BULGARIA Law and Practice Contributed by: Marin Sarafov, Petya Norova, Iva Georgieva and Eduard Milchev, G&P Law
and databases that satisfy the originality requirement. Databases may benefit from copyright protection where they constitute original intellectual creations and may also be protected through the sui generis database right where a substantial investment has been made in terms of both quantity and quality. Copyright protection is governed by the Copyright and Related Rights Act. Copyright arises automatically upon creation of the work and does not require registration or any other formalities. In principle, only individuals can be cop - yright holders, while legal entities can be copyright holders only in cases specified by law. As a general rule, copyright protection lasts for the lifetime of the author and for 70 years after their death. For certain works, such as anonymous works, com - puter databases, and films, the 70-year term begins at different points in time. Copyright may be enforced through civil proceedings and, in certain circumstances, criminal proceedings. The same legal remedies are available as for trade mark infringement (see 7.2 Trade Marks ). 7.5 Others Under Bulgarian law, other intellectual property rights and related assets may include trade secrets, know- how, domain names and confidential business infor - mation. Trade Secrets Trade secrets are protected under the Trade Secret Protection Act. A trade secret is any commercial information, know-how, or technological information that simultaneously meets all of the following require - ments: • it is secret in the sense that, as a whole or in the precise configuration and assembly of its compo - nents, it is not generally known or readily accessi - ble to persons within the circles that normally deal with this type of information; • it has commercial value because it is secret; and • reasonable measures have been taken to keep it secret by the person who lawfully controls the information.
A trade secret holder is any natural or legal person who lawfully controls a trade secret. Enforcement mechanisms include interim relief and court claims through which one may seek a cessa - tion or prohibition of use; prohibition of the produc - tion, offering for sale and use of the infringing goods; destruction of the infringing goods; prohibition of the provision of services that have significantly benefited from the trade secret; as well as an award of dam - ages for the losses suffered and reimbursement of legal costs. Contractual confidentiality obligations and unfair competition rules may provide additional protection. Know-How and Business Information Know-how and business information may be protect - ed through previously executed contractual arrange - ments. Their protection may be enforced through legal proceedings for breach of contractual obligations. Domain Names Domain names may be protected through their reg - istration with the relevant registrars. Protection of domain names may be enforced by initiating proceed - ings before the World Intellectual Property Organiza - tion (WIPO) or in accordance with the dispute resolu - tion procedures established by the relevant registrar. The protection of personal data in Bulgaria is primarily governed by Regulation (EU) 2016/679 or the Gen - eral Data Protection Regulation (GDPR), which applies directly and without the need for national implement - ing legislation, and the Bulgarian Personal Data Pro - tection Act (PDPA), which has very limited application and supplements the GDPR in areas where EU mem - ber states are permitted to adopt national rules. The Bulgarian legal framework also includes sector-spe - cific legislation governing the processing of personal data in particular fields, such as electronic commu - nications, healthcare, financial services and employ - ment (primarily the legal basis for processing of such personal data). 8. Data Protection 8.1 Applicable Regulations
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