Geographical Indications Law in Bulgaria
Bulgaria has a comprehensive legal framework for the protection of Geographical Indications (GIs), primarily governed by the Law on Marks and Geographical Indications (LMGI), which came into force on December 17, 2019. This legislation aligns Bulgaria's national law with European Union regulations, notably:
Regulation (EU) No. 1151/2012: Concerning quality schemes for agricultural products and foodstuffs.
Regulation (EC) No. 110/2008: On the definition, description, presentation, and labeling of spirit drinks.
Regulation (EU) No. 251/2014: On the definition, description, presentation, and labeling of aromatized wine products.
The LMGI also transposes Directive (EU) 2015/2436, which harmonizes trademark laws across EU member states .(
Key Provisions of the LMGI
1. Definition of Geographical Indications
The LMGI defines a Geographical Indication (GI) as a designation of origin or a geographical mark.
Designation of Origin: The name of a country, region, or locality that designates goods originating there and whose quality or characteristics are primarily or exclusively due to the geographical environment, including natural and human factors
Geographical Mark: The name of a country, region, or locality that designates goods originating there and whose quality, reputation, or other characteristics are attributable to that geographical origin .
To register a GI in Bulgaria, the following conditions must be met:
Identification of Origin: The sign must identify the place from which the product originates.
Qualities and Characteristics: The product's qualities, characteristics, or reputation must be due to its place of origin.
Non-Generic Name: The name must not have become a generic term for the goods in question
Distinctiveness: The name must not be identical or similar to existing GIs or marks for identical or similar goods, to avoid misleading consumers .
3. Protection and Enforcement
Legal Protection: Once registered, GIs are protected against misuse, imitation, or evocation, even if the true origin is indicated.
Territorial Scope: Protection is granted within Bulgaria. For broader protection, registration in the European Union or internationally is recommended.
Duration of Protection: The protection is indefinite, provided the GI continues to meet the registration requirements and is not revoked .
Enforcement: The Bulgarian Patent Office oversees the registration and enforcement of GIs. Violations can lead to administrative penalties, including fines and the closure of premises involved in infringement .
4. International Registration
European Union: Bulgarian producers can register their GIs in the EU through the European Commission's quality schemes.
International Protection: Bulgaria is a member of the Lisbon Agreement for the protection of appellations of origin, allowing for international registration of GIs
Summary
Bulgaria's Law on Marks and Geographical Indications (LMGI) provides a robust framework for the protection of GIs, aligning with EU regulations and international agreements. The law ensures that products with specific qualities or reputations linked to their geographical origin are protected against misuse, thereby preserving their authenticity and value.
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