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Law on Industrial Designs (SG No. 81/1999, as amended up to December 13, 2019)

 Law on Industrial Designs (SG No. 81/1999, as amended up to December 13, 2019)

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.