IPR issues

Working in Europe | Intellectual Property Rights | Bulgaria

Intellectual Property Rights

Intellectual Property Types

The results of research and development activities can be protected in Bulgaria under the 10 intellectual property types.

The legislation of the country contains specific regulations for the cases of intellectual product creation underemployment or commission.

Protection against different forms of unfair commercial practices, connected with the use of information and/or intellectual products, is also envisaged in the country on the base of the Law on the protection of competition in its part about the protection against unfair competition.

Inventions

They are subject to patenting according to the Law on patents and utility model registration, after which they receive protection for a term of 20 years from the date of priority (in case of payment of the annual maintenance fees).

Utility Models

They are subject to registration according to the Law on patents and utility model registration, after which they receive protection for a term of 4 years, with 2 possible extensions of 3 years.

Industrial Designs

They are subject to registration according to the Law on industrial designs, after which they receive protection for a term of 10 years, with 3 possible extensions of 5 years.

Plant Varieties

They are subject to registration according to the Law on the protection of new plant varieties and animal breeds, after which they receive protection for a term of 25 years from the date of certificate issuance (30 years for the vine and tree varieties.

Animal Breeds

They are subject to registration according to the Law on the protection of new plant varieties and animal breeds, after which they receive protection for a term of 30 years from the date of certificate issuance.

Topographies of Integrated Circuits

They are subject to registration according to the Law on topography of integrated circuits, after which they receive protection for a term of 10 years from the date of the first commercial use (if application for registration is filed in term of 2 years afterwards) or from the date of the application for registration (if no commercial use has started or it has only been secretly realized).

Scientific Works

They are subject to copyright protection according to the Law on copyright and neighbouring rights, starting automatically with the work creation for the duration of the author’s life and 70 years after author’s death.

Computer Programs

They are subject to copyright protection according to the Law on copyright and neighbouring rights, starting automatically, with a duration of 70 years from making the program publicly available (for programs, created under employment) or for the life of the author and 70 years after his death (if the program is not created under employment). Moreover, there are special regulations about the ownership and rights on computer programs, different from the rest of works.

Data Bases

They are subject to dual protection according to the Law on copyright and neighbouring rights – through copyright as works on one hand, and through the so called sui generis rights – for a term of 15 years from the data base creation or from its making publicly available, if made available.

Other Types

Literary and artistic works (subject to copyright protection according to the Law on copyright and neighbouring rights);

Performances, phonograms, recordings of audio-visual works, radio and television programs (subject to neighbouring rights protection according to the Law on copyright and neighbouring rights);

Trademarks and geographical indications (subject to protection according to the Law on marks and geographical indications);

Trade names (subject to protection according to the Law in the commerce);

Trade secrets (subject to protection according to the Law on the protection of competition).

Competent Bodies

The Patent Office– for inventions, utility models, industrial designs, trademarks, geographical indications, plant varieties, animal breeds, integrated circuits topographies;

The Ministry of culture – for scientific, literary and artistic works, performances, phonograms, recordings of audio-visual works, radio and television programs, data bases;

The Commission for protection of competition – for the protection against unfair competition.