included in multiple application the applicant shall be notified
about this pointing out all motives and giving him two months for answer. If in this term the
applicant does not answer decision shall be taken for full or partial refusal of the registration.
(8) (new – SG 35/10, in force from 12.02.2011) A state expert who shall also carry out
the correspondence regarding the application shall take decisions regarding design registration
applications.
Withdrawal, restriction and changes of the application
Art. 38. (1) Till the decision about the application is taken the applicant shall be able
to withdraw it with regard to all the designs or part of them.
(2) In the application shall not be possible to be entered changes except when there is
change in the name or the address of the applicant or it is necessary admitted mistakes in the
name or the address of the applicant and obvious mistakes to be corrected under the condition
that these corrections do not affect the design.
(3) (amend. – SG 35/10, in force from 12.08.2010) The changes of para 2 shall be
implemented at request by the applicant.
Renewal of the registration
Art. 39. (1) (amend. – SG 35/10, in force from 12.08.2010) The registration of a design
shall be renewed at application by the owner of the right over the design containing the
registration number and accompanied with a document for paid fee.
(2) (amend. – SG 35/10, in force from 12.08.2010) The application for renewal shall
be possible to be submitted in the last year of the term of Art. 15, para 1 or against payment of
additional fee up to 6 months after the elapse of this term.
(3) When the requirements of para 2 are not met the renewal of the registration shall
be refused with a decision of the chairman of the Patent department.
(4) (amend. – SG 35/10, in force from 12.08.2010) When the owner requires renewal
of the registration of only some of the designs, in the application there designs shall be pointed
out.
(5) The renewal shall have effect from the day following the date on which the term
of the previous registration expires.
Changes of the name and the address of the owner
Art. 40. (1) The owner of the right over a design shall be obliged to notify on time the
Patent department in writing about each change in the name or the address.
(2) The change shall be entered in the State register of the industrial designs at request
by the owner.
(3) All the documents about which the owner of the right over a design has to be
notified shall be sent to the address entered last in the State register of the industrial designs.
Considering of disputes
Art. 41. (1) The division for disputes of the Patent department shall consider:
1. (amend. SG 43/05; amend. – SG 73/06, in force from 06.10.2006) appeals against
decisions of Art. 37, para 4 and 7 for refusal of the registration;
2. (amend. SG 43/05) appeals against decisions of Art. 36, para 4 for termination of
the procedure;
3. claims for deleting the registration.
(2) (suppl. SG 43/05; amend. – SG 73/06, in force from 06.10.2006) The members of
the boards of the division for disputes at the Patent department for considering the appeals shall
consist of two state experts and lawyer and the members of the boards for considering the claims
- of three state experts and two lawyers. The members shall be appointed by the chairman of
the Patent department.
(3) (amend. SG 43/05) The members of para 2 shall prepare statements for taking
decisions under Art. 44 and 45.
(4) (new – SG 35/10, in force from 12.02.2011) The dispute procedure shall be
regulated in an ordinance of the Council of Ministers.
Terms
Art. 42. (1) The appeal shall be submitted in 3 - months term after the announcement
of the decision.
(2) The claim can be submitted during the whole term of effect of the registration and
after it - only by the defendant of a claim for breached rights.
(3) (revoked – SG 43/05)
Contents of the appeals and the claims
Art. 43. (1) The appeal shall contain data about the appealing person, data about the
application and objections against the decision for refusal.
(2) (amend. SG 43/05) The claim shall be in two copies and shall contain data about
the claimant, data about the legal interest of the claimant when this is required a swell as proofs
when this is necessary.
(3) (amend. SG 43/05) To the appeals and the claims shall be attached document for
paid fee.
Check for admissibility and formal regularity of the appeals and the requests
Art. 43a. (new – SG 43/05) (1) Foe each appeal shall be checked whether the term of
Art. 42, para 1 has been observed and whether document for paid fee under Art. 43, para 3 has
been presented.
(2) For each claim shall be checked whether document for paid fee of Art. 43, para 3
has been presented and whether these is legal interest when this is required.
(3)When to the appeal or the claim at not attached document for paid fee or in the
claim the legal interest is not explained to the applicant or to the claimant shall be given one
month for removal of the defects.
(4) Appeals which are not submitted in the term of Art. 42, para 1 and/or for which fee
has not been paid and/or legal interest has not been proven shall be not admissible and
procedures for them shall not be formed.
(5) For each admissible appeal or claim shall be checked whether it meets the
remaining requirements of Art. 43. When defects are established the appellant, respectively the
claimant shall respectively be notified and he will be given one month for removing them. The
procedures for appeals and claims in which the defects are not removed in this term the
procedure shall be terminated.
Decisions about the appeals
Art. 44. (1) (amend. SG 43/05; amend. – SG 35/10, in force from 12.08.2010) When
the appeal is ungrounded decision for confirmation of the decision for refusal of registration or
for termination of the procedure shall be taken.
(2) (suppl. SG 43/05; amend. – SG 35/10, in force from 12.08.2010) When the appeal
is grounded the decision for refusal shall be repealed and a decision about registration or
returning of the application for second consideration or for renewal of the procedure shall be
taken.
(3) (amend. – SG 35/10, in force from 12.08.2010) When a decision for refusal at
second considering of the application is repealed, a decision in essence shall be taken.
(4) (new – SG 43/05) The decision on the appeal shall be taken in three months term
after its submitting or the removal of the defects in case such have been established.
(5) (new – SG 35/10, in force from 12.08.2010) The decisions under Para 1 - 3 shall
be taken by the chairman of the Patent Office or by the deputy-chairman, authorised by an order
in writing.
Procedure about the claims
Art. 45. (1) (amend. SG 43/05) The one copy of the claim shall be sent to the owner of
a right over the design and 3 months term shall be given to him for objection.
(2) (amend. – SG 35/10, in force from 12.08.2010) When the claim is ungrounded a
decision for rejecting it shall be taken.
(3) (amend. – SG 35/10, in force from 12.08.2010) When the claim is grounded a
decision for full or partial deleting of the registration shall be taken.
(4) In the cases of partial deleting the issued certificate for registration shall be
substituted by a new one.
(5) (new – SG 43/05) The members of Art. 41, para 2 may require from the parties
additional proofs and materials when necessary. They shall be presented to the other party for
written statement in one month term.
(6) (new – SG 43/05; amend. – SG 35/10, in force from 12.08.2010) The decisions on
the request for deleting shall be taken in 6-month term after the collecting of the proofs of para
5 has finished.
(7) (new – SG 35/10, in force from 12.08.2010) The decisions under Para 2 and 3 shall
be taken by the chairman of the Patent Office or by the deputy-chairman, authorised by an order
in writing.
Extension of terms
Art. 46. (amend. SG 43/05; amend. – SG 35/10, in force from 12.08.2010) The terms
of Art. 36, para 3, Art. 37, para 3 and Art. 45, para 1 shall be possible to be extended once for
the same term but not more than two times upon request by the applicant or the owner submitted
before their elapse. The request shall not be respected if to it document for paid fee is not
attached.
Restoration of terms
Art. 47. (amend. – SG 35/10, in force from 12.08.2010) Terms missed due to special
and unpredicted circumstances shall be possible to be restored at request by the applicant or the
owner of a right over a design. The application shall be submitted in 3 months after the reason
for missing the term is not valid any more but not later than one year after the elapse of the
missed term. The decision for restoration of the term shall be taken by the chairman of the
Patent department.
Publication in the official bulletin
Art. 48. In the Official bulletin of the Patent department shall be published all the
registered designs and the subsequent changes thereof.
Deferment of the publication of the registration
Art. 48a. (new – SG 35/10, in force from 12.02.2011) (1) The applicant for a design
may request, when filing the application, that the publication of the design, if registered, be
deferred for a period of 30 months from the date of filing the application or from the date of
priority. The application for deferment of the publication of the registration shall be
accompanied by proof for payment of fees.
(2) In the event of a multiple application the request for deferment of the publication
may concern only some of the designs.
(3) When a decision for registration of the design is taken, it shall be entered into the
State Register of the Industrial Designs, but no public access to the registered design or its file
shall be granted.
(4) A notification for deferment of the publication of the registered design shall be
published in the official bulletin of the Patent Office, containing identity data of the owner of
the design, filing date of the application or priority date and registry number of the design.
(5) Information about the registered design and access to its file shall be provided with
the consent in writing of the holder or if the interested person proves that court proceedings
have been initiated against him for infringement of the design.
Request for publication
Art. 48b. (new – SG 35/10, in force from 12.02.2011) (1) Requests for publication of
registration shall be filed by the holder of the design before the 27th month from the filing date
of the application and shall be accompanied by proof for payment of fees for publication, and
in the event of a multiple application – proof for payment of additional fees depending on the
number of designs.
(2) Where no proof for payment of fees accompanies the request, the holder shall be
given one month for their payment within the time limit under Art. 48a, Para 1.
(3) Where no request for publication and/or no fees have been paid within the time
limit specified in Para 1, the design application shall be deemed withdrawn.
Publication after expiration of the deferment period
Art. 48c. (new – SG 35/10, in force from 12.02.2011) Where the request for publication
has been filed within the term under Art. 48b, Para 1 and the fee for publication has been paid,
publication of the registration of the design shall be made in the official bulletin of the Patent
Office immediately after the expiration of the 30-month time limit. The publication shall
contain mandatory indication that the application contains a request for deferment of the
publication.
Court control
Art. 49. (amend. - SG 30/06, in force from 01.03.2007) The decisions of the chairman
of the Patent department of Art. 44, para 1 and 3 and Art. 45, para 2 and 3 shall be possible to
be appealed against before the Administrative court – city of Sofia in 3 months term after the
date of receiving the notification about taken decision.
Chapter four.
REGISTRATION OF INDUSTRIAL DESIGN UNDER THE ORDER OF THE
HAGUE AGREEMENT (TITLE AMEND. – SG 35/10, IN FORCE FROM 12.08.2010)
International registration of the industrial designs
Art. 50. (amend. – SG 35/10, in force from 12.08.2010) (1) International registration
of design shall be registration implemented by the of the International Bureau of the
International organization for industrial property, called hereinafter "the international bureau"
by the order of the Hague agreement, called hereinafter "the Agreement", according to the
Hague Act of 1960 and the Geneva Act of 1999 of the Agreement.
(2) With regard to third persons the international registration shall have effect on the
territory of the Republic of Bulgaria from the date of expiry of the 6 months term of Art. 8, para
1 of the Hague Act of 1960 and Art. 12, Para 1 and 2 of the Geneva Act of 1999 of the
Agreement correspondingly.
(3) When, within the term under Para 2, there is no rejection of the application or when
the rejection has been withdrawn, the international registration, the Republic of Bulgaria being
a designated state, shall have the same effect, as if the design application was directly filed and
registered on the territory of the Republic of Bulgaria, from the date of the international
registration.
Term of effect of the international registration
Art. 51. (amend. – SG 35/10, in force from 12.08.2010) The term of validity of the
international registration on the territory of the Republic of Bulgaria shall be determined in
compliance with this Act, commencing on the date of the registration in the International
Designs Bulletin of the World Intellectual Property Organisation.
Procedure at the Patent department
Art. 52. (amend. – SG 35/10, in force from 12.08.2010) (1) Within 6 months from the
date of publication of the international registration, the international application, the Republic
of Bulgaria being a designated state, shall be examined for compliance of the design with the
definition under Art. 3 and whether the design is excluded from protection pursuant to Art. 11,
Para 1, Item 1.
(2) If there are grounds for rejection, a notification for full or partial rejection of the
registration on the territory of the Republic of Bulgaria shall be sent to the International Bureau,
stating the reasons and providing possibility for objection according to this Act.
Submitting international application
Art. 53. (Amend. – SG 43/05; amend. – SG 35/10, in force from 12.08.2010) (1)
Individuals or corporate bodies with permanent address or really existing and operating
production or commercial enterprise in the Republic of Bulgaria shall be able to submit
international applications under the Agreement at the international bureau through the Patent
department of the Republic of Bulgaria.
(2) The Patent Office shall send the application to the International Bureau within one
month from its receipt.
(3) The international registration fees shall be paid by the applicant to the International
Bureau.
(4) When the international application is filed with the Patent Office, it shall be
accompanied by proof for payment of the forwarding fee.
International application for which the Republic of Bulgaria is country of origin
Art. 54. (amend. – SG 35/10, in force from 12.08.2010) International application with
regard to which the Republic of Bulgaria is country of origin shall not have effect on the
territory of the Republic of Bulgaria.
Chapter four "a".
COMMUNITY DESIGN (NEW – SG 73/06, IN FORCE FROM THE DATE OF
COMING INTO EFFECT OF THE TREATY CONCERNING THE ACCESSION OF
THE REPUBLIC OF BULGARIA TO THE EUROPEAN UNION)
Registration and effect of the Community design
Art. 54a. (new – SG 73/06, in force from the date of coming into effect of the treaty
concerning the accession of the Republic of Bulgaria to the European Union) (1) The
Community design is a design, registered at the Office for Harmonisation in the Internal Market
(trademarks and designs) under the terms of and by the manner of the Council Regulation (EC)
No 6/2002 of 12 December 2001 on Community designs, called hereinafter “the Regulation”,
or non-registered design within the meaning of Art. 1 of the Regulation.
(2) The application for Community design with ascertained submission date,
respectively priority date, shall be considered as regularly submitted on the territory of the
Republic of Bulgaria.
(3) The Patent department of the Republic of Bulgaria is a central department on
industrial property within the meaning of the Regulation.
(4) The chairman of the Patent department shall issue a certificate for the registration
of representatives of the industrial property before the Office for Harmonisation in the Internal
Market and shall undertake the necessary measures thereof according to the requirements of the
Regulation.
Application for Community design
Art. 54b. (new – SG 73/06, in force from the date of coming into effect of the treaty
concerning the accession of the Republic of Bulgaria to the European Union) (1) The
application for Community design shall meet the requirements of Art. 36 of the Regulation.
(2) The application for registration of Community design shall be submitted directly
at the Office for Harmonisation in the Internal Market or through the Patent department.
(3) In case the application is submitted at the Patent department, it shall be
accompanied by a document for paid fee for its redirection.
(4) The patent department shall send the application to the Office for Harmonisation
in the Internal Market in two weeks term from its receipt.
Protection of the Community design
Art. 54c. (new – SG 73/06, in force from the date of coming into effect of the treaty
concerning the accession of the Republic of Bulgaria to the European Union) (1) The civil law
enforcement at infringement of the rights over Community design shall be implemented
following the procedure, provided for in the Regulation.
(2) In case the claims and measures, related to the protection of Community design,
are filed and required in the Republic of Bulgaria according to Regulation, the Bulgarian
legislation shall be applied, unless otherwise provided for in the Regulation.
(3) The claims under para 2 shall be within the jurisdiction of the Sofia City Court as
a first instance and of Sofia Appellate Court as a second instance, which are Community design
courts within the meaning of the Regulation.
Subsidiary application of the decisions
Art. 54d. (new – SG 73/06, in force from the date of coming into effect of the treaty
concerning the accession of the Republic of Bulgaria to the European Union) With respect to
the issues, that are not settled by this Act, the provisions of the Regulation for shall be applied.
Chapter five.
CIVIL LEGAL PROTECTION
Breach of the right over the design
Art. 55. Any use of art. 19, para 2 in the commercial activity of registered design
without the consent of the owner of the right over a design shall constitute breach of the right
over the design.
Right to claim
Art. 56. (1) (amend. – SG 73/06, in force from 06.10.2006) The owner of the right over
a design, as well as the licensee of exclusive license shall have an individual right to claim for
infringement.
(2) (revoked – SG 73/06, in force from 06.10.2006).
(3) The licensed person with not exclusive license shall be able to present a claim only
wit the consent of the owner unless other is provided in the contract.
Claims for infringement
Art. 57. (1) The claims for breaches of the rights under this Act shall be possible to be:
1. claim for establishing the fact of the infringement;
2. claim for termination of the infringement;
3. claim for indemnification of damages;
4. (new – SG 73/06, in force from 06.10.2006) claim for seizure and destruction of the
products, subject matter of the infringement, as well as the means for its commitment.
(2) (amend. – SG 73/06, in force from 06.10.2006) Simultaneously with the claim
under para 1 the claimant may also require in court:
1. (amend. – SG 73/06, in force from 06.10.2006) the products, subject matter of the
infringement to be conceded to him/her;
2. (new – SG 73/06, in force from 06.10.2006) the expenses, related to the conservation
and the destruction of the products, subject matter of the infringement, to be paid to him/her;
3. (prev. text of item 2, amend. – SG 73/06, in force from 06.10.2006) disclosure of
the operative provisions the court decision in two daily newspapers and in television
organization with national coverage at time determined by the court, for the account of the
infringer.
Assessment of the indemnification
Art. 57a. (new – SG 73/06, in force from 06.10.2006) (1) Indemnification shall be due
for all for property and non-property damages and lost profits, which are direct and immediate
consequence of the infringement.
(2) When assessing the amount of the indemnification, the court shall also take into
account all consequences, connected to the infringement, as well as the income, obtained as a
result of the infringement.
(3) The court shall determine fair indemnification having preventive and warning
influence to the infringer and the other members of the society.
Special cases of indemnification
Art. 57b. (new – SG 73/06, in force from 06.10.2006) (1) Where the claim has been
determined by ground but there is no sufficient data about its amount, the claimant may require
as indemnification:
1. from 500 to 100 000 BGN, where the exact amount shall be determined by
assessment of the court under the conditions of Art. 57a, para 2 and 3, or
2. the equivalent of the products, subject matter of the infringement at retail price of
lawfully manufactured products, in which is incorporated or to which is applied design within
the scope of protection.
(2) At determining the indemnification referred to in para 1, the revenues received as
a result of the infringement shall also be taken into consideration.
Seizure of products, subject matter of infringement
Art. 57c. (new – SG 73/06, in force from 06.10.2006) Seizure of the products under
art. 57, para 1, item 4, subject matter of infringement, may be requested both with regards to
products, being at a certain place, and with regards to products, being in the commercial
network.
Responsibility
Art. 57d. (new – SG 73/06, in force from 06.10.2006) The legal persons and the sole
entrepreneurs shall bear civil responsibility for the infringement of rights under this Act guiltily
committed by the persons representing them, by their employees or by persons hired by them.
In this case the guilt shall be assumed until the contrary is proved.
Providing evidence in claim and security procedures
Art. 57e. (1) (new – SG 73/06, in force from 06.10.2006) Where the claimant has
presented evidence supporting his/her claims and has also pointed out other evidence of
significance for solution of the case, which is under the control of the defendant, the court can
oblige the defendant to present the evidence.
(2) Under the conditions of para 1, upon request of the claimant, the court may oblige
the defendant to provide opportunity for acquainting with bank, financial and commercial
documents which are under his/her control.
(3) The claimant shall be obliged not to disclose the information contained in the
documents under para 2.
(4) The presentation of evidence for single or one time unlawful use of protected
subject matter under this Act shall be considered sufficient ground for applying the provisions
of para 1 and 2.
(5) The existence of the circumstances connected with claimed infringement may also
be ascertained by presentation of evidence for single or one time unlawful use of subject matter
protected under this Act.
Requesting information about the origin and the distribution networks upon
infringement
Art. 57f. (new – SG 73/06, in force from 06.10.2006) (1) Upon request by the claimant,
the court may oblige the defendant or third person to present information about circumstances
which are of importance for solving the case.
(2) Third person in the sense of para 1 shall be each person who:
1. holds goods – subject of infringement, or
2. provides services, leading to infringement, or
3. uses services representing infringement, or
4. has been pointed out by person under items 1 – 3 as a participant in the
manufacturing, production or distribution of these products or services.
(3) The information referred to in para 1 may include:
1. the names and the addresses of the producers, distributors, suppliers and other
persons who have been previously holders of the products or the services as well as the
supposed wholesale and retail distributors;
2. information about the produced, supplied, received or ordered quantities as well as
the resources received for the products or services in question.
(4) Para 1 shall not be applied in case its implementation may lead to infringement of
a provision of another Act.
(5) The provisions of para 1 – 3 shall be applied only for acts carried out for direct or
indirect economic or commercial benefit.
Temporary Measures (Title amend. - SG 59/07, in force from 01.03.2008
Art. 57g. (new – SG 73/06, in force from 06.10.2006) (1) (amend. – SG 59/07, in force
from 01.03.2008) In case of infringement of right over design, or where enough data is available
to consider that such infringement will be committed or some evidence will be lost, destroyed
or concealed, the court, upon request by the owner of the respective right or by the licensee of
exclusive license may, without informing the respondent arty, also admit some of the following
measures:
1. prohibition of carrying out activities which is claimed to constitute or will constitute
illegal use of design;
2. seizure of the products, which are claimed to have illegally used design, as well as
other evidence of importance for proving the infringement;
3. sealing of the premises in which it is alleged that infringement is committed or will
be committed.
(2) (amend. – SG 59/07, in force from 01.03.2008) The admission, imposing and
revocation of the provisional measures shall be carried out according to the order referred to in
Art. 389 - 403 of the Civil Procedure Code, with exception of Art. 398, first sentence and as
much as this Act does not stipulate otherwise.
(3) (amend. – SG 59/07, in force from 01.03.2008) The provisional measure
prohibition of carrying out activity shall be imposed by its announcement by the court.
(4) (amend. – SG 59/07, in force from 01.03.2008) The provisional measures under
para 1, item 2, 3 and 4 shall be imposed by a bailiff who shall carry out the act simultaneously
with the handing over of the announcement for imposition of the measure within three days
after receiving the application of the claimant to the bailiff. The provisional measure admitted
for prevention of forthcoming infringement shall be imposed within a term complied with its
purpose. The seized property shall be provided with an inventory to be kept by the claimant
who can use it solely as an evidence.
(5) (amend. – SG 59/07, in force from 01.03.2008) The claimant or his/her
representative shall have the right to attend and assist the imposition of the provisional
measures.
(6) (amend. – SG 59/07, in force from 01.03.2008) The provisional measure referred
to in para 1, item 1 may be imposed also to third persons for whom sufficient data is available
that they facilitate the performance of the activity for which is claimed that represents or will
represent unlawful use.
(7) The owner of the right over a design or the licensee of exclusive license shall be
obliged not to disclose the information that has become known to him/her at or on occasion of
the measures referred to in para 1.
Claims for official design
Art. 58. (1) Any interested person shall be able to present a claim for establishing
official design.
(2) The claim shall be presented at latest in one year after the registration is known.
(3) At disputes of Art. 17, para 2 the party not agreeing with the determined
remuneration shall be able to present a claim about its extent.
Claims for preliminary use
Art. 59. Any interested person shall be able to present a claim for establishing
preliminary use.
Claims for authorship and co-authorship
Art. 60. (1) a person claiming authorship or co-authorship of a design shall be able to
present a claim during the whole term of effect of the registration.
(2) on the basis of a court decision entered into force the Patent department shall enter
the author into the State register of the industrial designs.
Security measures
Art. 60a. (1) (amend. – SG 59/07, in force from 01.03.2008; revoked – SG 35/10, in
force from 12.08.2010)
Jurisdiction
Art. 61. (amend. - SG 30/06, in force from 12.07.2006; amend – SG 73/06, in force
from 13.06.2006) The claims under this Act shall be within the competence of the Sofia City
Court.
Chapter six.
PROTECTION MEASURES BY THE CUSTOMS AUTHORITIES (TITLE
AMENDED - SG 98/19)
Application sphere (Title amended – SG 43/05)
Art. 62. (1) (amend. – SG 73/06, in force from 06.10.2006, amend. - SG 98/19) The
customs authorities shall apply measures to goods under customs supervision or customs
control, which are alleged to infringe an industrial design right under the terms and procedures
of Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June
2013 concerning customs enforcement of intellectual property rights and repealing Council
Regulation (EC) No 1383/2003 (ОВ, L 181/15 of 29 June 2013).
(2) The protection measures apply to all goods presented before the customs
authorities, whether or not they are placed under a customs regime, including those goods in
transported in transit regime.
(3) Paragraph 1 shall also apply to goods, whether or not they are the subject of a
customs regime, which were found as a result of the check carried out by the customs authorities
in the exercise of their powers within the territory of the Republic of Bulgaria.
(3) When implementing the measures, the customs authorities shall collect fees to
cover the costs of storage of the goods to the extent determined by the Council of Ministers in
accordance with Art. 12 of the Customs Act.
Conditions for applying the measures for border control (Title amended – SG
43/05)
Art. 63. (amend. SG 43/05, revoked - SG 98/19)
Actions on the initiative of the customs bodies
Art. 63a. (new – SG 73/06, in force from 06.10.2006, revoked - SG 98/19)
Additional regulating
Art. 64. (revoked - SG 98/19)
Application of Council Regulation 1383/2003/EC
Art. 64a. (new – SG 73/06, in force from the date of coming into effect of the Treaty
concerning the Accession of the Republic of Bulgaria to the European Union, revoked - SG
98/19)
Chapter seven.
ADMINISTRATIVE PUNITIVE RESPONSIBILITY
Administrative violations and penalties
Art. 65. (amend. SG 43/05; suppl. – SG 73/06, in force from 06.10.2006) (1) A person
who produces, offers, releases on the market, imports, exports or preserves with this objectives
commodities produced through copying or use of design included in the protection of Art. 18
without the consent of its owner, shall be punished with a fine or proprietary sanction in extent
from 500 to 1500 levs and to the sole entrepreneurs and the corporate bodies shall be imposed
proprietary sanction in extent from 1000 to 3000 levs.
(2) At second commitment of the violation of para 1 fine shall be imposed from 1500
to 3000 levs and to the sole entrepreneurs and the corporate bodies – proprietary sanction in
extent from 3000 to 5000 levs.
(3) Second is the violation committed in year after the entering into force of the
punitive decree with which the perpetrator has been punished for the same kind of violation.
(4) The products shall be taken in favour of the state regardless who's ownership they
are and shall be destroyed the owner or an empowered person being able to attend the
destroying.
(5) (revoked – SG 73/06, in force from 06.10.2006; new – SG 35/10, in force from
12.08.2010) The measures under Para 1 and 4 shall not apply to goods in transit through the
territory of the Republic of Bulgaria.
Establishing of the violations
Art. 66. (new – SG 43/05) (1) (amend. – SG 35/10, in force from 12.08.2010) The
violations shall be established with an act, compiled by official determined with an order by the
chairman of the chairman of the Patent department after implementing check. The cooperation
of the bodies of the Ministry of Interior may be requested for conducting the check.
(2) (revoked - SG 98/19)
Authorities of the official
Art. 67. (1) The official of Art. 66, para 1 shall have right to:
1. require access to the sites subject to control;
2. require the necessary documents in connection with the implemented checks and
take materials for expert assessment.
(2) The official shall be obliged to:
1. reflect precisely the facts at the implemented check in the act for violation
2. preserve the official, the production and the commercial secret that has become
known to him in connection with the implemented checks;
3. does not make public data from the checks;
4. uses the information from the checks only for the purposes of the administrative
procedure.
Obligation for cooperation
Art. 68. (new – SG 43/05) The persons with whom is implemented the check of Art.
66, para 1, shall be obliged:
1. ensure not impaired access to the checked sites;
2. concede the required by the official documents and evidences.
3. preserve the products left for safe keeping;
4. render cooperation to the officials on the occasion of the implemented check.
Imposing and execution of the administrative penalties
Art. 69. (new – SG 43/05) (1) The punitive decrees shall be issued by the chairman of
the Patent department or by official authorized by him.
(2) The penalties fine or proprietary sanction shall be fulfilled voluntary in 7 days term
after the punitive decree enters into force or the decision of the court with which they have been
imposed, the sum being paid in the cash room or transferred to account of the Patent department.
(3) (amend. - SG 105/05, in force from 01.01.2006; amend. – SG 12/09, in force from
01.05.2009) After the elapse of the term of para 2 a copy of the punitive decree shall be sent to
the National Revenue Agency for compulsory execution of the imposed fine or proprietary
sanction by the order of the Tax-insurance Procedure Code.
(4) After the punitive decree enters into force or the decision of the court the products
taken in favour of the state shall be delivered for destroying to the bodies of the Ministry of
Interior.
Applying the Administrative Violations and Penalties Act
Art. 70. (new – SG 43/05)As far as in this chapter other is not provided the establishing
of the offences, the issuing, appealing and the fulfillment of the penalty decrees shall be
implemented by the order of the Administrative Violations and Penalties Act.
Additional provisions
§ 1. In the sense of this Act:
1. "Hague agreement" is the Hague agreement for international declaring of industrial
samples of November 6, 1925 with its editing of November 28, 1960.
2. "Paris convention" shall be the Paris convention for protection of the industrial
property signed in Paris on March 20, 1883 with its amendments and supplements.
3. (amend. – SG 35/10, in force from 12.08.2010) "Locarno Agreement" is the
Agreement of Locarno establishing International Classification for Industrial Designs of 1968
with subsequent amendment in 1979.
4. (amend. - SG 98/19) "Representative of industrial property" is a representative in
the sense of Art. 3, para 2 of the Act on Patents and Registration of Utility Models.
5. (amend. - SG 98/19) "State expert" is an expert in the sense of Art. 83, para 3 of the
Act on Patents and Registration of Utility Models.
6. (new – SG 43/05) "Article" is detached production and trade unit, obtained in
industrial or craft way, designated to satisfy human needs.
7. (new – SG 43/05) "Compound article" is article consisting of many parts which may
be replaced with objective to be allowed dismantling and assembly of the article.
8. (new – SG 43/05) "Part of compound article" is structurally detached element
designated for assembly in this article and has independent trade realization as steering wheel,
light of automobile, peddle for bicycle, cap for bottle etc.
9. (new – SG 43/05) "Set of articles" are independent, structurally detached articles
which are subordinated to one image or stylistic principle of external design and have common
designation and set for eating, child’s play, set of furniture.
10. (new – SG 43/05; amend. – SG 35/10, in force from 12.08.2010) "Composition of
articles" is stylistic composing articles having common principle of internal formation.
11. (new – SG 43/05) "Packing" is article serving to pack and/or transport of other
article;
12. (new – SG 43/05)"Graphic symbol" is sign serving for denoting or perception of
object, idea, image etc.
13. (new – SG 43/05) "Printed fonts" is a set of letters, numbers and signs written in
defined way.
14. (new – SG 43/05) "Informed user" is a user who has knowledge, experience,
interests in the respective economic sector to which belongs the product to which is included
or applied the design.
15. (new – SG 73/06, in force from 06.10.2006) "Import or export of goods" is the
factual transportation across the borders of the Republic of Bulgaria of products, in which a
design, falling within the scope of protection under this Act, is incorporated or to which it is
applied, regardless of whether customs regime has been operated with respect to such products.
§ 1a. (new – SG 73/06, in force from the date of coming into effect of the Treaty
concerning the Accession of the Republic of Bulgaria to the European Union) The provisions
of this Act which are applied to Member States of the European Union, shall also be applied to
the other States in the European Economic Area.
Transitional and concluding provisions
§ 2. The legal protection of design rendered with this Act shall not exclude the
simultaneous protection under the Copyright and Related Rights Act.
§ 3. This Act shall be applied also for claims for registration of industrial sample for
which there is no ultimate decision till entering into force.
§ 4. The term of effect of the protection ensuing from registration of industrial sample
under the Act on trademarks and industrial samples that has not expired till this Act enters into
force shall be determined according to art. 15.
§ 5. This Act shall repeal section II of the Act on the trademarks and industrial samples
(prom. SG 95/67; amend. and suppl. SG 55/75, SG 56/86, SG 27/93) and art. 1, 46, 47, 48, 49,
50, 51 and 52 of the same Act in the part about the industrial samples.
§ 6. In the Act on Patents (prom. SG 27/93; suppl. SG 83/96; amend. SG 11/98) shall
be made te following amendments and supplements:
1. In art. 80, item 2 the words "industrial samples" shall be substituted by "industrial
designs".
2. In § 10 of the transitional and concluding provisions after the words "official
inventions" shall be added "useful models and industrial design".
§ 7. In the Penalty Code (prom. ...; amend. ...) shall be made the following amendments
and changes:
1. In art. 173, para 2 the words "industrial sample" shall be changed to "industrial
design" and the word "rationalisation" - to "useful model".
2. In art. 174 the words "industrial sample" shall be changed to "industrial design" and
the word "rationalisation" - to "useful model".
§ 8. In the Commerce Act (prom. SG 48/91; amend. and suppl. SG 25/92, SG 61,
103/93, SG 63/94, SG 63/95, SG 42, 59, 83, 86, 104/96, SG 58, 100, 124/97, SG 52, 70/98, SG
33, 42, 64/99) shall be made the following changes:
1. In art. 587, para 1 the words "industrial sample" shall be changed to "industrial
design".
2. In art. 588 the words "industrial sample" shall be changed to "industrial design".
§ 9. In § 1, item 8 of the Corporate Income Taxation Act (prom. ...; amend. ...) the
words "industrial sample" shall be changed to "industrial design".
§ 10. In art. 31, para 1 of the Cooperatives Act (prom. ...; amend. ...) the words
"industrial samples" shall be changed to "industrial designs".
§ 11. In art. 19, para 2, item 2 of the Accountancy Act (prom. SG 4/91; amend. and
suppl. SG 26/92, SG 55/93, SG 21, 33, 59/96, SG 52/97, SG 21/98, SG 57/99) after the word
"marks" shall be added "industrial, designs".
§ 12. The Council of Ministers shall approve ordinance for design, submitting and
expertise of the applications for registration of industrial design and Tariff for the fees.
§ 13. The chairman of the Patent department shall issue instructions for the
implementation of this Act.
§ 14. The implementation of the Act shall be assigned to the chairman of the Patent
department.
§ 15. The Act shall enter into force 3 months after the promulgation in State Gazette.
The Act was passed by the 38th National Assembly on September 2, 1999 and was
affixed with the official seal of the National Assembly.
Transitional and concluding provisions
(SG 43/05)
§ 32. This Act shall be applied also for applications for registration of industrial design
about which till its entering into force there is no ultimate solution.
§ 33. The found existing requests for deletion of the registration shall be considered in
compliance with this Act.
§ 34. The Act shall enter into force three months after its promulgation in State Gazette.
Transitional and concluding provisions
TO THE TAX-INSURANCE PROCEDURE CODE
(PROM. – SG 105/05, IN FORCE FROM 01.01.2006)
§ 88. The code shall enter in force from the 1st of January 2006, except Art. 179, Para
3, Art. 183, Para 9, § 10, item 1, letter "e" and item 4, letter "c", § 11, item 1, letter "b" and §
14, item 12 of the transitional and concluding provisions which shall enter in force from the
day of promulgation of the code in the State Gazette.
Transitional and concluding provisions
TO THE ADMINISTRATIVE PROCEDURE CODE
(PROM. – SG 30/06, IN FORCE FROM 12.07.2006)
§ 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 AMENDMENT AND SUPPLEMENTATION OF THE
INDUSTRIAL DESIGN ACT
(PROM. – SG 73/06, IN FORCE FROM 06.10.2006)
§ 28. (In force from the date of coming into effect of the Treaty concerning the
Accession of the Republic of Bulgaria to the European Union) Community designs, which are
in effect by the date of accession of the Republic of Bulgaria to the European Union, and
applications for Community design, submitted by this date, shall have an effect on the territory
of the Republic of Bulgaria.
§ 29. The Act shall enter into force one month after its promulgation in State Gazette,
except for § 6, § 15, § 23, § 27 and § 28, which shall enter into force from the date of coming
into effect of the Treaty concerning the Accession of the Republic of Bulgaria to the European
Union, and § 19, which shall enter into force from 13 July 2006.
Transitional and concluding provisions
TO THE CIVIL PROCEDURE CODE
(PROM. – SG 59/07, IN FORCE FROM 01.03.2008)
§ 61. This code shall enter into force from 1 March 2008, except for:
1. Part Seven "Special rules related to proceedings on civil cases subject to application
of European Union legislation";
2. paragraph 2, par. 4;
3. paragraph 3 related to revoking of Chapter Thirty Two "a" "Special rules for
recognition and admission of fulfillment of decisions of foreign courts and of other foreign
bodies" with Art. 307a – 307e and Part Seven "Proceedings for returning a child or exercising
the right of personal relations" with Art. 502 – 507;
4. paragraph 4, par. 2;
5. paragraph 24;
6. paragraph 60,
which shall enter into force three days after the promulgation of the Code in the State
Gazette.
Transitional and concluding provisions
TO THE ACT ON AMENDMENT AND SUPPLEMENTATION OF THE TAX
INSURANCE PROCEDURE CODE
(PROM. – SG 12/09, IN FORCE FROM 01.05.2009; SUPPL. - SG 32/09)
§ 68. (suppl. - SG 32/09) This Act shall enter into force from 1 May 2009 except § 65,
66 and 67, which shall enter into force from the date of promulgation of the Act in the State
Gazette and § 2 - 10, § 12, Items 1 and 2 - regarding Para 10 and 11, Item 8, Letter "a", Items
9 and 12 and § 53 - 64, which shall enter into force from 1 January 2010.
Transitional and concluding provisions
TO THE ACT ON AMENDMENT AND SUPPLEMENTATION OF THE
INDUSTRIAL DESIGN ACT
(PROM. – SG 35/10, IN FORCE FROM 12.08.2010)
§ 41. (1) This Act shall apply to applications for registration of industrial designs filed
after its entry into force, as well as to applications for registration of industrial designs, for
which there is no decision in force.
(2) The applications for registration of designs, published before entry into force of
this Act, shall be considered under the previous order.
§ 42. This Act shall apply to requests for cancellation of registrations, for which there
is no decision in force before its entry into force.
§ 43. The Council of Ministers shall adopt the ordinance under Art. 41, Para 4 within
6 months from entry into force of this Act.
§ 44. This Act shall enter into force three months after its promulgation in the State
Gazette except § 2, 3, 5, § 14, Item 3, § 15, § 16, Item 1, Letter “d” and Item 2, § 18, § 19, Items
2 and 3, § 20, 21, 24, 27 and 29, which shall enter into force after 9 months from the
promulgation of the Act.