BULGARIA Law and Practice Contributed by: Marin Sarafov, Petya Norova, Iva Georgieva and Eduard Milchev, G&P Law
Enforcement Trade mark ownership may be enforced through civil proceedings and, in certain circumstances, criminal proceedings, and customs intervention against coun -
Patent rights may be enforced through civil proceed - ings and, in certain circumstances, criminal proceed - ings. Available legal remedies include interim relief and court claims through which one may seek a declara - tion and/or cessation of the infringement, compen - sation for damages, seizure and destruction of the infringing goods, publication of the court decision, and reimbursement of legal costs. Customs measures against infringing goods are also possible. 7.2 Trade Marks A trade mark is any sign capable of distinguishing the goods or services of one person or undertaking from those of others that is capable of being represent - ed in the State Register of Trademarks in a manner that enables the clear and precise determination of the subject matter of the protection afforded by the registration. Such signs may consist, for example, of words, including personal names, letters, numerals, drawings, figures, the shape of goods or their pack - aging, colours, sounds, or any combination of such signs. Protection Trade mark protection is governed by the Marks and Geographical Indications Act (MGIA). Trade mark rights are acquired through registration before the Patent Office of the Republic of Bulgaria (PORB). The registration process includes both a formal examina - tion and a substantive examination. If the trade mark complies with the requirements set out in the MGIA, it is published in the next issue of the official bulletin of the PORB. From the date of publication, a three- month opposition period begins to run. If no opposi - tion is filed within this period, the trade mark proceeds to registration. Protection is granted for an initial period of ten years from the filing date and may be renewed indefinitely for successive ten-year periods. Registered trade marks become vulnerable to revocation if they are not put to genuine use within a continuous period of five years following registration.
terfeit goods may also be sought. Available legal remedies include:
• interim relief and court claims through which one may seek a declaration and/or cessation of the infringement; • compensation for damages; • seizure and destruction of the infringing goods; • hand-over of the items involved in the violation; • publication of the court decision; and • reimbursement of legal costs. 7.3 Industrial Designs Under Bulgarian law, a design protects the visible appearance of a product or part of it, as determined by the characteristics of its shape, lines, design, orna - mentation, colour scheme, or a combination thereof. Design protection is governed by the Industrial Design Act. Protection is obtained through registration before PORB. To be registrable, a design must be new and possess individual character (be original). The regis - tration process includes both a formal examination and a substantive examination. If it is determined that the design applied for is eligible for registration, the applicant is sent a notice granting a one-month period to pay the fees for registration, issuance of the regis - tration certificate, and publication. Once the applicant pays the fees, the design is registered. The initial term of protection is five years from the fil - ing date and may be renewed for additional five-year periods up to a maximum term of 25 years. Design rights may be enforced through civil proceed - ings and, in certain circumstances, criminal proceed - ings. The same legal remedies are available as for trade mark infringement (see 7.2 Trade Marks ). 7.4 Copyright Under Bulgarian law, copyright protects original liter - ary, artistic, musical, audio-visual, photographic and other creative works, including computer software
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