Industrial Designs Law in Bulgaria
Here is a detailed overview of Industrial Designs Law in Bulgaria:
🇧🇬 Industrial Designs Law in Bulgaria
Legal Framework
Industrial designs in Bulgaria are governed by the Industrial Design Act (promulgated in 1999, with later amendments).
As a member of the European Union, Bulgaria also follows:
EU Community Design Regulation (EC Regulation No. 6/2002), which allows for Registered and Unregistered Community Designs.
International treaties applicable:
Hague Agreement (Bulgaria is a member)
Paris Convention
TRIPS Agreement
Competent Authority
The Bulgarian Patent Office (BPO) is the national authority responsible for the registration and administration of industrial designs in Bulgaria.
EUIPO handles EU-wide design rights, enforceable in Bulgaria.
Key Features of Industrial Design Law in Bulgaria
1. Definition of an Industrial Design
An industrial design is the visible appearance of the whole or part of a product resulting from its features, such as:
Lines
Contours
Colors
Shape
Texture or materials
Ornamentation
The design must be novel and have individual character.
2. Types of Protection
National Design Registration with the Bulgarian Patent Office
Community Design via the EUIPO (covers all EU countries)
International Design via the Hague System (WIPO), designating Bulgaria
3. Registration Process
File an application with the BPO, including:
Representations of the design (drawings/photos)
Indication of the product and class (according to the Locarno Classification)
The BPO examines for formal requirements and novelty.
If accepted, the design is published in the Official Bulletin and registered.
4. Duration and Renewal
Protection is granted for 5 years from the filing date.
Renewable for up to five additional 5-year periods, with a maximum term of 25 years.
5. Rights Conferred
Exclusive rights to use the design.
Right to prohibit third parties from making, using, offering for sale, selling, or importing articles that incorporate the design without the owner’s consent.
6. Grounds for Refusal
Design is not new or lacks individual character.
Design dictated solely by a product’s technical function.
Offensive or contrary to public policy or morality.
7. Infringement and Enforcement
Rights holders can bring civil lawsuits to:
Stop infringing use (injunctions)
Claim damages
Seize or destroy infringing goods
Customs enforcement is available for counterfeits.
Criminal sanctions may apply in severe cases.
8. International Protection
Hague System: Applicants can seek international design registration designating Bulgaria.
Community Designs: Automatically protect designs registered through EUIPO across all EU member states, including Bulgaria.
Summary
Bulgaria offers robust protection for industrial designs under both national and EU laws. The system ensures up to 25 years of protection and is fully aligned with European and international standards. Rights can be enforced through civil courts and supported by customs and administrative measures.
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