Updated last 26.03.2021
The legal protection for the forms of copyright and industrial property is obtained in different manners.
Which are the responsible institutions for the protection of copyrights?
For the works of literature, art and science, copyright arises from the moment of creation of the respective work. Since the protection becomes effective from the very moment of creation of the work, it is not necessary to declare it protected in a public register. The author of the respective work must undertake specific actions, in case of abuse of copyright, i.e. to file a claim against the infringers of the rights with the respective regional court. The copyright owner is entitled to seek indemnification for any and all damages, which are direct and immediate consequence of the infringement. At determining the amount of the damages the court takes into account also all circumstances, related to the infringement, benefits forgone and non-property damages, as well as the income generated by the infringer as a result of the infringement. The court determines fair indemnification, which should have a warning and restraining effect on the infringer and the other society members.
The Ministry of Culture, and in particular, the „Copyright and Neighbouring Rights“ Directorate organizes the initiation and conducting of administrative and penal procedures and files for administrative violations under the Copyright and Neighbouring Rights Act. If an infringement is established, the minister of culture or his authorized representative imposes an administrative penalty on the infringer.
Which are the responsible institutions for the application for and protection of industrial property?
The forms of industrial property are eligible for protection upon registration with the respective institution on a national, European or international level. The effective competent authority for the protection of Industrial Property in Bulgaria is the Patent Office of the Republic of Bulgaria, where you can apply for legal protection.
|Important to know
In 2006 the Patent Office contributed to the establishment of the Bulgarian Industrial Property Network (BIPN), which forms part of the European Patent Network. BIPN’s objective is to establish more favourable conditions for information services to the general public, as well as increase in the awareness of the multifaceted role of the industrial property, as a prerequisite for the improvement of the innovations activity, ensuring better competitiveness of the Bulgarian economy and good positions on the single European market. Here you can locate the nearest Industrial Property Centre.
In case of unlawful use of a trademark and/or industrial design or other administrative violation, you can file a complaint to the chairman of the Patent Office, who is authorized to impose administrative penalties in the form of fines and financial sanctions. All holders of any and all industrial property objects or licenses, for their use, may also protect their rights before the respective court, submitting a complaint against the infringer.
Institutions on European level
If you want to obtain rights to a trademark or industrial design on an European level, you must apply to the EU Intellectual Property Office. The European Patent Office is the competent authority, from which you can obtain a patent, valid in all EU Member States.
The European IP Helpdesk, was established to help European citizens, obtain additional information regarding the application for, obtaining and management of various forms of intellectual property. That platform also contains a number of practical trainings.
|Important to know
The European IP Helpdesk has a network of ambassadors, working to the benefit of SMEs in 18 European countries. Bulgaria is among the Member States, where there is a representative of the Helpdesk. More information on the role of the ambassadors and information regarding them, can be found here.
Institutions on international level
International intellectual property protection can be obtained from the World Intellectual Property Organization. An Arbitration and Mediation Centre was established in 1994, as part of the World Intellectual Property Organization, and it provides alternative solutions to disputes, related to intellectual property), mediation, arbitration, expedited arbitration.
|For more information
For more information on Responsible for protection and filing complaints in case of intellectual property right infringements and the related regulatory framework please refer to the website of the: