RESTRICTEDWORLD TRADE
ORGANIZATIONIP/Q4/BGR/1
11 August 1998
(98-3159)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION ON ENFORCEMENT
BULGARIA1
The present document reproduces the introductory statement made by the delegation of
Bulgaria, the questions put to it and the responses given in the review of legislation on enforcement at
the Council's meeting of 17-21 November 1997.2
_______________
I. INTRODUCTORY STATEMENT
The legislation of the Republic of Bulgaria complies with the requirements of the TRIPS
Agreement and in particular with the provisions of its Part III "Enforcement of Intellectual Property
Rights".  Bulgarian law provides for effective actions against any act of infringement of intellectual
property rights, including civil, administrative and criminal procedure and remedies to prevent
infringements.
Bulgarian legislation sets forth relevant provisions on enforcement of intellectual property
rights in the Code of Civil Procedure, Code of Penal Procedure, Law on Administrative Violations and
Penalties, Law on Protection of Competition, La w on Obligations and Contracts, Law on State
Responsibility for Injures Caused to Citizens, Law on Copyright and Neighbouring Rights, Patent
Law, Law on Trademarks and Industrial Designs, Law on Protection of Plant Varieties and Animal
Breeds, Penal Code, Decree No. 87/1996 of the Council of Ministers and other regulations.
Provisions on enforcement of intellectual property rights are stipulated in the draft Law on Customs
and the draft Law on Marks and Geographical Indications which are in their final legislative stage andtheir enactment by the Parliament is pending.
Bulgarian law provides for civil and administrative procedures and remedies, including
provisional measures, which ensure adequate protection of the intellectual property rights of the right
holders against infringements.  The penal responsibility for infringements of intellectual property
rights has been extended in 1995 and 1997.  The Penal Code stipulates remedies, includingimprisonment and monetary fines, not only for infringement or illegal use of copyright on trademarks,
as set forth in Article 61 of the TRIPS Agreement,  but goes beyond that requirement and provides also
criminal penalties for infringements of neighbouring rights, industrial designs and appellations of
origin.  The criminal penalties for infringements of intellectual property rights are sufficient to provide
a deterrent and are consistent with the level of penalties applied for crimes of a corresponding gravity.
We appreciate the interest of some Members in Bulgarian legislation on enforcement of
intellectual property rights, which has been reflected in the numerous questions they posed to my
                                                     
1 As regards laws and regulations relevant to the area under review and notified by Bulgaria under
Article 63.2 of the Agreement, reference is made to  documents IP/N/1/BGR/1 (Annex II) and IP/N/6/BGR/1.
2 The minutes of this meeting have been circulated as document IP/C/M/16.IP/Q4/BGR/1
Page 2
country for the present review.  Bulgaria has replied to those questions and our answers are at the
disposal of Members and the Secretariat.
II. REPLIES TO QUESTIONS POSED BY THE EUROPEAN COMMUNITIES AND
THEIR MEMBER STATES
1. Could the Government of Bulgaria clarify whether Bulgarian law provides for effective
action against any act of infringement of inte llectual property rights, notably in respect of
layout-designs of integrated circuits, in acco rdance with Article 41.1 of the TRIPS Agreement?
The legislation of the Republic of Bulgaria provides for effective action against any act of
infringement of intellectual property rights, including civil, administrative and criminal procedures
and remedies to prevent infringements and as well as procedures and remedies which constitutedeterrent to further infringements.
Bulgarian law provides for the following civil claims for the protection of infringed
intellectual property rights:
(a) The claim under Article 94 (indemnification for committed injuries) of the Law on
Copyright and Neighbouring Rights in relation to Article 45 of the Law onObligations and Contracts is based on the fundamental principle in civil legislation
that anyone is obliged to remove the injuri es caused guiltily to somebody.  When the
court acknowledges such a claim, its decision provides for redress.  The criteria for
determination of its amount is the payment which the claiming party could have got if
a contract for the use of the work had been signed.
The prerequisites for acceptance of the claim are:
(i) infringement of copyright or a neighbouring right;
(ii) the infringement shall be caused guiltily;
(iii) damages have been caused, which are
(iv) direct consequences of the infringement.
The existence of guilt is supposed until the contrary has been proved (Article 45,
paragraph 2 of the Law on Obligations and Contracts).  The amount of the sustained
damages has to be proved by the claimant.  The redress is due either for property
damages or for non-property damages (if there is direct correlation with the
infringement), as well as the direct losses and the missed benefits.
(b) The claim under Article 95, paragraph 1, of the Law on Copyright and Neighbouring
Rights (restraining the illegitimate use).  The only prerequisite for claimingillegitimate use is the existence of usage of the work which is not permitted by the
right holder or by an exclusive legal provision - object of copyright.  It is the
obligation of the claimant to prove that he is the holder of the infringed right
(copyright or neighbouring right), as well as the fact of the infringement itself (which
must exist at the moment of infringement).   The decision of the court on that claim(in case of its acceptance) may restrain or prohibit the impermissible use of the work.
(c) The claim under Article 95, paragraph 2, of the Law on Copyright and Neighbouring
Rights.  The court has the authority to order seizure and destruction of the  IP/Q4/BGR/1
Page 3
illegitimately produced copies of the work, including negatives, master copies,
printing forms and others used for the purposes of copying.
The prerequisites for filing a law suit before the court and acceptance of that claim are, as
follows:
- the work shall be used in violation of the provisions of the Law on Copyright and
Neighbouring Rights , and
- the claimant shall justify his rights in respect of the work - originally acquired or
exclusively granted by the author, and
- the defendant shall be the owner of illegitimately produced copies of the work,
respectively the facilities used for the purposes of copying.  It is not required that the
infringement  be guiltily enacted, nor that injury thus be caused.
(d) The claim under Article 95, paragraph 3, of the Law on Copyright and Neighbouring
Rights.  In case of acceptance of the claim, the court has the authority to order seizure
or putting out of  operation the copying and reproducing equipment used exclusively
for committing infringements.  The above mentioned comments under the provision
of Article 95, paragraph 2 shall be applied to this case.  The difference consists in the
object whose seizure may be required, as well as in the contents of the claim - theproperties may only be seized but not destroyed.
(e) The claim under Article 95, paragraph 4, of the Law on Copyright and Neighbouring
Rights.  This is a claim for obtaining illegitimately produced copies of the work,
including negatives, master copies, printing forms and others at a price, equal to their
real cost price.  These measures are enacted by a court decision on the claim.
The above stated claims shall be settled by the District Courts.  Besides these claims the
holder of copyright or the neighbouring rights ha s at his disposal two more claims of a more
general nature.
(f) Establishment claim under Article 97, paragraph 1 of the Code of Civil Procedure.
The claim shall establish who is the author, respectively the performer, producer etc.
of the work concerned.  The prerequisite shall be the contest of the authorship or other
circumstances from which the claimant draws on his rights.  The court declares with
its decision that:
(i) the claimant shall be the author (in case of acceptance of positive
establishment claim), or
(ii) the claimant shall not be the author (in case of acceptance of negative
establishment claim).
(g) The claim for groundless profiteering under Article 59 of the Law on Obligations and
Contracts.  A prerequisite for its submission before the court is the profiteering of the
defendant at the expense of the author.  The existence of guilt is not necessary.  This
claim is used only when the claimant does not have other claims at his disposal.
The penal administrative procedure, including the protection of intellectual property rights,
consists of two phases - before the administrative penal body and before the court.
(a) Before the administrative penal bodyIP/Q4/BGR/1
Page 4
Article 98, paragraph 2 of the Law on Copyright and Neighbouring Rights in relation
with Article 47, paragraph 1, subparagraph (a) in relation with Article 47, paragraph 2
of the  Law on Administrative Violations and Penalties stipulates that the Minister of
Culture or a deputy duly authorised by him shall impose penalties in administrativeorder.
The foreseen penalties are:
(i) under Article 97, paragraph 1- a fine from leva 20 000 to 200 000;
(ii) under Article 97, paragraph 2- a fine from leva 100 000 to 500 000;
(iii) under Article 97, paragraph 3 in the event of systematic violations the facility
where the infringements of copyright and neighbouring rights have beencommitted shall be closed.
(b) Before the court
Article 59 of the Law on Administrative Violations and Penalties provides that penal
ordinances shall be appealed before the Regional Court according to the place of the
violation .  The decision of the Regional Court may be revised by supervision review
procedures one year of the day of its enactment.  Article 65 and the following Articles
of the Law on Administrative Violations and Penalties provide that  supervision
procedures are under the jurisdiction of the relevant District Court.  In case of
confirmation that the claim is well grounded, the court decision shall award the
claimant with the enrichment of the defendant.
The Penal Code provides for criminal penalties in cases of copyright piracy and
illegal use of a trademark, service mark, appellation of origin or industrial design.
Article 172a, paragraphs 1 and 2 of the Penal Code provide imprisonment of not more
than three years and fines from leva 1 000 000 to 3 000 000 for infringement of
copyright and neighbouring rights.  Article 172a, paragraph 3 provides imprisonmentfrom 1 to five years and fines from leva 3 000 000 to 5 000 000 for repeated
infringement of copyright and neighbouring rights.
Articles 227 and 227a of the Penal Code provide imprisonment to not more than three
years and a fine up to leva 1 000 000 for the illegal use of a trademark, service mark,
appellation of origin or industrial design.
The Bulgarian legislation provides deprivation on behalf of the state of the object of
the crime, as well as of the property, used or designed for intended commitment ofcrime.
The protection of intellectual property rights in the field of layout-designs of
integrated circuits has not been yet legally arranged.  A draft Law on Layout-Designs
of Integrated Circuits has been elaborated, which is harmonised with the European
Directive on the protection of layout-designs of integrated circuits.  IP/Q4/BGR/1
Page 5
[Follow-up questions from the EC]
In its answer the Government of Bulgaria desc ribes in detail the situation with respect to
copyright and related rights.  Please also explain whether Bulgarian law provides for effective
action against any act of infringement of intellec tual property rights in the area of industrial
property.
Bulgarian law provides for effective action against any act of infringement of intellectual
property rights in the area of industrial property.
With respect to enforcement of patent rights, Article 28, paragraph 1 of the Patent Law
provides for a possibility for the patentee to initiate an action for establishing the act of infringement,
to claim injuries and missed advantages, as well as to request that the infringer be ordered to desist
from performing any further action infringing his intellectual property rights.
The Sofia City Court is the competent authority in the consideration of such claims
(Article 64, paragraph 1 of the Patent Law).  The applicant for a patent may also file a claim against
infringement of his exclusive right before the grant of the patent, such claim being subject to
consideration after the Bulgarian Patent Office has enacted a decision to grant a patent.
There is an administrative procedure, which provides for consideration of a request from a
third party for invalidation of granted patents (Article 55, paragraph 2 of the Patent Law).  The abovestated procedure is carried out by the Patent Office.
All final decisions of the Patent Office are subject to judicial control (Article 59 of the Patent
Law) and the competent authority is the Sofia City Court.  The decisions of the Sofia City Court may
be appealed before the Supreme Court or the Supreme Administrative Court.
Upon the application of the patentee the Court might order publication of the decision of the
Court in two daily newspapers on behalf of the infringer, as well as reprocessing or destruction of the
object of the offence and in case of intent also the means the offence has been committed with.
The proprietor of an exclusive licence has the same rights, unless something else has been
stipulated in the contract.
As regards registered trademarks, industrial designs or appellations of origin, the right holder
may initiate administrative or judicial proceedings against the infringer.  Administrative proceedings
are within the competence of the Patent Office (Article 52 of the Law on Trademarks and Industrial
Designs).  Where an infringement is established, the Patent Office shall draw up, upon the request of
the right holder, a statement, followed by the issue of a penal order for the seizure of the infringing
goods.  The presumed infringer is given a three day time limit to contest the penal order before the
President of the Office.  If a contest is not received or the motives in the contest are found not to be
well-grounded, the President of the Patent Office issues a penal enactment, which is sent to therelevant executive authorities for further execution.  Under the Law on Administrative Violations and
Penalties, the statements of the Patent Office may be appealed before the District Court where the
infringement was committed.  Article 51 of the Law on Trademarks and Industrial Designs provides
that in cases of protection of infringed rights through court proceedings the competent authority to
consider the litigation is the respective Regional Court.  The law also provides for an administrativeprocedure for confiscation of goods, imported or produced in the country, carrying illegally a
trademark or produced illegally using an industrial design.
Article 23 of the Law on Trademarks and Industrial Designs provides that any interested
person may file a request for invalidation of the registration of trademarks or industrial designs with
the Patent Office.  The decisions of the Patent Office with regard to such requests, as well as allIP/Q4/BGR/1
Page 6
decisions on the registration procedure, may be appealed before the Sofia City Court (Article 50 of the
Law on Trademarks and Industrial Designs).  Courts of second instance in this case are the Supreme
Court of Appeal and the Supreme Administrative Court.
The infringer of trademark rights is criminally liable under Article 227 of the Penal Code.
The Penal Code provides for criminal procedures and penalties to be applied in cases of wilful
trademark counterfeiting and illegal use of industrial designs and appellation of origin.  Article 227 of
the Penal Code stipulates the imposition of imprisonment of no more than three years and a fine up to
leva 1 000 000 for the use of counterfeit trademarks, and the illegal use of industrial designs and
appellations of origin.
Bulgarian Law provides for deprivation in favour of the state of infringing goods in the case
of wilful trademark counterfeiting and illegal use of an industrial design and appellation of origin and
also of the materials and implements the predomin ant use of which has been in commission of the
offence in case of a wilful crime (Article 227 in relation with Article 53, paragraph 1,
subparagraph (b) of the Penal Code).
Where registered plant varieties are concerned, claims of infringement may be considered
through administrative procedure or in the court.  The Ministry of Agriculture is the competent
authority in the case of administrative procedure (Article 52 of the Law on the Protection of NewPlant Varieties and Animal Breeds).  The procedure is the same as that in cases of infringements of
trademarks and industrial designs.  The legal control is exercised by the Sofia City Court (Article 51,
paragraph 1 of the Law on the Protection of New Plant Varieties and Animal Breeds), which is the
competent authority to consider claims analogous to those in cases of infringements of patent rights
(Article 29, paragraph 1 of the Law on the Protection of New Plant Varieties and Animal Breeds).The administrative procedure of considering claims for the invalidation of certificates which have
been issued is analogous and the Patent Office is the competent authority in such cases.  Article 50 of
the Law on the Protection of New Plant Varieties and Animal Breeds stipulates that the Sofia City
Court is the authority that exercises legal control on all decisions of the Patent Office with respect to
the new plant varieties.
A. Does Bulgarian copyright or other law presently provide for the protection of
layout-designs of integrated circuits?  Has pr otection ever been granted in the Republic of
Bulgaria in respect of a layout-design of an integrated circuit?
Bulgarian legislation does not provide for the protection of layout-designs of integrated
circuits so far.
B. What is the present status of the draft Law on Layout-Designs of Integrated Circuits
and when does the Republic of Bulgaria anticipate that it may be submitted to the appropriate
legislative enactment process?
The draft Law on the Protection of Layout-Designs of Integrated Circuits has been elaborated
by the Patent Office and has been sent to the respective ministries for their comments.  It will besubmitted shortly to the Legislation Council at the Ministry of Justice and Legal Eurointegration.  The
enactment and entry into force of the law are expected in 1998.
C. Is it intended that the draft Law on Layout-Designs of Integrated Circuits will provide
for effective action against any act of infringeme nt of intellectual property rights in respect of
layout-designs of integrated circuits in acco rdance with Article 41.1 of the TRIPS Agreement?
Is it intended that the enforcement provisions of the said draft law will contain all of the
remedies and procedural provisions set forth in the TRIPS Agreement which are not otherwise
covered in the Bulgarian Code of Civil Procedure or the Bulgarian Penal Code?  IP/Q4/BGR/1
Page 7
The draft Law on the Protection of Layout-Designs of Integrated Circuits is based on the
Treaty on Intellectual Property in Respect of Integrated Circuits (1989) and the European Directive
concerning the protection of this intellectual property category.  In these respects it meets the
requirements of the TRIPS Agreement.
2. The provisions of Bulgarian law, which provide for injunctive relief in cases of
infringement of intellectual property rights, do not seem to contain any means to enforce such
injunctions (e.g.  there are no sanctions available for violations of injunctions).  Please explain
how this complies with Article 41.1 of the TRIPS Agreement ("...deterrent to further
infringements.")?
Bulgarian law provides for the compulsory execution of injunctions in order to terminate
infringements of intellectual property rights.  Under the Law on Administrative Violations and
Penalties, where there is a penal order for the confiscation of the infringing goods in favour of theState, a copy thereof shall be sent to the governor of the locality where the infringement was
committed, and the governor, assisted by the police, shall carry out the confiscation of such goods.
Article 422 of the Code of Civil Procedure stipulates the possibility to order a person found to
have infringed the intellectual property rights of another person to desist from further similar actions.
A bailiff shall levy a fine on him for each violation of the above stated obligation.  The amount of thefine is not limited, and shall be imposed as many times as the infringement of intellectual property
rights is committed.  Each case of infringement shall be ascertained at the request of the right holder.
Fines shall be imposed based on a statement of established infringement.  Article 423 of the Code of
Civil Procedure provides that the violator may appeal against the fine in court.  When the court orders
the infringer to pay the right holder damages adequa te to compensate for the injury the right holder
has suffered and benefits he has missed, the latter may authorise a bailiff to enforce that obligation.  In
such case the right holder shall indicate to the bail iff the bank account of the infringer or shall identify
some belongings of the infringer, so as to get the compensation he is entitled to.
[Follow-up questions from the EC]
A. Does Article 422 of the Bulgarian Code of Civil Procedure provide a legal basis for the
granting of injunctive relief in the case of an infringement of intellectual property rights?  Has
an injunction ever been issued pu rsuant to this Article or any other provision of Bulgarian law
in respect of the enforcement of intellectual property rights?
Article 422 of the Code of Civil Procedure provides for compulsory execution of Court
injunctions, i.e.  where the defendant refuses to behave as imposed on him.  In such cases the bailiff
shall impose a fine on him at the request of the right holder.  Where after that sanction the defendantfails again to fulfil the obligations imposed on him by the Court injunction, he shall be fined again.
The fine shall be charged as many times as the infringement is repeated.  Under the Bulgarian
legislation, this is the procedure of compulsory execution of Court injunctions ordering the defendant
to desist from infringement of rights of other holders.
B. What is the legal basis for the assertion in th e reply to question 2 that "the amount of the
fine is not limited"?  Do the provisions of Article 422 of the Bulgarian Code of Civil Procedure
provide a remedy that constitutes a deterrent to further infringement s in accordance with
Article 41.1 of the TRIPS Agreement?
Article 422 of the Code of Civil Procedure stipulates the amount of the fine, but it does not
specify how many times it may be imposed.  Fines may be imposed for any infringement.  Where the
infringer fails to fulfil the obligations imposed on  him by the injunction, the owner of a trademark,
industrial design or appellation of origin may refer to the provisions of Article 227 of the Penal Code,
i.e.  to bring a legal action against the infringer.  The provisions of Article 422 of the Bulgarian CodeIP/Q4/BGR/1
Page 8
of Civil Procedure provide a remedy that constitutes a deterrent to further infringements in accordance
with Article 41.1 of the TRIPS Agreement.
3. Please clarify the legal basis pursuant to which the owner of rights in a trademark, an
industrial design or an appellation of origin may enforce those rights in accordance with
Article 42 of the TRIPS Agreement.  Is it intended that enforcement matters will be addressedin amendments to Law No. 95 of 5 December 1967 which are presently under preparation or
consideration?  Please explain.
Articles 23, 51 and 52 of the Law on Trademarks  and Industrial Designs of 1967 provide for
the enforcement of rights evolving from the registration of trademarks, industrial designs and
appellations of origin.  In the administrative procedure before the Patent Office parties may be
represented by a licensed local industrial property representative (Article 48 of the Law onTrademarks and Industrial Designs and paragraph 6 of the Patent Law), or in the court proceedings by
a local attorney-at-law.  The Implementation Guidelines of the Law on Trademarks and Industrial
Designs stipulate that in the proceedings for cancellation of the registration of the above stated
intellectual property objects the defendant shall be duly informed and shall present his opinion on the
case.
The enforcement procedure under Article 52 of the Law on Trademarks and Industrial
Designs is explained in our reply to question 8.
Article 52 of the Law on Trademarks and Industrial Designs provides that the right holder of a
registered object may lodge an application for infringement of his exclusive intellectual property
rights.  The administrative penal body (Patent Office) shall consider the application and may initiatean inspection.  In case that the inspection concludes that the claims in the application are
well-grounded, a statement shall be drawn up by which the goods shall be seized and left for
responsible keeping.  The statement shall be delivered to the infringer.  On the basis of that statement
the President of the Patent Office shall issue an ad ministrative order for confiscation of the infringing
goods on behalf of the State.
A draft Law on Marks and Geographical Indications and a draft Law on Industrial Designs
have been prepared.  They will replace the Law on Trademarks and Industrial Designs of 1967.  The
above mentioned draft Laws provide for procedures and means of enforcement of intellectual property
rights in compliance with Article 42 of the TRIPS Agreement.
[Follow-up questions from the EC]
How are the rights of authors, creators, performers, producers of phonograms and
broadcasting organizations protected in cases of distribution, presentation, broadcasting,transmission and public exhibition to a limited  number of people (e.g.  showing of a video in
hotel rooms)?
Article 18, paragraph 2, subparagraph 1 of the Law on Copyright and Neighbouring Rights
stipulates that the reproduction of work, regardless of whether it is related to distribution, presentation,broadcasting, transmission or public exhibition and whether it is addressed to a limited or unlimited
number of people, is considered as a use of this work.  Article 18, paragraph 2, subparagraph 1 of the
Law on Copyright and Neighbouring Rights in relation with Article 18, paragraph 1 of the Law
entitles the author to the exclusive right to use the work created by him and to permit its use by other
persons, including the reproduction of the work, regardless of whether it is addressed to a limited orunlimited number of people.  The author has the right of protection provided in the Law on Copyright
and Neighbouring Rights also in case of reproducti on of his work and public exhibition to a limited
number of people.  IP/Q4/BGR/1
Page 9
Article 76, paragraph 1, subparagraph 1 of the Law on Copyright and Neighbouring Rights
provides protection of the exclusive right of a performing artist to permit for compensation the
broadcasting of a performance of his by wireless, cable or other technical means, as well as a sound or
video recording of the performance, the reproduction of the recording on audio or video carriers and
their distribution.  Article 76, paragraph 1, subparagraph 2 of the Law stipulates the exclusive right ofa performing artist to permit for compensation public performance, broadcasting by wireless, cable or
other technical means of such recordings.
Article 76, paragraph 3 of the Law on Copyright and Neighbouring Rights provides protection
of rights of the producers of sound recordings over recording of performances and distribution of
sound recordings.
In cases of distribution, presentation, broadcasting, transmission or public exhibition to a
limited number of people the above stated provisi ons of Article 76 of the Law on Copyright and
Neighbouring Rights with respect to the protection of  rights of performing artists and producers of
sound recordings are applicable.
The provisions of Article 91 of the Law on Copyright and Neighbouring Rights with respect
to the protection of rights of radio and television organizations over their programs are applicable in
cases of broadcasting or retransmissions to a limited number of people.
A. What is the present status of each of the draft Law on Marks and Geographic
Indications and the draft Law on Industrial Designs and when does the Republic of Bulgaria
anticipate that they may be submitted to the appropriate legislative enactment process?
The draft Law on Marks and Geographical Denominations has been elaborated by the Patent
Office and has been sent to the respective ministries for their comments.  It will be submitted shortly
to the Legislation Council at the Ministry of Justice and Legal Eurointegration.  The enactment and
entry into force of the law are expected in 1998.
4. Could the Government of Bulgaria clarify whether Bulgarian law makes provision, in
the context of civil proceedings for the enforcemen t of intellectual property rights, for a means
of adequately protecting confidential information in accordance with Articles 42 and 43.1 of the
TRIPS Agreement?
Bulgarian law provides civil judicial procedures, including procedures concerning the
enforcement of intellectual property rights, which stipulate means to identify and protect confidential
information in compliance with Articles 42 and 44.1 of the TRIPS Agreement.  The review of a case
is usually done in an open meeting.  If there are concerns that the public review of a case could beharmful to the public interest or to the private life of the parties, the court may ex officio or by request
of any party order the review of the case in a closed door session.  This may be related only to some of
the legal proceedings - e.g. the phase of the trial wh en evidence is produced.  At that stage only the
parties, their counsel, experts and witnesses, as well as other persons, who are allowed by the judge to
participate, are present at the review of the cas e (Article 105, paragraph 2 of the Code of Civil
Procedure).
[Follow-up questions from the EC]
Could the Bulgarian Government explain how Bulgarian law is in compliance with the
civil and administrative procedures and remedies required by the TRIPS Agreement, especially
regarding the required seizure of equipment "predominantly used" for piracy.
Bulgarian law complies with the civil and administrative procedures required by the TRIPS
Agreement, especially regarding the required seizure of equipment "predominantly used" for piracy.IP/Q4/BGR/1
Page 10
(a) Civil legal measures
Article 95, paragraph 3 of the Law on Copyright and Neighbouring Rights, provides
that the right holder may require "seizure of copying and reproducing equipment
predominantly used for commitment of infringement" through submission of a civil
legal claim before the relevant District Court.
(b) Administrative penal measures
Article 97, paragraph 1 of the Law on Copyright and Neighbouring Rights defines as
administrative violations the following forms of impermissible use of protected
objects:
(i) reproduction and distribution of video carriers with recordings of films or
other audio-visual works for commercial purposes;
(ii) reproduction and distribution of audio carriers with recordings of works for
commercial purposes;
(iii) organization in any manner of public showings of films or other audio-visual
works;
(iv) commercial offer of sound or video recording services to third parties
consisting of the preparation of single copies of works or other objectsprotected by the Law on Copyright and Neighbouring Rights;
(v) organization of live or recorded public performance or presentation of a work;
(vi) broadcasts by wireless, cable or other means, works or a radio or television
program;
(vii) commercial publication or distribution of already published works;
(viii) distribution or ownership of a comput er program by a person who knows or
has grounds to suppose that this is illegal.
Article 97, paragraph 2 of the Law on Copyright and Neighbouring Rights as recently
amended (State Gazette 1998/10) provides that a second and subsequent violation under paragraph 1
committed within one year of the imposition of the previous penalty shall be punished by a substantialfine and deprivation on behalf of the state of the object of violation.
Article 97, paragraph 3 of the Law on Copyright and Neighbouring Rights stipulates that in
the event of systematic violations the facility where these violations have been committed, such as a
store, studio, establishment, cinema, theatre, company, principle office, etc.  shall be closed for three
to six months.
A. Do Bulgarian courts have authority to exclude a party from that part of a hearing at
which confidential information pertaining to the other party may be disclosed?
Article 4 of the Code of Civil Procedure, as amended, stipulates that the Court provides to
parties equal conditions to exercise their rights.  The Court is obliged to apply the law accurately and
equally to all parties.  Hearings are usually held in open doors, except in cases stipulated explicitly by
the law.  When hearings are in camera , a party cannot be excluded.  IP/Q4/BGR/1
Page 11
5. With respect to the infringement of rights as regards trademarks, industrial designs and
appellations of origin:
(a) do Bulgarian judicial authorities have the authority to order a party to desist
from infringement in accordance with Article 44.1 of the TRIPS Agreement; and
(b) do Bulgarian judicial authorities have the authority to order the infringer to pay
the right holder damages adequate to co mpensate for the injury in accordance
with Article 45.1 of the TRIPS Agreement?
Article 51 of the Law on Trademarks and I ndustrial Designs stipulates that disputes
concerning the ownership, use, assignment or term ination of trademarks, service marks, industrial
designs and appellations of origin shall be referred  to the District Courts.  The court has the authority
to order a party to desist from infringement of the intellectual property rights as regards trademarks,service marks, industrial designs and appellations.  The court also has the authority to order the
infringer to pay the right holder damages adequate to compensate for the injury.
See the reply to question 1, paragraph (g).
[Follow-up questions from the EC]
Please specify under what provisions the District Courts have authority to order a party
to desist from infringement, and under what provisions the court has the authority to order the
infringer to pay the right holder damages adequate to compensate for the injury.
The District Courts have the authority to order the defendant in a case to desist from
infringements.  That competence is stipulated in Articles 308-322 of the Code of Civil Procedure, the
so-called "securing proceedings".  With a view of that, the right holder may file a request for securingof his claim on infringed intellectual property rights with the Court.  The Court may impose securing
measures that include a distraint of movable property.
Article 45 of the Law on Obligations and Contracts establishes the basis on which the District
Court may order the infringer to pay the right hold er damages adequate to compensate for the injury
caused by the infringement with regard to infringement of trademarks, industrial designs andappellations of origin.  Other relevant provisions are Article 28, paragraph 1, subparagraph 2 of the
Patent Law concerning patent rights, Article 51, paragraph 1, subparagraph 3 of the Law on the
Protection of New Plant Varieties and Animal Breeds  as regards infringement of rights granted by
certificates and in Article 45 of the Law on Obligations and Contracts with regard to infringement of
trademarks, industrial designs and appellations of origin.
A. What is the legal basis for the assertion in the response of the Republic of Bulgaria that
the court has authority to order a party to desi st from infringement?  Has an injunction ever
been issued in respect of th e infringement of intellectual property rights pertaining to
trademarks, industrial designs and/or appellations of origin?
The legal basis for the authority of the District Court to order the defendant to desist from
infringement of intellectual property rights are the provisions of Articles 308-322 of the Code of CivilProcedure, i.e. the "securing proceedings".  There is no information so far that a District Court has
issued an injunction in respect of infringement of intellectual property rights pertaining to trademarks,
industrial designs and/or appellations of origin.IP/Q4/BGR/1
Page 12
B. What is the legal basis for the assertion in the response of the Republic of Bulgaria that
the court also has the authority to order the in fringer to pay the right holder damages adequate
to compensate for the injury in infringement cases pertaining to trademarks, industrial designs
and/or appellations of origin?  Has Article 59 of the Bulgarian Law on Obligations and
Contracts been used as an avenue of relief in this regard?
See the reply to the first follow-up question to question no. 5.
C. Is it intended that either or both of the draft Law on Marks and Geographic Indications
and the draft Law on Industrial Designs will contain express provisions relating to injunctive
relief and/or damages in infringement cases?
The draft Law on Marks and Geographical Denominations and the draft Law on Industrial
Designs stipulate specific provisions concerning Court injunctions for desisting from infringement of
other people's rights and compensation for injury caused by the infringement.
6. Do Bulgarian judicial authorities have the authority to order that goods that they have
found to be infringing be, without compensation of any sort, disposed of outside the channels of
commerce or destroyed in accordance with Arti cle 46 of the TRIPS Agreement, notably in the
case of trademarks, industrial designs and appellations of origin?
In regard to counterfeit trademark goods, does Bulgarian legislation specify that the
simple removal of the trademark unlawfully affixed shall not be sufficient, other than in
exceptional cases, to permit release of the goods into the channels of commerce (Article 46 of the
TRIPS Agreement)?
With respect to the civil judicial measures concerning goods found to be infringing
intellectual property rights, see reply to question 1, paragraphs 2-7.
In cases of infringements of rights conferred by patents or plant variety certificates, the court
may order that the object of infringement shall be reprocessed or destroyed without any compensation(Article 28, paragraph 2 of the Patent Law, and Article 29, paragraph 2 of the Law on the Protection
of New Plant Varieties and Animal Breeds).
Article 52 of the Law on Trademarks and Industr ial Designs provides that  goods, imported or
produced in Bulgaria and illegally bearing another's trademark or manufactured using another's
industrial design registered in the country, or false appellations of origin, shall be subject to seizure.
In regard to counterfeit trademark goods, the Law on Trademarks and Industrial Designs does
not specify that the simple removal of the trademark unlawfully affixed shall not be sufficient, otherthan in exceptional cases, to permit release of the goods into the channels of commerce.
[Follow-up questions from the EC]
A. What does the State do with infringing goods which have been seized pursuant to
Article 52 of the Bulgarian Law on Trademarks and Industrial Designs of 1967?  What is the
legal basis for such disposition?
Article 80 of the Law on Administrative Violations and Penalties stipulates that goods which
have been confiscated on behalf of the State pursuant to Article 52 of the Law on Trademarks and
Industrial Designs shall be placed at the disposal of the governor of the district where the infringement
was committed.  Goods bearing an unlawfully affi xed trademark or appellation of origin shall be
repackaged, where it is not possible to delete the mark or the appellation of origin, and shall be put on  IP/Q4/BGR/1
Page 13
sale in State-owned stores, the sale earnings being deposited into the republican budget account upon
deduction of the repackaging and transportation expenses.
B. Is it intended that either or both of the draft Law on Marks and Geographic Indications
and the draft Law on Industrial Designs will contain express provisions relating to:
(a) the disposition of goods seized pursuant to each of the said laws;  and/or
(b) the issue of the simple removal of an unlawfully affixed trademark as an
insufficient condition precedent for the release of counterfeit trademark goods
into the channels of commerce?
The draft Law on Marks and Geographical Denominations and the draft Law on Industrial
Designs stipulate provisions that infringing goods shall be seized on behalf of the State, no matter
whose property they are, the seizure being carried out on the basis of a penal injunction establishingthe act of infringement.  The goods shall be processed pursuant to Article 80 of the Law on
Administrative Violations and Penalties, the procedure being described in detail in our reply to
question 6A.
7. Do Bulgarian judicial authorities have the authority to order that materials and
implements the predominant use of which has been in the creation of infringing goods be,
without compensation of any sort, disposed of outside the channels of commerce in accordance
with Article 46 of the TRIPS Agreement, notably in the case of trademarks, industrial designs
and appellations of origin?
Article 28, paragraph 2 of the Patent Law and Article 29 paragraph 2 of the Law on the
Protection of New Plant Varieties and Animal Breeds provide that in cases of wilfully committed
infringements of rights conferred by patents or plant variety certificates, the materials and implements
the use of which has been in the commission of the offence shall be reprocessed or destroyed without
compensation of any sort.
[Follow-up questions from the EC]
A. Do Bulgarian judicial authorities have the authority to order that materials and
implements the predominant use of which has been in the creation of infringing goods be,
without compensation of any sort, disposed of outside the channels of commerce in accordance
with Article 46 of the TRIPS Agreement, in the case of trademarks, industrial designs and
appellations of origin?
There are no such provisions for civil and administrative procedures and remedies in
Bulgarian legislation in the field of trademarks, industrial designs and appellations of origin.
B. If the answer to follow-up question A is in the negative, is it intended that the draft Law
on Marks and Geographic Indications will contain express provisions relating to disposal of
such materials and implements ou tside the channels of commerce?
The draft Law on Marks and Geographical Denominations and the draft Law on Industrial
Designs provide for seizure of the means and materials the predominant use of which is in the creation
of infringing goods.
8. Please explain the procedure whereby Bulgaria n authorities give effect to the provisions
of Section 52 of the Trademarks and Designs Act and explain whether and how such procedurecomplies in all respects with the provisions of  Section 2 of Part III of the TRIPS Agreement.IP/Q4/BGR/1
Page 14
The Patent Office of the Republic of Bulgaria is the competent authority which is authorised
to carry out the procedure of Article 52 of the Law on Trademarks and Industrial Designs.  The holder
of a registered trademark, industrial design or appellation of origin shall file a request for ascertaining
the infringement of his intellectual property righ ts and pay a prescribed fee.  Upon establishing
infringement, the Patent Office shall draw up a st atement against the infringer, and the infringing
goods shall be disposed of outside the channels of commerce.  The statement shall be in writing, and it
shall contain the grounds of the request, as well as the facts on the basis of which the infringement
was established.  The statement shall be delivered to the infringer, giving him three days to object.
Where the infringer does not object or the arguments of his objection are found groundless, the
President of the Patent Office shall issue a penal order for seizure of the goods bearing the infringing
trademark, industrial design or appellation of origin.  The Law on Administrative Violations and
Penalties provides that the penal order is subject to legal control in the respective District Court.  The
penal order shall be executed by the administrative authorities in the locality where the infringement
was committed.
The parties may be represented by a licensed industrial property representative before the
Patent Office in the proceedings, stipulated in Article 52 of the Law on Trademarks and Industrial
Designs (Article 48 of the Law on Trademarks and Industrial Designs), or by an attorney-at-law incourt.
It is our understanding that this procedure is in compliance with the provisions of Section 2
"Civil and Administrative Procedures and Remedies" of Part III of the TRIPS Agreement.
[Follow-up questions from the EC]
Reference is made to the "general procedur e" for the protection of works during the
period between the death of the author or publication and the beginning of the following year.
What is meant by the "general procedure"?
The term "general procedure" used in the reply to question 8 means that during the period
between the death of the author and the beginn ing of the following year his copyright and
neighbouring rights are protected in the same manner as during the period after 1 January of the year
following the author's death.  In the indicated interi m period, as in the period after the beginning of the
time-limit a permission for use of the author's work, respectively the subjects of neighbouring rights,
is granted by the inheritors, and in cases of no inheritors – by the Ministry of Culture.
A. Are the procedures described in respect of th e application of Article 52 of the Bulgarian
Law on Trademarks and Industrial Designs set forth in any legislative enactment?  If so, please
specify.
The procedure stipulated in Article 52 of the Law on Trademarks and Industrial Designs is set
forth also in the draft Law on Marks and Geographical Denominations and the draft Law on Industrial
Designs.  The drafts provide that the fulfilment of that procedure will be assigned to the Ministry of
Trade and Tourism.
B. Is it intended that the draft Law on Marks and Geographic Indications will contain
express provisions setting forth the procedu re applicable in cases involving the seize of
infringing goods?
There are no provisions concerning the disposal of seized goods, since the procedure of
Article 80 of the Law on Administrati ve Violations and Penalties, described in our reply to follow-up
question A to question 6, shall be applied.  IP/Q4/BGR/1
Page 15
9. Does Bulgarian law permit relevant judicial authorities to order an infringer to inform
the right holder of the identity of third persons involved in the production and distribution of
infringing goods or services and of their channels  of distribution in accordance with Article 47
of the TRIPS Agreement?
The legal protection of intellectual property rights does not provide for obligation of the
infringer to inform the right hold er of the identity of third persons, involved in the production and
distribution of infringing goods.  However, the legal provisions relating to evidence produced by a
witness include provisions in this respect:
(a) Article 135 of the Code of Civil Procedure stipulates that nobody has the right to
decline from testimony, except in cases, explicitly provided by the Law (relatives of
the parties in a direct line or by marriage, as well as the cases in which the person willcause himself or to his related persons injury, penal prosecution, etc.  through his
evidence).
(b) Article 138 of the Code of Civil Procedure stipulates that witnesses shall pledge to tell
the truth.  Article 290 of the Penal Code provides that witnesses shall bear penal
responsibility for false evidence.  Before th e court they are obliged to produce all data,
known to them, on the identity of persons, participating in the process of reproduction
and distribution of illegally recorded copies of the works, subject of violation.
(c) Articles 71 and 72 of the Code of Civil Procedure provide responsibility (fines or
compulsory appearance) for witnesses brought before the court in case of
non-appearance before the court or rejection of giving evidence without significantreasons.
(d) Article 136 of Code of Civil Procedure stipulates that testimony of relatives and any
other persons interested in the benefit or prejudice of one of the parties shall be
considered in relation with all evidence on the case taking into account their interest.
Measures in this respect are stipulated in other provisions, concerning evidence in the civil
procedure.  Bearing in mind the general principle that each party is obliged to establish the
circumstances on which it bases its claims and objections as stipulated in Article 127, paragraph 1 of
the Code of Civil Procedure, the foll owing provisions shall be considered:
(e) Article 128, paragraph 2 of the Code of Civil Procedure provides that the facts for
which the party in a intellectual property rights case has created obstacles in their
collecting, has refused to answer or has given evasive or obscure answers, may be
accepted by the court as proved facts, considering the circumstances of the case.
(f) Article 152 of the Code of Civil Procedure stipulates that a party may require the
other party to present a document which is at its disposal.  A condition for evidence
acceptance is that the party shall clarify its significance for dispute settlement.
(g) Article 153 of the Code of Civil Procedure provides that each party may require from
a third party, not participating in the procedure, to submit a document which is at itsdisposal.  The court drafts a determination on acceptance of the document on the basis
of written application, a copy of which is send to the document-holder with a term
within which the latter has to be submitted.  In case when the third party fails to
submit the required document, the court shall impose a fine(Article 73 of the Code of
Civil Procedure).IP/Q4/BGR/1
Page 16
[Follow-up question from the EC]
A. Does the Bulgarian Code of Civil Procedu re authorise judicial authorities to order an
infringer to inform the right holder of the identity of third persons involved in the production
and distribution of infringing goods and services and of their channels of distribution in
accordance with Article 47 of the TRIPS Agreement?
In the civil legal procedure for protection of intellectual property rights there is no provision
on direct obligation of the infringer to inform the ri ght holder of the identity of persons, involved in
the reproduction and distribution of illegally recorded copies.  However, the legal provisions relating
to evidence include similar provisions, as follows:
(a) Article 135 of the Code of Civil Procedure provides that a party has the right to reject
testimony, except in cases, explicitly provided by the Law (in cases of relatives of theparties in a direct line or by marriage, as well as the cases in which the person will
cause through his evidence himself or to his related persons injury, penal prosecution
etc.).
(b) Article 138 of the Code of Civil Procedure stipulates that witnesses pledge to tell the
truth and are penally responsible for evidence that is not true, as it is provided inArticle 290 of Penal Code.  Before the Court they are obliged to deliver all data,
known by them on the identity of persons involved in the process of reproduction and
distribution of illegally recorded copies of the works subject of copyright.
(c) Articles 71 and 72 of the Code of Civil Procedure provide that witnesses summoned
before the Court are liable to responsibility (fines or compulsory bringing beforeCourt) in case of non-appearance or declining to produce evidence with no valid
reason.
(d) According to Article 136 of the Code of Ci vil Procedure, testimony of relatives and
any other persons interested in the benefit or to the prejudice of one of the parties
shall be considered in relation with all evidence on the case taking into account theirinterest.
Measures in this sense are included in different provisions pertaining to the rest of the
evidence instruments in the civil procedure.  Bearin g in mind the general principle that each party is
obliged to establish the circumstances on which it bases its claims and objections (Article 127,
paragraph 1 of the Code of Civil Procedure), the following provisions are considered as important:
(e) Article 128, paragraph 2 of the Code of Civil Procedure sets forth that the facts for
which the party to a case of infringed intellectual property rights has created obstaclesfor collecting the evidence accepted by the Court, has refused to answer or has given
deviating or obscure answers, may be accepted by the Court as proved considering the
circumstances of the case.
(f) Article 152 of the Code of Civil Procedure stipulates that each party may require that
the other party will submit a document which is at its disposal.  The condition forevidence acceptance is a clarification by the party of the significance of the evidence
for the settlement of the case.
(g) Article 153 of the Code of Civil Procedure provides that each party may require that a
third party, not participating in the proceedings, will deliver a document which is at
its disposal.  The Court enacts a decision on acceptance of the document on the basisof a written application, a copy of which is  send to the document-holder with a time-  IP/Q4/BGR/1
Page 17
frame within which the document shall be produced.  In cases where the required
document is not produced by the third party,  the Court shall impose a fine (Article 73
of the Code of Civil Procedure).
10. Do Bulgarian judicial authorities have the authority to order prompt and effective
provisional measures to prevent an infringeme nt of any intellectual property right from
occurring in accordance with Article 50.1(a) of the TRIPS Agreement?  Please explain.
Bulgarian judicial authorities have the authority to order prompt and effective provisional
measures to prevent an infringement of any inte llectual property right from occurring in accordance
with Article 50.1(a) of the TRIPS Agreement.
The provisions of Article 308 and the followin g Articles of the Code of Civil Procedure
stipulate the claim security procedure which is applicable with respect to the prevention ofinfringement of intellectual property rights from occurring.
The aim of the claim security procedure is to provide protection of the infringed right when
the legal case in court is pending.  It is possible to demand a security procedure for a future claim.
The proceeding shall start on the request of the interested party (right holder of intellectual property
rights).  The request in written form shall be submitted to the District Court, before which the case ispending.  The request shall be submitted to the Regional Court in the claimant’s residence or in the
location of the real estate property, which shall be the security in a case where it is related to a lawsuit,
which will be filed subsequently (Article 309 of the Code of Civil Procedure).  The court shall
determine the term when the lawsuit shall be filed.  In case the term is not observed the court shall
abolish the security.  The request shall specify the security measure and the price of the claim.
Claim security shall be ordered when it will be impossible or difficult for the applicant (holder
of intellectual property rights) to fulfil his rights after the enactment of the decision by the court.
Article 310 of the Code of Civil Procedure provides sound guarantees against abuse.  The claim shall
be substantiated by written evidence.  The court may determine that a guarantee shall be submitted.
With a view to order prompt and effective provisional measures, the court shall draft a
decision on the above stated claim in closed doors session on the date of its submission.
Article 316 of the Code of Civil Procedure provides that the claim security shall be attained
through the imposition of relevant measures:  restraint on real estate property, distress on movable
property and receipts of the defendant (the infringer), as well as through other relevant measures,
determined by the court.  Several measures on claim security may be allowed on the total amount
stated in the claim.  Article 317 of the Code of Civil Procedure stipulates the possibility of
replacement of a measure on claim security with another measure.  Such replacement shall beundertaken on the request of one of the parties, after notification about the request of the other party
and consideration by the court of objections of the other party.
The distress on receipts shall be imposed by the bailiff on request of the claimant, on the basis
of an order of the court.  A letter on the imposition of the distress shall be sent to the defendant.
Article 319, paragraph 2 of the Code of Civil Procedure stipulates the procedure of the restraint onreal estate property and distress on movable propert y.  Article 345 paragraphs 1 and 2 provide the
obligations arising from the imposition of restraint on real estate property and distress on movable
property.IP/Q4/BGR/1
Page 18
[Follow-up questions from the EC]
A. Does the Bulgarian Code of Civil Procedure authorize Bulgarian judicial authorities to
grant relief in the nature of interlocutory inju nctive relief to prevent an infringement on
intellectual property rights in accordance with Article 50.1(a) of the TRIPS Agreement?
In cases where the prerequisites of Articles 308 and 309 of the Code of Civil Procedure are
met, Bulgarian judicial authorities may enact respective interlocutory injunctive relief to provide
protection of the infringed intellectual property rights during a case which is pending and until the
enactment of the Court's final decision.  The above stated provisions of Articles 308 and 309 of the
Code of Civil Procedure are in compliance with Article 50.1(a) of the TRIPS Agreement.
The claim security does not have a nature of indemnification for injuries caused and losses
suffered as a consequence of infringement of intellectual property rights.  Claim security aims atprotecting the claimant in an open or future case on intellectual property rights against unscrupulous
actions of the defendant, which have been undertaken before the Court enacts its decision and intend
to frustrate the defence it gives.  The appropriate indemnification in type and size may be defined only
by Court decision.
B. Have Bulgarian judicial authorities ever granted interlocutory injunctive relief to
prevent an infringement of intellectual property rights?
There is no information available for interlocutory injunctive relief granted by the Bulgarian
judicial authorities.
11. Do Bulgarian judicial authorities have the authority to order provisional measures to
preserve relevant evidence inaudita altera parte  in accordance with Article 50.1(b) of the TRIPS
Agreement?  Please explain.
The interested party may request the court to order provisional measures to preserve relevant
evidence in case when there is a possibility that the evidence might be lost or its collection might bedifficult.
The provisions of Article 166 of the Code of Civil Procedure stipulate that the procedure on
evidence security shall be initiated on request of the interested party (the holder of intellectual
property rights).  The request shall be submitted to the court before which the case is pending and in
case of future court proceedings - before the court in the defendant’s residence or in the location of the
real estate property on which inspection will be held.  Copy of the request shall be transmitted to the
other party.  In case the request is rejected by a decision of the court the interested party may appealagainst that decision.  The court may initiate ex officio a procedure on evidence security when the
case is pending.
Article 165 and following Articles of the Code of Civil Procedure provide that the evidence
security shall be attained through their preliminary collection.  These measures shall be used when
there is a risk that some of the evidence might be lost or its collection might be difficult.
The general rules of civil procedure shall apply with respect to the methods of evidence
collection (Article 169 of the Code of Civil Procedure).
There is also a possibility for preliminary collection of evidence in case of pending court
proceedings or in case of future court proceedings.  The interested party shall submit the request for
evidence security to the regional court in the applican t’s residence or in the location of the real estate
property on which inspection will be held (Article 166 of the Code of Civil Procedure).  IP/Q4/BGR/1
Page 19
[Follow-up question from the EC]
Does Bulgarian Law authorise Bulgarian judicial authorities to order provisional
measures inaudita altera parte  in accordance with Article 50.2 of the TRIPS Agreement?
Evidence securing proceedings (Articles 165 and 166 of the Code of Civil Procedure) are
initiated by the interested party (right holder).  The request for evidence securing procedure (crossexamination, etc.) is submitted to the Court before which the case is pending, respectively in future
case - in the domicile of the defendant or in the domicile of the property under inspection (Article 166
of the Code of Civil Procedure).  A copy of this statement is delivered to the other party.  In an open
case the protection may be initiated by the Court.
In order to facilitate prompt judicial proceedi ngs, Article 168 of the Code of Civil Procedure
provides for a possibility for the judicial authorities to order provisional measures  inaudita altera
parte .  Considerations for this are as follows:
(a) it concerns a future claim, and
(b) the claimant is not able to identify the name and the address of the other party.
After assessing that the above stated conditions are met, the Court nominates a representative
of the other party.
The meaning of this provision is that in evidence securing proceedings (for example, the claim
under Article 94 of the Law on Copyright and Neighbouring Rights) the parties are identical with
these in the future claim itself.  Namely, they ar e supposed to take part in the proceedings for
preliminary collection of evidence.  However, the cas e may be, that the holder of intellectual property
rights, who has suffered losses because of impermissible use of his work, has no information about the
infringer.  In order that it will not create obstacles to securing of evidence, the Court appoints arepresentative of the infringer who on his behalf participates in the proceedings and receives a copy of
the request for securing of evidence.
12. Does Bulgarian law provide for the rights and obligations set forth in Articles 50.3, 50.5,
50.6 and 50.7 of the TRIPS Agreement in respect of provisional measures?
The Bulgarian Code Civil Procedure provides for the rights and obligations set forth in
Articles 50.3, 50.5, 50.6 and 50.7 of the TRIPS Agreement in respect of provisional measures.
Article 50.3 of the TRIPS Agreement
The Code of Civil Procedure provides for evidence security.  Preliminary collection of
evidence in case of pendent or future court proceedings on intellectual property rights shall be allowed
when there is a possibility that some of the evidence might be lost or its collection might be difficult
(Article 165 of the Code of Civil Procedure).
Article 310 of Civil Procedure Code provides  guarantees for abuse prevention of claim
security.  Claim security shall be allowed in case of cumulative availability of the following
requirements:
(1) security shall be allowed when it will be impossible or difficult for the claimant
(holder of intellectual property rights) to exercise his rights after the court enacts itsdecision, and
(2a) the claim shall be substantiated by written evidence, orIP/Q4/BGR/1
Page 20
(2b) the assurance determined by the court shall be presented.
The court may decide that the claimant shall submit an assurance in cash or in property
additionally to the written evidence on the claim (Article 310, paragraph 2 of the Code of CivilProcedure).
The court may order security on the total amount of the claim or only on those parts of it that
are satisfactory substantiated by evidence (Article 313 of the Code of Civil Procedure).
The court may enact a decision on the claim in closed doors session on the date of their
submission.
The Code of Civil Procedure stipulates guarantee for protection of the defendant’s interest
with respect to the evidence   (Article 167) and claim security (Articles 310, 315, 317, 321 and 322).
Article 50.5 of the TRIPS Agreement
The court may request the applicant to supply additional information - contracts, authorization
letters, affidavits, etc, for the identification of the goods which involve alleged infringement of
intellectual property rights.
Article 50.6 of the TRIPS Agreement
The court may decide on security of future claim.  In that case the court shall  specify the term
in which the lawsuit shall be filed (Article 309 of the Code of Civil Procedure).  The non-observation
of that term shall invoke cancellation of the security (Article 309 of the Code of Civil Procedure).
Article 50.7 of the TRIPS Agreement
The Code of Civil Procedure provides that the court may order the applicant, upon request of
the defendant, to provide the defendant appropriate compensation for any injury caused by the
provisional measures, which have been revoked or have lapsed.
When the applicant’s claim of intellectual pr operty right infringements has been rejected, or
the applicant failed to observe the term for filing the suit before the court (under Article 309 of the
Code of Civil Procedure), or the suit has been terminated, the defendant may request the claimant toprovide compensation for the injuries caused by the security (Article 322, paragraph 1 of the Code of
Civil Procedure).  The responsibility of the applicant includes all direct and indirect injuries caused by
the security to the defendant.
In the above stated cases the assurance submitted by the applicant under Article 310.b of the
Code of Civil Procedure may be released only upon the defendant’s approval.  For that purpose a copy
of the applicant’s request for release of the assurance shall be delivered to the defendant who may
object and within one month may file a lawsuit before the court for compensation for the injuriescaused.
The compensation  shall cover all direct and indi rect injuries caused by the guarantee to the
defendant (Article 51, paragraph 1 of the Law on Obligations and Contracts).  IP/Q4/BGR/1
Page 21
13. Does Bulgarian law provide for a procedure whereby a right holder may apply for the
suspension by customs authorities of the release into free circulation of goods suspected of being
counterfeit trademark or pirated copyright goods in accordance with Article 51 of the TRIPS
Agreement?  If so, do such procedures comply with the provisions of Articles 52 to 57 and 59 of
the TRIPS Agreement?  Please explain.
The draft Law on Marks and Geographical Indications sets forth a procedure whereby a right
holder may apply for suspension by customs authorities of the release into free circulation of goods
suspected to bear a trademark without his consen t or imitation of a registered trademark.  That
procedure complies with the provision of Article 51 of the TRIPS Agreement.
14. Does Bulgarian law provide for criminal procedures and penalties to be applied in cases
of wilful trademark counterfeiting in accordance with Article 61 of the TRIPS Agreement?
The Penal Code provides for criminal procedures and penalties to be applied in cases of wilful
trademark counterfeiting Articles 227 and 227a of the Penal Code provide for the use of counterfeited
trademarks the imposition of imprisonment of not more than three years and a fine of up to
leva 1 000 000.
[Follow-up question from the EC]
Have any final criminal sentences been rendered by Bulgarian courts for infringements
of trademarks, copyright or related rights during  the past 12 months?  If the answer is in the
affirmative, have any fines been collec ted or any prison terms been served?
Twenty-nine penal suits for infringements of copyright and neighbouring rights have been
brought before Bulgarian Courts in 1997.  In 12 of them final sentences have been rendered by Courts,
5 cases have been suspended and 12 are pending.  The Courts rendered three effective sentences,
seven conditional sentences imposing imprisonment to not more than three years and in two suits
penal fines were imposed.
In 1997 the administrative penal suits for violation of the provisions of the Law on Copyright
and Neighbouring Rights amounted to 48; 36 of them have been resolved and 12 are pending.  The
penalties rendered were fines.
15. Does Bulgarian law provide for the seizu re, forfeiture and destruction of infringing
goods in the case of wilful trademark counterf eiting and for the seizure, forfeiture and
destruction of materials and implements the predominant use of which has been in the
commission of the offence in the case of w ilful trademark counterfeiting in accordance with
Article 61 of the TRIPS Agreement?
Bulgarian law provides for deprivation on behalf of the state of infringing goods in the case of
wilful trademark counterfeiting and also of the materials and implements the predominant use of
which has been in commission of the offence in the case of wilful trade counterfeiting (Articles 227and 227a in relation with Article 53, paragraph 1, subparagraph(b) of the Penal Code).
[Follow-up question from the EC]
Have any final criminal sentences been rendered by Bulgarian courts for infringements
of trademarks, copyright or related rights during  the past 12 months?  If the answer is in the
affirmative, have any fines been collec ted or any prison terms been served?
See the reply to the follow-up question to question 14.IP/Q4/BGR/1
Page 22
16. With regard to cases that involve the infrin gement of intellectual property, could the
Government of Bulgaria provide data on the number of:
- law suits that have been filed includin g their respective outcome and the average
length from the filing of a complaint until the final judgment;
- injunctions that have been issued (as defined in Article 44 of the TRIPS
Agreement) and explain how such injunctions are being enforced;
- provisional measures (as defined in Article 50 of the TRIPS Agreement) that
have been granted and the average length to obtain such measures (from the
request);
- suspensions at the border of counterfeit trademark, pirated copyright goods or in
relation to goods where other intellec tual property rights are infringed;
- criminal cases including the sentences that  have been applied, whether they have
been executed and please also explain what kind of infringement of an
intellectual property right would be regarded as a violation of criminal law;
- seizures and/or destruction of counterfeit trademark and pirated copyright
goods.
Furthermore, could the Government of Bulgar ia explain and give practical examples of:
- how the compensation for damages of the infringement of intellectual property
rights is calculated (Article 45.1 of the TRIPS Agreement);
- what would be regarded as "expenses of the right holder" which have to be
reimbursed pursuant to Article 45.2, first ha lf of the first sentence, of the TRIPS
Agreement and how they would be calculated;
- whether attorney’s fees can be reimbursed and how such fees would be
calculated;
- whether Article 45.2, second sentence, of the TRIPS Agreement has been
implemented in Bulgaria and how such "damages" would be calculated.
Ten law suits that involved infringements of inte llectual property rights were filed before the
competent courts in Bulgaria from 1 January to 30 June 1997.  The average duration of court
proceedings concerning cases of infringements of intellectual property rights is one year.
The decisions of the court which may be enacted for different types of claims have been
overviewed in the reply to question 1.  Their enforcement depends on the particular case.  When a
damage adequate to compensate for the injury has been enacted, it may be collected through
compulsory sale of real estate property and movable property, owned by the debtor (Article 360 andfollowing Articles of the Code of Civil Procedure) .  Under the provisions of Article 414 of the Code
of Civil Procedure when a court enacts a claim for obtaining illegitimately produced copies of a work,
including negatives, master copies and others under Article 95, paragraph 4 of the Law on Copyright
and Neighbouring Rights, the bailiff shall seize the above stated objects and shall deliver them to the
applicant (right holder).  When the court enacts a decision that the defendant shall suspend certainactivities (for instance, in case of acceptance of a claim under Article 95, paragraph 3 of the Law on
Copyright and Neighbouring Rights the court has the authority to order seizure and cancellation of
operation of the copying and reproducing equipment used by the defendant exclusively for committing  IP/Q4/BGR/1
Page 23
infringements of copyright and neighbouring rights), the bailiff  may impose monetary fines to the
defendant (Article 419 of the Code of Civil Procedure).
With a view to order prompt and effective provisional measures under Article 308 and the
following Articles of the Code of Civil Procedure, the court may draft a decision on a claim in closed
door session on the date of the submission of the cl aim.  The security procedure measures approved by
the court shall be enforced by the bailiff, in whose region is situated the real estate property or the
movable property, on which the security has been imposed on.  The average length to obtain
provisional measures is one to two days.
From 1 January 1997 until 31 October 1997, 200 police inspections in more than 700
inspected objects were undertaken.  Forty-six administrative penal statements were drawn up and 45
administrative penalties were enforced under Article 97 of the Law on Copyright and Neighbouring
Rights (monetary fine from leva 20 000 to 500 000 and closure of the facilities where the violationshave occurred for three to six months).  Thirty in vestigation suits were initiated under Article 172a of
the Penal Code (infringements of copyright and neighbouring rights).  Seventeen lawsuits were filed
before the court under Article 172a of the Penal Code.
More than 100 000 pirated CDs, the subject of customs violation, were publicly destroyed in
July 1997.
The court may consider the caused injuries as a consequence of the infringement of
intellectual property rights (Article 45.1 of the TRIPS Agreement).  Their amount shall be
substantiated by the injured party.  The criteria is different in the various cases.  When a compensation
for injuries on property is requested that might be the remuneration, which the injured would have
received if he had a contract for conceding the right of usage on the work signed.  On thecompensation for moral injuries the court may determine the  amount of compensation, proceeding
from the considerations of equity (Article 52 of the Law on Obligations and Contracts).
Besides general taxes (which shall be paid at the moment of claim submission in accordance
with Article 99, subparagraph (b) of the Code of Civil Procedure), the parties are obliged to cover the
expenses for summoning of witnesses and experts and conducting of inspections (Article 59 of theCode of Civil Procedure).  The expenses shall be determined by the court and shall be paid by the
party who has requested the summoning of witnesses and experts and the conducting of inspections.
Article 62 of the Code of Civil Procedure provides that the remuneration of experts shall be
determined on the basis of the work completed and the expenses spent.  In case when the court enacts
a decision it may order the expenses spend to be paid by the sentenced party (Article 63, paragraph 3
of the Code of Civil Procedure).  Public taxes, expenses and the lawyer’s remuneration paid by the
claimant shall be paid proportionately to the accepted part of the claim by the defendant (Article 64 ofthe Code of Civil Procedure).  The defendant may also request payment of his expenses
proportionately to the rejected part of the clai m (Article 64, paragraph 2 of the Code of Civil
Procedure).
The amount of expenses shall be determined by the court (Article 168, paragraph 1 of the
Code of Penal Procedure, in relation with Article 84 of the Law on Administrative Violations andPenalties).
When the law suit is accepted, the court decision  may assign to the infringer of intellectual
property rights the expenses of the case, including the lawyer’s remuneration (Article 169, paragraph
2 of the Code of Penal Procedure, in relation with Article 84 of the Law on Administrative Violations
and Penalties).  In case when the court  orders cancellation of the case the expenses shall be paid bythe State (Article 170 of the Code of Penal Procedure, in relation with Article 84 of the Law on
Administrative Violations and Penalties).IP/Q4/BGR/1
Page 24
The provisions of Article 45.2 of the TRIPS Agreement have been implemented in Bulgaria.
(a) With respect to the civil judicial measures  - see the reply to question 1
paragraphs (b)-(g).
(b) Bulgarian law provides for administrative penal measures in cases of administrative
violations, which have been imprudently committed.
Under Article 7, paragraph 2 of the Law on Administrative Violations and Penalties
imprudent actions shall not be punished only in explicitly specified cases.  The basic
principle of the administrative law and procedure of Bulgaria is that administrative
violations, which have been imprudently committed, are indictable.  The Law on
Copyright and Neighbouring Rights does not provide exceptions to that principle and
the administrative violations, stipulated in Article 97 of the Law on Copyright andNeighbouring Rights are indictable even if they are committed imprudently.
(c) Bulgarian legislation provides for penal measures for violations, which have been
imprudently committed only in explicitly envisaged cases.  The criminal
qualifications stipulated in Article 127a of the Penal Code require unconditionalexistence of direct intention.  Contrary to administrative law, the penal law accepts as
a basic principle the indictability of imprudent actions only in the explicitly envisaged
cases (Article 11, paragraph 4 of Penal Code).  Articles 172a, 227 and 227a of the
Penal Code do not set forth provisions for penal measures in cases of violations which
have been imprudently committed.
III. REPLIES TO QUESTIONS POSED BY JAPAN
1. Please indicate the "competent authoritie s" stipulated in Article 51 of the TRIPS
Agreement.
Under Bulgarian law the competent authorities stipulated in Article 51 of the TRIPS
Agreement are Customs Authorities.
2. Please explain whether "proceedings leading to a decision on the merits of the case"
stipulated in Article 55 of the TRIPS Agreement, are judicial or administrative.
Under Bulgarian legislation the proceedings leading to a decision on the merits of the case
stipulated in Article 55 of the TRIPS Agreement are judicial.
When the subject of violation is a trademark, industrial design or indication of the place of
origin and this violation has been established in administrative order through penal enactment under
the provisions of Article 52 of the Law on Trademarks and Industrial Designs, the lawsuit shall be
filed before the District Court on the territory of which the violation has occurred.  When violation onthe above-stated objects of intellectual property is established by the court under the provisions of
Article 51 of the Law on Trademarks and Industrial Designs the competent authority shall be the
relevant District Court.
In case of infringed rights on invention or utility model the competent authority shall be the
Sofia City Court.
In case of infringed rights related to certificate on new plant variety the competent authority
shall be the Sofia Country Court and when the violation is established in the administrative order
stated above the competent authority shall be the District Court according to the place of violation.  IP/Q4/BGR/1
Page 25
3. Are there any ways other than  the application stipulated in Articles 51 and 52 of the
TRIPS Agreement (hereafter referred to as "t he Application") which enable a right holder to
request the competent authorities to suspend the release of the goods which infringe intellectual
property rights or which are suspected to  infringe intellectual property rights?
The legislation of the Republic of Bulgaria includes the "guarantee procedure", envisaged in
Article 308 and the following Articles of the Code of Civil Procedure.  In accordance with these
provisions the claimant, at any stage of the lawsuit or before lodging the claim for establishment of
right violation on any intellectual property right,  in order to prevent entry into the channels of
commerce of infringing goods, may furnish adequate written evidence or may present a guarantee in
cash or in property.  The possible collateral measures, which the court shall enact are distraint ongoods which involve infringements of intellectual property rights, as well as other appropriate
measures determined by it.  These measures deprive the defendant from his control authority, oblige
him to keep the distraint property and may lead to submission of the property to a keeper.
When the violation is established in administrative order under the provisions of Article 46 of
the Law on Administrative Violations and Penalties, the goods which involve infringement of
intellectual property rights shall be submitted for responsible keeping to the:
- office of the authority which has drawn up the administrative order;
- municipal administration in the place of violation;
- violator or other persons.
Perishable products shall be sold by State-owned or municipal companies and the sum,
decreased by the committed expenses, shall be deposited with the State Savings Bank.
4. Please explain what term your country regards  as "a reasonable period within which the
competent authorities shall inform the applic ant whether or not they have accepted the
Application" stipulated in Article 52 of the TRIPS Agreement.
The holder of intellectual property rights may use the opportunity of the guarantee procedure,
stated above in reply to question 3, and through court decision may get a suspension of goods at the
customs.
Procedures related to the suspension of import of goods, which involve infringement of
intellectual property rights of a third party, are provided in the draft Law on Marks and Geographical
Indications.  The draft Law is in its final legislative stage and its enactment by the National Assembly
is pending.  Under the provisions of Article 75, paragraph 1 of the draft Law on Marks and
Geographical Indications with the receipt of the request of the right holder the customs authoritiesshall suspend the import of the goods and shall notify the importer, giving him a 7 days term for
objection.  In case when within that term there is no objection from the importer the customs
authorities shall seize the goods on behalf of the State - Article 75, paragraph 2 of the draft Law.
5. Please explain the term during which the Application is effective.
The provisions of Article 309 of Code of Civil Procedure stipulate that the term within which
the case shall be brought before the court, is determined by the court itself.
Article 77, paragraph 1 of the draft Law on Marks and Geographical Indications provides that
the suspended from import goods at the customs shall be released in case when the right holder within
14 days term from the day of  his notification of the suspension fails to lodge an application with SofiaIP/Q4/BGR/1
Page 26
City Court to enact suspension of goods as a guaran tee to his lawsuit for violated rights filed before
the court.
6. Please explain whether a right holder is obliged to pay any fees to lodge the Application.
Article 74 of the draft Law on Marks and Geographical Indications stipulates that customs
authorities shall determine the fee for keeping the suspended goods and cash guarantee for ensuring
the injuries, which the importer would have undergone by the groundless suspension of his imported
goods.  The cash guarantee shall be deposited at disposal of the Customs Authorities.
7. Please indicate provisions of laws and ordinances which prescribe the "proceedings
leading to a decision on the merits of the case " stipulated in Article 55 of the TRIPS Agreement.
And please summarize their contents.
The proceedings leading to a decision on the merits of a case stipulated in Article 55 of the
TRIPS Agreement shall be initiated by the right holder through filing a claim for establishment of
infringement of his intellectual property rights before the Sofia City Court (Article 64 of the PatentLaw, Article 51 of the Law on Trademarks and Industrial Designs, and Article 51, paragraph 1,
subparagraph 3 of the Law on Protection of New Plant Varieties and Animal Breeds).
There is also a possibility that an administrative authority may issue a decision on
infringement of intellectual property rights.  Article 52 of the Law on Trademarks and Industrial
Designs and Article 52 of the Law on Protection of New Plant Varieties and Animal Breeds stipulate
that the right holder of the registered object may lodge an application for infringement of his exclusive
intellectual property rights.  The administrative penal body (Patent Office or Ministry of Agriculture)
shall consider the application and may initiate an  inspection.  In case when the inspection concludes
that the claims in the application are well-grounded, an act shall be drawn up and delivered to theinfringer, by which the goods shall be distraint and left for responsible keeping.  On the basis of that
act a penal ordinance for confiscation on behalf of the state of the goods which involve infringements
of intellectual property rights shall be enacted.  The penal ordinance may be appealed against before
the Regional Court in the place of violation.
8. Please explain the specific procedure, if any, to be applied to the goods which are not
evident whether or not they infr inge intellectual property rights, in Article 55 of the TRIPS
Agreement.
See the reply to question 5.
9. Please explain the responsibility that th e competent authorities and other related
authorities take to the right holders when they fail to suspend the release into free circulation of
goods which infringe intellectual property rights  with regard to the suspension based on the
Application or the Ex Officio Action stipul ated in Article 58 of the TRIPS Agreement.
See the reply to question 11.
10. Please explain the responsibility that th e competent authorities and other related
authorities take to the right holders when they examine goods which infringe intellectual
property rights and nevertheless release them in to free circulation with regard to the suspension
based on the Application or the Ex Officio Ac tion stipulated in Article 58 of the TRIPS
Agreement.
See the reply to question 11 .  IP/Q4/BGR/1
Page 27
11. Please explain the responsibility that th e competent authorities and other related
authorities take to the importer s when they suspend the release into free circulation of goods
which do not infringe intellectual property rights with regard to the suspension based on the
Application or the Ex Officio Action stipul ated in Article 58 of the TRIPS Agreement.
The provisions of the Law on State Responsibility for Injuries Caused to Citizens shall be
applied in the cases specified in question 9.  State owes to citizens compensation for injuries, caused
to them, as a result of illegal acts, actions or non-actions of State agencies or officials in fulfilment of
their administrative obligations.  The injured person ma y file a law suit for injuries before the court in
the place of violation or in his domicile.  Article 5 of the above-stated law provides that the State
authorities and officials shall be relieved from responsibility only in case when the injury is caused
because of the explicit guilt of the injured person.
12. Is the right holder informed of identities  of the importers and consignors when the
competent authorities "suspend" the goods which infringe on intellectual property rights or
which are suspected to infringe intellectual proper ty rights, as well as the case where the right
holder is informed of identities of the importer s and consignors stipulated in Article 57 of the
TRIPS Agreement?
Article 75, paragraph 1 of the draft Law on Marks and Geographical Indications provides that
customs authorities shall notify the importer for the suspension of his import, allowing him a 7 days
term for objection.  If there is an objection within that term the right holder shall be duly informedunder the provisions of Article 76 of the above-stated draft law about the name and address of the
importer, the place of origin and quality of the goods as well as the place of their storage.
13. Please explain the measures to protect conf idential information in the course of the
inspection stipulated in Article 57 of the TRIPS Agreement.  And please indicate provisions of
laws and ordinances which prescribe such measures.
The provisions of Article 14, paragraph 4 of the Law on Protection of Competition which
explicitly prohibit the use and dissemination of commercial secrets apply to the inspection stipulated
in Article 57 of the TRIPS Agreement.
14. Please explain the procedures of detentions and seizures to be ordered by the competent
authorities based on Articles 51 and 55 of the TRIPS Agreement.
Article 52 of the Law on Trademarks and Industr ial Designs stipulates that imported goods,
unlawfully bearing a trademark of a third party as well as goods manufactured according to an
industrial design of a third country, registered in Bulgaria, or products bearing false appellations oforigin shall be subject to seizure on behalf of the State.
The procedures of detentions and seizures to be ordered by the competent authorities are
stated in the reply to question 7.
15. Please explain the procedures to appeal aga inst any decisions ordered by the competent
authorities based on Articles 51 and 55 of the TRIPS Agreement.
The customs authority’s decision on seizure of goods from import is an administrative act and
shall be appealed before the Regional court in the place of seizure.
The Sofia City Court’s decision shall be appealed before the Supreme Court of the Republic
of Bulgaria.  The Constitution of the Republic of Bulgaria stipulates that the procedure shall be
three-staged.IP/Q4/BGR/1
Page 28
16. Please explain the basis for calculating the s ecurity or equivalent assurance stipulated in
Article 53 of the TRIPS Agreement that the competent authorities may require an applicant
when they suspend the relea se into free circulation.
Article 74 of the draft Law on Marks and Geographical Indications provides that  customs
authorities shall determine the fee on the term for keeping goods and cash guarantee for ensuring the
injuries, which the importer would has undergone by the groundless suspension of import.  The cash
guarantee shall be deposited at the disposal of  customs authorities.  The compensation shall be
determined on the basis of the type, quality, quantity of the imported goods, durability and the
possible profit, which the importer might have realized if the goods had not been suspended at the
customs.
When the court is requested to suspend the goods, which are considered to violate intellectual
property rights of a third person, the opportunities of guarantee procedure shall be used.  In such case
the claimant shall deposit a cash guarantee serving as a compensation for possible injuries, caused to
the defendant by the actions undertaken against him.
17. Please explain who shall pay the cost of detentions based on Article 51 of the TRIPS
Agreement or destruction stipulated in Article 59 of the TRIPS Agreement.
The claimant shall pay an initial fee for keeping the suspended goods.  In case when the court
establishes that the suspended goods infringe claimant’s intellectual property rights, the court shalldetermine who shall pay the cost of detention.
18. Please explain what kind of cases are regar ded as "the exceptional circumstances" in
which the competent authorities may allow re-exportation of counterfeit trademark goods
stipulated in Article 59 of the TRIPS Agreement.
There is no practice related to analogous cases.
19. Please indicate names of laws and ordinances and their provisions in which the
suspension of the release of goods which infrin ge intellectual property rights or which are
suspected to infringe intellectual property rights is prescribed, as stipulated in Article 51 of the
TRIPS Agreement.
The laws which provide for the suspension of the release of goods which infringe intellectual
property rights or which are suspected to infringe intellectual property rights are: the Law on
Trademarks and Industrial Designs and the Code of Civil Procedure.  Their respective provisions are
stated above in the replies to questions 14, 15 and 16.
20. Please indicate which intellectual property rights are protected based on the Application
by a right holder.
Article 52 of the Law on Trademarks and Industrial Designs provides that intellectual
property rights on trademarks, industrial designs and appellations of origin are protected based on the
Application by a right holder.
21. Please explain kinds and contents of documents which shall be provided by the applicant
to lodge the Application.
Article 73, paragraphs 1 and 2 of the draft Law on Marks and Geographical Indications
requires that the application for the suspension of import of goods shall be in written form and shall
comprise of detailed description of the goods which are requested to be suspended.  Enclosed with the  IP/Q4/BGR/1
Page 29
application shall be a copy of the certificate for trademark registration and a document acknowledging
the validity of registration.
22. Please explain the remedies which the judicial authorities order regarding a copyright
and other related rights, patents, industrial designs, trademarks and layout-designs(topographies) of integrated circuits, including injunctions, damages, expenses, destruction or
other disposal of infringing goods and ma terials/implements for their production.
The Penal Code provides for criminal penalties in cases of copyright piracy on a commercial
scale and illegal use of a trademark, service mark, appellation of origin or industrial design.
Article 172(a), paragraphs 1 and 2 of the Penal Code stipulate that the court may enact
decision on imprisonment of not more than 3 years and fines from leva 1 000 000 to 3 000 000 for
infringement of copyright and neighbouring rights.  Article 172(a), paragraph 3 provides
imprisonment from one to five years and fines from leva 3 000 000 to 5 000 000 for repeated
infringement of copyright and neighbouring rights.  When the object of violation belongs to the guilty
person its deprivation on behalf of the State is obligatory.
In cases of infringements of copyright and neighbouring rights Articles 94 and 95 of the Law
on Copyright and Neighbouring Rights stipulate that  the court may enact the following decisions:
- on compensation for endured injuries;
- on termination of the illegal use of the rights;
- on seizing and destroying illegitimately produced copies of the work, including
negatives, master copies, printing forms and others used for the purposes of copying;
- on seizing and putting out of operation the copying and reproducing equipment used
exclusively for committing violations;
- on receiving the objects under above mentioned item at cost price with this amount
being deducted from the compensation due.
Article 28 of the Patent Law provides that when a claim for violation of rights on registered
invention or utility model is brought before the court, and the fact of violation is established, the court
may enact the following decisions:
- on compensation for endured injuries and missed benefits;
- on termination of violator’s actions, infringing patent rights;
- on publication of the decision in two dailies on behalf of the violator;
- on processing or destruction of the subject of the violation, and in case of intention;
- as well as of the measures used for its commitment.
Under the Penal Code charges may be pressed against infringers of intellectual property rights
in case they use illegally a trademark, service mark, appellation of origin or industrial design.
Articles 227 and 227a of the Penal Code provides that in such cases the court may enact a decision on
imprisonment from three months to not more than one year and a fine of up to leva 1 000 000.  When
the object of violation belongs to the guilty person its deprivation on behalf of the State is obligatory.IP/Q4/BGR/1
Page 30
Article 52 of the Law on Trademarks and Industrial Designs stipulates that the municipality in
the place of violation shall seize the goods infringing trademarks and industrial designs in case of
penal order.
The Law on Protection of New Plant Varieties an d Animal Breeds provides that in case of
law suits for infringed rights filed before the cour t under Article 29, the court may enact the following
decisions:
- on compensation for endured injuries and missed benefits;
- on termination of violator’s actions, infringing patent rights;
- in case of enforced penal regulation under Article 52 the municipality in the place of
violation confiscates the violation goods and collects the fine imposed.
23. Please explain whether the amount of da mages which judicial authorities order the
person who infringes intellectual property rights to pay the right holder is adequate
compensation for the inju ry the right holder has suffered, and what criteria and the way for
calculation to decide the amount for compensation.
The compensation for the injuries caused to the right holder determined by the court is
adequate to the endured injuries and missed benefits.  The possible profit, which the right holder
would have realized if there had been no violation or realized by the violator profit, is also taken into
consideration by the judicial authorities.
24. Please explain whether the amount of da mages which judicial authorities order the
person who infringes intellectual  property rights to pay the right holder includes investigations
expense and appropriate attorney's fees.
The amount of the damages which judicial authorities order the person who infringes
intellectual property rights to pay the right holder may  include the court expenses as well as the
appropriate lawyer’s fees in cases when the right holder requests that amount of damages.
25. Please describe to what extent the amount of damages have been estimated by courts
since 1 January 1996.  Please explain whether th e amount of damages is adequate compensation
for the injury the right holder has suffered, and how such civil procedures are consistent with
Article 45 of the TRIPS Agreement.
See reply to question 23.
26. Please explain the kinds and amounts of penalties (imprisonment or fines) in criminal
cases.  Please also explain whether these penalties are consistent with Article 61 of the TRIPSAgreement which requires provisions for a sufficient deterrent, consistently with the level of
penalties applied for crimes of a corresponding gravity.
The Penal Code provides for criminal penalties in cases of copyright piracy on a commercial
scale and illegal use of a trademark, service mark, appellation of origin or industrial design.
Article 172(a), paragraphs 1 and 2 of the Penal Code provide imprisonment of not more than
three years and fines from leva 1 000 000 to 3 000 000 for infringement of copyright and
neighbouring rights.  Article 172(a), paragraph 3 provides imprisonment from one to five years and
fines from leva 3 000 000 to 5 000 000 for repeated infringement of copyright and neighbouringrights.  When the object of violation belongs to the guilty person its deprivation on behalf of the State
is obligatory.  IP/Q4/BGR/1
Page 31
Chapter III, Part 4, Articles 227 and 227(a) of the Penal Code provide for the use of
counterfeited trademarks imposition of imprisonment from three months to not more than five years,
and a fine of up to leva 1 000 000.  When the subject of violation belongs to the guilty person its
deprivation on  behalf of the State is obligatory.
The above stated penalties in the Penal Code comply with the requirements of Article 61 of
the TRIPS Agreement and provide sufficient deterrent,  consistent with the level of penalties applied
for crimes of a corresponding gravity.
IV. REPLIES TO QUESTIONS POSED BY SWITZERLAND
1. Please explain whether international treaties which contain detailed provisions
addressed to the (judicial) authorities and not to the State itself are considered as self-executing
in your system?  If not, when there is a divergence between the intellectual property
legislation/practices and the international agreement in your country, does the latter
automatically prevail?  If not, please explai n the means allowing your country to fulfil the
international obligations?  Please ci te the relevant texts or jurisprudence.
Article 5, paragraph 4 of the Constitution of the Republic of Bulgaria provides that
international treaties, which have been ratified by the constitutionally established procedure,
promulgated and come into force with respect to the Republic of Bulgaria, shall be considered part of
the domestic legislation of the country.  They shall supersede any provision of the domestic legislationstipulating otherwise.
2. Article 55 of the TRIPS Agreement provides that  "...in appropriate cases, this time limit
[of ten days] may be extended by another ten days".  Is such time extension foreseen in your
laws?  If yes, please cite the relevant provisions.  If not, please explain how an applicant canavail himself of this possibility as provided by the TRIPS Agreement.
There is no such provision in Bulgarian law.  Right holders may use only the possibilities
provided by the securing proceedings stipulated in Articles 308-322 of the Code of Civil Procedure.
V. REPLIES TO QUESTIONS POSED BY THE UNITED STATES
General obligations
1. Articles 41.1 and 42 of the TRIPS Agreement require that procedures be available for
the effective enforcement of the intellectual prop erty rights covered by the Agreement.  Please
describe the structure of the judicial and administrative3  procedures in Bulgaria in which
parties can enforce their intellectual property ri ghts, at local, provincial and national levels,
indicating the jurisdiction of each type of court or administrative body and explaining the
interrelationships, if any, of the various types of courts and administrative bodies.  Cite the laws
or other authorities establishing the structure, including each type of court and administrative
body.
Bulgarian law provides for civil legal procedures and administrative penal procedures, which
are available for the effective enforcement of the intellectual property rights covered by the TRIPS
Agreement.
                                                     
3 These questions apply to both judicial and administrative enforcement of intellectual property rights
because of Article 49 of the TRIPS Agreement.IP/Q4/BGR/1
Page 32
(a) Civil legal procedures
Article 96 of the Law on Copyright and Neighbouring Rights provides that  law suits
for infringements of intellectual property rights are filed before the Regional Courts
(in Sofia - the City Court of Sofia).
(b) Administrative penal procedures
In general the administrative penal procedure, including its implementation for
enforcement of intellectual property rights, consists of two phases - before the
administrative penal body and before the court.
(i) Before the administrative penal body
With regard to infringements of copyright and neighbouring rights, the
administrative penalties are imposed by the Minister of Culture or his duly
authorised deputy (Article 98, paragraph 2 of the Law on Copyright and
Neighbouring Rights in connection with Article 47, paragraph 1,
subparagraph (a) in connection with Article 47, paragraph 2 of the Law on
Administrative Violations and Penalties).
(ii) Before the court
Article 47, paragraph 2 of the Law on Administrative Violations and Penalties
stipulates that an administrative penalty decision may be appealed before the
competent District Court on the territory of which the offence has beencommissioned.  Article 65 and the following Articles of the Law on
Administrative Violations and Penalt ies provide that the decision of the
District Court may be challenged within one year after its entry into force by
the Regional Court through the review within the supervision competence
procedure.
With regard to enforcement of patent rights, Article 28, paragraph 1 of the Patent Law
provides for a possibility for the patentee to initiate an action for establishing the act of infringement,
to claim damages, as well as to request that the infringer be ordered to desist from performing further
actions infringing his intellectual property rights.
The Sofia City Court is the competent authority in the consideration of such claims
(Article 64, paragraph 1 of the Patent Law).  The applicant for a patent may file a claim against
infringement of his exclusive right before the grant of the patent too, such claim being subject to
consideration after the Bulgarian Patent Office has adopted a decision to grant a patent.
There is an administrative procedure, which provides for consideration of requests from a
third party for invalidation of granted patents (Article 55, paragraph 2 of the Patent Law).  The above
stated procedure is carried out by the Patent Office.
All final decisions of the Patent Office are subject to judicial control (Article 59 of the Patent
Law) and the competent authority is the Sofia City Court.  The decisions of the Sofia City Court maybe appealed before the Supreme Court of Appeal or the Supreme Administrative Court.
As regards trademarks, industrial designs or appellations of origin, the right holder may
initiate administrative or judicial proceedings against the infringer.  Administrative proceedings are
within the competence of the Patent Office (Article 52 of the Law on Trademarks and IndustrialDesigns).  Where there is an infringement established, the Patent Office shall draw up, at the request  IP/Q4/BGR/1
Page 33
of the right holder, a statement, followed by the issuance of a penal injunction for the seizure of the
infringing goods.  Under the Law on Administrative Violations and Penalties the statements of the
Patent Office may be appealed before the District Court where the infringement was committed.
Article 51 of the Law on Trademarks and Industrial Designs provides that in cases of protection of
infringed rights through court proceedings the competent authority to consider the litigation is therespective Regional Court.  Such litigation may be considered also through arbitration procedure.
Under Article 23 of the Law on Trademarks and Industrial Designs, any interested person
may file a request for invalidation of the registration of trademarks or industrial designs with the
Patent Office.  The decisions of the Patent Office with regard to such requests, as well as all decisions
on the registration procedure, may be appealed before the Sofia City Court (Article 50 of the Law on
Trademarks and Industrial Designs).  Courts of the second instance in this case are the Supreme Courtof Appeal and the Supreme Administrative Court.
Where registered plant varieties are concerned, infringements may be considered through
administrative procedures or through the court.  The Ministry of Agriculture is the competent
authority in the case of administrative procedures (Article 52 of the Law on the Protection of NewPlant Varieties and Animal Breeds).  The procedure is the same as that in cases of infringement of
trademarks and industrial designs.  The legal control is exercised by the Sofia City Court (Article 51,
paragraph 1 of the Law on the Protection of New Plant Varieties and Animal Breeds), which is the
competent authority to consider claims analogous to those in cases of infringement of patent rights
(Article 29, paragraph 1 of the Law on the Protection of New Plant Varieties and Animal Breeds).The administrative procedure of considering claims for the invalidation of issued certificates is
analogous and the Patent Office is the competent authority in such cases.  Article 50 of the Law on the
Protection of New Plant Varieties and Animal Breeds stipulates that the Sofia City Court is the
authority that exercises legal control on all decision s of the Patent Office with respect to new plant
varieties.
2. Please describe briefly the procedure that mu st be followed by a foreign party to initiate
an enforcement procedure in each of the courts and administrative bodies identified in response
to question 1 and cite the legal authorities establishing those procedures.
Bulgarian law provides for the procedure that must be followed by a foreign party to initiate
an enforcement procedure in the above stated courts and administrative bodies:
(a) Civil legal procedure
Under Article 97 and the following Articles of the Code of Civil Procedure the
requirements for a foreign party for claiming violated intellectual property rights do
not differ from those applied for nationals.  The Bulgarian legislation provides that inlegal cases, where a foreign person who does not speak Bulgarian participates, the
court charges an interpreter to help the trials and explain to the foreign person the
actions of the court (Article 5 of the Code of Civil Procedure).
Article 97 of the Code of Civil Procedure stipulates that any person may file a claim
for protection of the rights, whose holder he is, provided that he has a legal interest in
that action.  The above mentioned provisions include filing a claim for protection of
intellectual property rights.
In the claims for protection of intellectual property rights parties can be:
(i) the authors - physical persons, whose creative endeavours have resulted in the
creation of a literary, artistic or scientific work (Article 94 in connection with
Article 5 of the Law on Copyright and Neighbouring Rights).  Until provedIP/Q4/BGR/1
Page 34
otherwise, the person whose name or other identifying mark is inscribed in
the customary manner on the literary, artistic or scientific work, is considered
as an author (Article 6 of the Law on Copyright and Neighbouring Rights ).
(ii) the holders of neighbouring rights - the actors, performers and producers of
sound recording and TV organizations on their performances, respectively-on their sound recording and programs (Article 94 in connection with
Article 72 of the Law on Copyright and Neighbouring Rights).  Until proved
otherwise, the person whose name, title or other identifying mark is inscribed
on the phonogram in the customary manner, is considered as a producer of
the sound recording (Article 87, paragraph 2 of the Law on Copyright and
Neighbouring Rights).
(iii) persons, whom the authors or the holders of neighbouring rights have yielded
the exclusive rights to use a work (Article 94 in connection with Article 36,
paragraph 2 of the Law on Copyright and Neighbouring Rights ).
(iv) the heirs of the authors or holders of neighbouring rights (Article 32 of the
Law on Copyright and Neighbouring Rights).
(v) the organizations for the collective management of rights within the frames of
the representative competence, granted by their members (Article 40,
paragraph 7 of the Law on Copyright and Neighbouring Rights).
In a case where a foreign person holder of intellectual property rights wishes to file a claim
for protection of his intellectual property rights, his procedural legitimacy and his right to file a claim
are considered according to the international private law regulations applicable in similarcircumstances (Article 99 and the following of  the Law on Copyright and Neighbouring Rights).
The application of the Bulgarian legislation with respect to works, performances, phonograms
and programs is as follows:
- with respect to works
Article 99 paragraph 1 of the Law on C opyright and Neighbouring Rights lists
restrictively the cases when Bulgarian legislation is applied, namely with regard to:
- works whose authors are citizens of the Republic of Bulgaria or permanent
residents thereof, regardless of where the said works have been published for
the first time;
- works whose authors are nationals of a state with which Bulgaria is bound by
a copyright treaty, or persons residing permanently in such a country
regardless of where the said works have been published for the first time;
- works, published for the first time or implemented as architectural designs on
the territory of the Republic of Bulgaria or on the territory of a state which hasa copyright treaty with Bulgaria, irrespective of the nationality of the authors;
- works which have been published for the first time on the territory of a state
with which the Republic of Bulgaria is not bound by a copyright treaty, when
such works have been published simultaneously or within thirty days on the
territory of Bulgaria, or in the territory of a state with which Bulgaria has suchan agreement.  IP/Q4/BGR/1
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- with respect to performances
Foreign performing artists (their authorized representatives) may file a claim for
protection of intellectual property rights on their performances on the territory of
Bulgaria.  Performing artists who are permanent residents in Bulgaria may file a claimfor protection of intellectual property rights on their performances irrespective of
where such performances have been made (Article 100 of the Law on Copyright and
Neighbouring Rights).
- with respect to phonograms and programs
Foreign natural and legal persons who are permanent residents in Bulgaria may file a
claim for protection of intellectual property rights on their phonograms and programs
irrespective of where such recordings have been made.  Foreign natural and legal
persons may file a claim for protection of intellectual property rights on their
recordings when said recordings have been  made or simultaneously published for the
first time on the territory of Bulgaria (Article 101 of the Law on Copyright andNeighbouring Rights).
In those of the above mentioned cases where Bulgarian legislation is applicable with respect
to works of foreign nationals or published for the first time abroad, the holder of the copyrights is
established in accordance with the relevant foreign law (Article 99, paragraph 2 of the Law onCopyright and Neighbouring Rights).
In all other cases the foreign persons have the procedural rights to file a claim for protection of
intellectual property rights in accordance with the in ternational treaties in the field of copyright and
neighbouring rights to which Bulgaria is party (Article 102 of the Law on Copyright andNeighbouring Rights).
(b) Administrative penal measures
The participation of foreign natural and legal persons - holders of intellectual property
rights in both phases of the administrative proceedings does not differ from the
participation of natural persons.
(i) Proceedings before the administrative penal body
In this phase of the administrative procedure the participation of right holder
is possible provided that the right holder claims compensation for the injuries
he has suffered before the penalty act has been issued (Article 45 of the Law
on Copyright and Neighbouring Rights).
(ii) Proceedings before the Regional Court
With respect to this phase of the administrative proceedings, the provisions of
the Law on Administrative Violations and Penalties and the provisions of the
Code of Penal Procedure as a subsidiary legal authority are applied (Article 84of the Law on Copyright and Neighbouring Rights).
Parties to the case are the infringer and the claimant-holder of the intellectual
property rights, who may appeal against the penal act, and the issuing
organization (in this case - the Ministry of Culture) before the Regional Court.In other words the holder of intellectual property rights may participate in the
judicial proceedings on appealing the penal enactment, in case he has claimedIP/Q4/BGR/1
Page 36
injuries.  This way he becomes a recipient of the penal enactment and it is his
interest to appeal against it, if he is not satisfied with the amount of
compensation for the injuries suffered, respectively in case of refusal to
compensate his injuries.  There is another possibility that the holder of
intellectual property rights may be present at the moment when the violationwas established and then the holder of intellectual property rights may be
enlisted as a witness in the findings act.  In this case he is summoned as a
witness.
The administrative penal procedure stated in reply to question 1 must be followed by a foreign
party for the enforcement of industrial property rights.
3. Please identify any requirement that a foreign party must meet to initiate a proceeding
in the courts and administrative bodies identified in answer to question 1 that is not required ofa national or resident of Bulgaria and cite the legal authorities providing for those differences.
There are no specific requirements for a foreign party to initiate a proceeding for enforcement
of intellectual property rights in courts and administrative bodies in Bulgaria.  The requirements for
nationals for residents are applied also to foreign parties.
In order to initiate an administrative procedure on the enforcement of rights conferred by
patents or plant variety certificates, the foreign parties shall be from countries parties to international
or bilateral treaties the Republic of Bulgaria is a party to, or from countries applying the principle of
reciprocity (Article 1, paragraph 2 of the Patent Law and Article 3 of the Law on the Protection ofNew Plant Varieties and Animal Breeds).
Foreign parties may participate in administrative procedures in patents, trademarks, industrial
designs, appellations of origin, plant varieties and animal breeds, through a local industrial,
intellectual property representative (Article 3, paragraph 2 of the Patent Law; Article 5, paragraph 2 ofthe Law on the Protection of New Plant Varieties and Animal Breeds; Article 48 of the Law on
Trademarks and Industrial Designs).  Foreign parties shall be represented in court by a local
attorney-at-law.
4. Articles 41.1 and 48 of the TRIPS Agreement require establishment of safeguards
against abuse of judicial and administrative en forcement procedures, including provision for
adequate compensation for injury  suffered because of such abuse.  Please describe the means
available under the law of Bulgaria to prevent abuse of judicial and administrative procedures
or to remedy damages suffered as a result of such abuse and cite the legal authorities for those
means.
(a) Civil legal measures
In a case where a civil claim for intellectual property right protection has been decided
incorrectly and as a result the defendant has been ordered to pay injuries or to cancel
definite activities, he has available means for defence specified in the Code of Civil
Procedure.
(i) Articles 196 and 197 of the Code of Civil Procedure set forth that the
defendant may appeal against the decision of the court prior to its entry into
force before the Supreme Court (or the relevant Court of Appeal, which are
intended to be constituted soon in compliance with Article 72 in connection
with Article 39 of the Law on Legal Authority).  The second instance court
may:  IP/Q4/BGR/1
Page 37
- repeal the decision and consider the claim on its merits (Article 208,
paragraph 1 and Article 22 of the Code of Civil Procedure) in cases
when the decision has contradicted the law, it has been enacted with
substantial violations of the requirements of the judicial procedure, it
has not been well grounded or the acquired evidence is not sufficientArticle 207 of the Code of Civil Procedure).The second instance court
has the above stated legal competence also in the cases when it
repeals a decision of the first instance court for the second time
(Article 210 of the Code of Civil Procedure).
- repeal the decision and send the case back to the Regional (City) court
for a reconsideration (Article 208, paragraph 3 of the Code of CivilProcedure).  That is possible  when the decision has been taken by a
judge or by a jury member, who has not participated in the judicial
proceedings, no minutes for the judicial proceedings have been
prepared, the decision fails to stipulate the legal grounds for its
adoption and the right of a party to participate in the judicialproceedings has been violated.  In those cases the second instance
court may give instructions on the interpretation and application of the
law, which are obligatory for the first instance court.
- dismiss the case if there are sufficient grounds for such a decision
(Article 209, paragraph 1 of the Code of Civil Procedure).
- invalidate a decision if there are sufficient grounds (Article 209,
paragraph 2 of the Code of Civil Procedure).  If the case is not
dismissed it is sent back to the first instance court for reconsideration.
(ii) The defendant may request that the supervision review procedures be applied
(Articles 225-230 of the Code of Civil Procedure).  Compared with the appeal
the supervision review procedure is an extraordinary means of defence against
judicial decision, which has entered into force.
- The supervision review procedure may be initiated by a written
application of the party concerned.  The application is submitted tothe first instance court, which has enacted the decision.  The
supervision review procedure may also be initiated by the General
prosecutor.  Article 80 and Article 81, paragraph 1 in connection with
Article 39, paragraph 4 of the Law on Legal Authority provide that
the applications is considered by the Supreme Court (respectively bythe Supreme Court of Appeal).
- Article 207 of the Code of Civil Procedure stipulates the grounds for
admittance of the supervision review procedure: contradiction to the
law, substantial violations of the rules of the judicial proceedings andinsufficiently grounded decision of the court.  The judicial
competence of the Supreme Court (respectively by the Supreme Court
of Appeal) is similar to the competence of the first instance court
(Article 229, paragraph 1 of the Code of Civil Procedure).
(iii) Articles 231-236 of the Code of Civil Procedure provide that the defendant
may request a repeal of a decision which has entered into force.IP/Q4/BGR/1
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- The grounds for a repeal are duly listed in Article 231 of the Code of
Civil Procedure: new circumstances have been found, written
evidence of significant importance with respect to the case has been
produced, etc.
- The proceedings may be initiated by the interested party - the wrongly
sentenced defendant who may submit an application to the first
instance court.  The proceedings may also be initiated by the
Prosecutor General and by the President of the Supreme Court.
- The second instance court may decide to repeal the previous decision
and to return the case to the first instance court for a newconsideration (Article 234, paragraph 2 of the Code of Civil
Procedure).
(b) Administrative penal procedures
(i) Article 59 and the following Articles of the Law on Copyright and
Neighbouring Rights set forth that the infringer may appeal against the penal
order of the Minister of Culture before the Regional Court according to the
place where the infringement of copyright and neighbouring rights has been
committed.
(ii) In a case where the Regional Court has confirmed the penal order, the
infringer may submit a request to the District Court to repeal the penal order
through the means of the supervision review procedure.  The District
Prosecutor may also initiate a supervision review procedure.  The District
Court considers the case in a closed door session.  If the court decides to
repeal the penal order, it enacts a decision on the merit of the case.  Thatdecision is not subject to a further review.
(iii) Article 70 and following Articles of the Law of Administrative Violations and
Penalties provides for the resumption-of the administrative penal proceedings.
That is an extraordinary means for a repeal of administrative penal order,
which has entered into force as well as for a repeal of the decision of a the
court, which has confirmed the administrative penal order.  The resumption of
the administrative penal proceedings may be applied in the following cases:
- when after the entry into force of the decision of the court it is found,
that some of the evidence, on which the penal administrative order or
the decision of the court has been based, are not true;
- when, after the entry into force of the decision of the court, it is found
that administrative penalty body or the judge has committed a crime
with respect to the issue of the penal administrative order or the
decision;
- significant circumstances for revealing of the truth have been found,
which were not known when the administrative penalty order or the
decision has been issued;
- when, after the entry into force of the decision of the court it is found
that the offence, punished by an administrative penal orderconstitutes a crime.  IP/Q4/BGR/1
Page 39
The resumption of the administrative penalty proceedings may be initiated by the
District Prosecutor or by the party concerned (the applicant) and the case is
considered by the District Court at an open session.
5. Article 41.2 addresses, among other things, the cost of judicial and administrative
enforcement proceedings.  Please describe any fees charged by judicial or administrative
officials for filing legal actions involving intell ectual property or for pursuing such actions once
initiated, cite the legal authorities for such f ees, and provide copies of the documents used to
inform the public of such fees.
(a) Civil legal procedures and measures
Article 53 of the Code of Civil Procedure sets forth that state monetary fees and costs
are charged for filing legal actions.  State fees are evaluated according the amount of
the claim (Article 55 of the Code of Civil Procedure).  Tariff No. 1 annexed to the
Law on the State Taxes specifies the fees, imposed by the courts, prosecutor’s office,
investigation and the Ministry of Justice.  The amount may be fixed as an absolutevalue (simple fee) or as a percentage of the value of the claim (proportional fee).  The
claim’s value in general and in particular the value of the intellectual property right
claim is evaluated by the claimant (Article 56 of the Code of Civil Procedure).
Article 57 of the Code of Civil Procedure stipulates that in cases when the claim’s
evaluation is difficult at the moment of filing the lawsuit, the court estimates itapproximately and afterwards certain amount is paid in addition or is refunded,
depending on the price of the claim, determined by the court.  At present Tariff No. 1
sets forth a proportional fee of 4% of the claim’s value, but not less than leva 3 000.
In cases when the claim’s value cannot be evaluated a fee of leva 200 is charged for
filing a lawsuit.
(b) Administrative penal procedures and measures
No State fees are charged for the initiation or pursuing administrative enforcement
procedures in cases of infringement of copyright and neighbouring rights.
The following fees are paid in order the administrative enforcement procedures be
initiated or pursued with respect to trademarks, industrial designs or appellations oforigin: a fee for considering the request for establishing the act of infringement of a
registered trademark, industrial design or appellation of origin; a fee for considering a
request for the invalidation of a title of protection (Article 56, paragraph 1 of the
Patent Law, Article 47 of the Law on Trademarks and Industrial Designs, Article 42,
paragraph 1 of the Law on the Protection of New Plant Varieties and Animal Breeds);a fee for the extension of procedural time-limits (Article 48 of the Patent Law, and
Article 39 of the Law on the Protection of New Plant Varieties and Animal Breeds).
The rate of the fees is fixed in the Tariff of Fees Collected by the Patent Office as
approved by the Council of Ministers, published in State Gazette No. 53/1997 (a copy
enclosed).
6. Article 41.2 also addresses the timeliness of judicial and administrative enforcement
proceedings.  Please cite to the legal authoritie s establishing any time limits for judicial and
administrative proceedings and, if it has not al ready been done, provide copies of the laws or
regulations in question.IP/Q4/BGR/1
Page 40
(a) Civil legal measures
The provisions of  Article 110 and the following Articles of the Law on Obligations
and Contracts on the limitation period applicable to claims for infringed intellectual
property rights.  The right to file such a claim extinguishes within the general five
years time-limit (Article 110 of the Law on Obligations and Contracts).  As far as theclaim under Article 94 (Action for Compensation for Damages) of the Law on
Copyright and Neighbouring Rights requires the availability of a delict, the limitation
period commences from the moment of finding out the infringer of intellectual
property rights (Article 114 of the Law on Obligations and Contracts).
(b) Administrative penal measures
In order to provide expedience in dealing with administrative documents concerning
infringements of intellectual property rights Article 34 of the Law on Copyright and
Neighbouring Rights stipulates short limitation periods , namely:
(i) For the initiation of the administrative penal proceedings:
- within three months from the moment of the finding out the infringer,
and
- within one year from the moment when the infringement was
committed
(ii) For the issue of the penal administrative order:
- within six months from the moment the administrative statement was
drawn up.
The legislation in the field of patents, trademarks, industrial designs, appellations of
origin and plant varieties contains no provisions on the time-limits of administrative
procedures.
7. Please explain any provisions in the en forcement system in Bulgaria that ensure
expeditious remedies.  In addition, please explain what provisions are available to prevent
deliberate delays by the parties to a proceeding and indicate the circumstances in which such
provisions will be applied.
(a) Civil legal measures
The Code of Civil Procedure provides civil legal sanctions as a prevention against
deliberately caused delays in the judicial procedures:
(i) Costs
A party to a civil case on infringements of intellectual property rights, who
causes a postponement of the case or a repeal of its decision by means of
submitting additional claims, providing facts and evidence, which it has been
able to produce in due time, is charged, regardless of the result of the case, the
costs for the new sitting, respectively for the appeal of the decision and for
collecting of the new evidence, the costs of the other party and itsrepresentative to appear before the court, and is charged an extra State fee of  IP/Q4/BGR/1
Page 41
one third of the amount of the State fee that has been initially charged (Article
65, paragraph 2 of the Code of Civil Procedure).
When the defendant has not given with his behaviour grounds for filing a
legal action, and he acknowledges the claim, the claimant is charged for thecosts(Article 65, paragraph 2 of the Code of Civil Procedure).
(ii) Monetary fines
A witness or an expert who fails appear before the court in an intellectual
property right case without well-grounded reasons may be charged a monetary
fine and a decision on his compulsory  bringing to the next sitting may be
enacted (Article 71 of the Code of Civil Procedure).  The same applies to awitness or an expert who refuses without well-grounded reasons to give
evidence (Article 72 of the Code of Civil Procedure).
(b) Administrative penal measures
Monetary fines are imposed on witnesses (Article 95, paragraph 3 of the Penal Code)
and experts (Article 122, paragraph 3 of the Penal Code), who without well-grounded
reasons fail to give evidence, or expertise, respectively.
The industrial property legislation does not provide for any expeditious remedies for
enforcement of rights and for prevention of deliberate delays of the procedure.Procedures within three to six months are dealt with by the Patent Office in
connection with requests for ascertaining the act of infringement of registered
trademarks, industrial designs, appellations of origin (Article 52 of the Law on
Trademarks and Industrial Designs) and certificates for plant varieties or animal
breeds (Article 52 of the Law on the Protection of New Plant Varieties and AnimalBreeds).
8. Article 41.3 of the TRIPS Agreement requires that decisions on the merits of a case
preferably be in writing, the better to determin e the reasoning on which the decision is based.
Please state, with regard to each type of court and administrative body identified in question 1,
whether judges or administrative officials must  render their decisions in writing and cite the
legal authorities requiring such written opinions.
(a) Civil legal measures
All judicial decisions in the Republic of Bulgaria are issued in a written form and are
signed by the court, which has enacted them.  With regard to the decisions in cases of
infringements of intellectual property rights, the main rules of the Bulgarian civilproceedings legislation are applied as stated below.
When the court decides that the case has been thoroughly considered, it may enact the
decision (Article 186 of the Code of Civil Procedure).  Article 189, paragraph 1 of the
Code of Civil Procedure provides, that the decision is in writing and states the dataand place of its issue, the name of the court, the names of the judges, the secretary, the
prosecutor (if any), parties, the case, the decision, who is charged with the costs, is the
decision a subject to an appeal, the name of the court where the decision may be
appealed before, the time-limit for an appeal, the place of living, the address, the work
place and unique civil number of the party against which the claim is issued.  Thecourt also states the grounds for the enactment of the decision (Article 189,
paragraph 2 of the Code of Civil Procedure) .  The decision is signed by all judges.IP/Q4/BGR/1
Page 42
(b) Administrative penal measures
(i) Proceedings before the administrative body
This phase of the administrative process, including the one initiated in cases
of infringements of intellectual property rights, is usually completed with theissue of a penal administrative order in  writing.  Article 57 of the Law on
Copyright and Neighbouring Rights provides that the penal administrative
order shall contain: the names and the official position of the person, who has
enacted it, the date of issue and the number of the enactment, the date of the
administrative statement on which it is based, the name and the official
position of the person who issued the administrative statement, the names, the
address and the uniform civil number of the infringer, the description of theinfringement - date and place, the circumstances, as well as evidence
confirming it, the legal provisions, which has been guiltily violated, the type
and the size of the sanction, the property, which was seized on behalf of the
state (if any), the size of the damage claimed and the person it is paid, is the
administrative order subject to an appeal, the name of the court where theadministrative decision will be appealed before and the time limit.  The penal
enactment is signed by the person in charge of its issue.
(ii) Proceedings before the Regional Court
This phase of administrative penal proceedings is completed with a decision
of the court in writing.  Regardless of the fact whether the decision confirms
or repeals the administrative penal order, it is enacted in writing and states the
grounds for its adoption.
The decisions of the Patent Office are in writing, and they contain all reasons
and legal grounds they are based on (Article 15 of the Law on Administrative
Proceedings).  The same applies to court decisions under the Code of Civil
Procedure and the Law on the Administrative Violations and Penalties.
9. Article 41.3 also requires that decisions on the merits of a case be based only on evidence
in respect of which parties had an opportunity to be heard.  Please state, with regard to each
type of court and administrative body identifi ed in question 1, what factors may be considered
by a judge or administrative official in rende ring a decision and cite the legal authorities
establishing the basis on which judges and administrative officials may reach decisions.
(a) Civil legal measures
One of the main principles of the civil proceedings in the Republic of Bulgaria is the
principle of participation of the parties in the case - the parties are heard before the
decision has been enacted.  Article 105 and the following Articles of the Code of
Civil Procedure stipulate that the claimant and the defendant have wide range of
rights at their disposal, providing them w ith the opportunity to influence the course of
the proceedings: the right of each party to be informed about the claims and theobjections of the opposite party, the right of each party to produce facts, grounds and
to present evidence, which the court is obliged  to consider, to be called to the sittings
of the court and to be informed about the orders of the court, issued outside the sitting
of the court, to take part in the acquisition of evidence and in the discussion of the
factual and judicial side of the case (so called “oral competitions”) etc.  IP/Q4/BGR/1
Page 43
The decision which brings the trial on infringements of intellectual property rights to
an end is grounded only on those evidence and factual and judicial grounds, acquired
directly by the court, which the parties have had the opportunity to address during the
trial.  It is not so important upon whose initiative (of a party or of the court) they have
been included in the case.  The decision is not be based on evidence and grounds,produced after the conclusion of the oral competitions.
The court enacts a decision when it considers that the case has been fully clarified
from factual and judicial side (Article 186 of the Code of Civil Procedure) after it has
considered all the evidence concerning the case and according to its internal
conviction (Article 188, paragraph 1 of the Code of Civil Procedure).  The law
doesn’t specify the obligatory rules for reaching the conclusions, which shall be madefrom the acquired evidence concerning the case.  The genuineness and the proving
force of the particular evidence are considered bearing in mind all data concerning the
case.  (In definite occasions the free choice of consideration of the court is restricted
by the law - materials proving force of the official documents as stipulated in
Article 143 of the Code of Civil Procedure, of the notarial deed on property as setforth in Article 483 of the Code of Civil Procedure).  The conviction of the court,
expressed in the decision, however, can not be arbitrary - it is well-grounded - a result
of a sequence of logically grounded considerations, expressing the objective trends of
developments and the typical relationships among the events.
(b) Administrative penal action
(i) The phase before the administrative penal body
Article 52, paragraph 4 of the Law on Administrative Violations and Penalties
provides that before rendering a decision on the administrative statements and
the other relevant documents the administrative penal body carefully studiesthe administrative statement, in particular its conformity to the law and
validity and also considers the objections and the acquired evidence.  When it
is necessity, the administrative penal body investigates the disputed
circumstances.
When it is found that the offence has been committed guiltily and if it doesn’t
constitute an insignificant case the administrative penal body proceeds withrendering of the penal order.
(ii) The phase before the Regional Court
In the case when the penal order has been appealed, the court considers it
upon its merits, acquiring all permissible and relevant to the case evidence.With its decision, issued only on the basis of their consideration, the court can
confirm, alter or repeal the penal order (Article 63 of the Law on
Administrative Violations and Penalties).
The decisions of the Patent Office are be based on arguments in respect to
which the parties were duly informed and had the opportunity to be heard.
No other circumstances may be considered in rendering the decision.
10. Article 41.4 obligates WTO Members to provid e for judicial review of certain judicial
and administrative decisions in intellectual property enforcement proceedings.  Please describewhat legal limitations, if any, are placed upon the ability of a party to an intellectual propertyIP/Q4/BGR/1
Page 44
enforcement proceeding to have both procedural rulings and final decisions reviewed by a
separate judicial authority, and cite the le gal authorities providing for such reviews.
(a) Civil legal measures
Articles 225 - 230 of the Code of Civil Procedure stipulate the supervision review
procedure inspection.  The procedure is an extraordinary means of a review of judicial
decisions, including decisions on cases of infringements of intellectual property
rights, which have entered into force.
(i) Articles 80 and 81, paragraph 1 in connection with Article 39, paragraph 4 of
the Law on the Court Authority) stipulate that the proceedings begin with a
written application by one of the parties submitted to the first instance court,which has enacted the decision being attacked.  The proceedings may also be
initiated by the General Prosecutor.  The applications and the suggestions are
considered by the Supreme Court (respectively by the Supreme Court of
Appeal).
(ii) The grounds for admission of the supervision review procedure is the
availability of the violations under Article 207, items (a), (b) and (d) of the
Code of Civil Procedure, namely: contradiction to the law, significant
violations of the procedural requirements or insufficiently grounded decision
of the court.  The legal competence of the supervision review instance are
similar to those of the first instance (Article 229, paragraph 1 of the Code ofCivil Procedure).  When the decision has been repealed due to significant
violations of the procedural requirements (Article 207, item (b) of the Code of
Civil Procedure), the supervision review instance shall enact a decision on the
merit of the case.  The supervision review instance may sent the case back to
the first instance court for a new trial only if the acquisition of additionalevidence is rather difficult.
(b) Administrative legal measures
In a case where the Regional Court has confirmed the penal order of the
administrative body, the infringer may submit an application to the District Court to
repeal the penal order through the means of the supervision review procedure.  The
District Prosecutor may also initiate a supervision review procedure.  The District
Court shall consider the case in a closed door session.  If the court decides to repealthe penal order, it shall enact a decision on the merit of the case.  That decision is not
subject to a further review.
Civil and administrative procedures and remedies
11. Article 42 requires that defendants be notified of judicial and administrative intellectual
property enforcement proceedings brought against them.  Please describe the procedures
followed by each type of court and administrative body identified in question 1 for notifying
defending parties regarding proceedings that have been initiated against them, indicate the
information provided regarding the proceeding and cite the legal authorities establishing theseprocedures.
(a) Civil legal measures
Article 98, paragraphs 1 and 2 of the Code of Civil Procedure stipulates that the claim
application including the claim application for infringements of intellectual property  IP/Q4/BGR/1
Page 45
rights, with a view that it will be considered by the court, specifies: court, the names
and the addresses of the claimant and the defendant and their representatives under
the law, if any, the price of the claim (where it is supposed to have a price),
description of the circumstances, it is based on and the contents of the claim.  It is
signed by the applicant.  He states all his evidence and  encloses the written evidence.Article 99, item (b) of the Code of Civil Procedure provides that the claimant encloses
as many copies of the application as the number of the defendants.  By that means the
defendant, upon receiving a copy of the claim application is informed about the
evidence, produced by the claimant.
(b) Administrative legal measures
The administrative statements on ascertaining of infringement of intellectual property
rights, as well as all other administrative statements and orders are prepared in
compliance with the requirements of the Law on Administrative Violations and
Penalties.  The violator’s right of defence is on of the main principles of the
administrative proceedings, set forth in the above mentioned law.
(i) Administrative statements, issued in the presence of the violator
The statement on ascertainment of a violation is drawn up in the presence of
the violator and the witnesses, present at the moment of ascertaining of the
violation (Article 40, paragraph 1 of the Law on Administrative Violations
and Penalties).  After the official, who has drawn up the document, and thewitnesses, sign the statement, it is delivered to the violator with a view that he
will become familiar with its contents and will sign it (Article 43, paragraph 1
of the Law on Administrative Violations and Penalties).  The violator may
declare written objections against the statement either immediately after the
statement has been drawn, or within three days.  In case he points written ormaterial evidence, it is acquired ex officio to the extent it is feasible
(Article 44, paragraphs 1 and 2 of the Law on Administrative Violations and
Penalties).
(ii) Administrative statements, drawn up in the absence of the violator
When the violator is known, but it is not possible to be found or he fails to
come for drawing up the statement in his presence despite having been
requested, the statement is drawn up in his absence with the participation oftwo witnesses (Article 40, paragraph 2 of the Law on Administrative
Violations and Penalties).  Subsequently the administrative statement is sent
to the relevant municipality administration.  When the administrative
statement is drawn in the presence of the violator and he signs it, the violator
receives a copy of against a receipt, where the date of the signing is explicitlynoted (Article 43, paragraphs 4 and 5 of the Law on Administrative
Violations and Penalties).  Written objections against the statement may be
submitted within three days after the signing (Article 44 of the Law on
Administrative Violations and Penalties).
Article 52, paragraph 2 of the Law on Administrative Violations and Penalties
provides guarantees for the implementation of the above mentioned requirements.  In
case the administrative penalty body finds out the administrative statement has not
been delivered to the violator, he immediately sends back the act to the administrative
authority, which has drawn up the statement.  In case where a penal order has been
enacted despite the fact that the administrative statement has not been delivered to theIP/Q4/BGR/1
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violator, that constitutes a sufficient ground for the Regional Court to repeal the
administrative order as not obedient to the law.
12. Article 42 also requires that parties to in tellectual property enforcement proceedings
must be able to be represented by counsel and must not be subject to overly burdensomerequirements to appear personally.  Please describe any limitations under Bulgaria’s laws on the
ability of a party in such a proceeding to be represented by independent legal counsel and any
requirements imposed on the party to appear personally in a proceeding.  Please cite the legal
authorities providing such limitati ons and imposing such requirements.
(a) Civil legal measures
(i) Representation
The principles of representation in civil litigation (Article 20 of the Code of
Civil Procedure), applicable also to cases of infringements of intellectual
property rights, provide that the parties to the case are represented by:
- attorney;
- parents, children, spouse;
- jurisconsults or other employees with legal background at offices,
enterprises and corporations;
- other persons, stipulated in the laws.
Article 40 of the Law on Copyright and Neighbouring Rights sets forth that
the organizations for the collective management of copyright may represent
their members in court.  Article 73 in relation to Article 40 of the Law on
Copyright and Neighbouring Rights prov ides that the organization for the
collective management of neighbouring rights may represent their membersin court.
(ii) Requirements for personal presence
With respect to the requirements for the personal presence of a party in the
case the general principles of the civil litigation are applied as well.
If a party duly called is not present, that is not an obstacle for the case to be
tried.  The court postpones the case if a party or its representative is not
present because of illness or other valid reason (Article 107 of the Code of
Civil Procedure).  However, the court may order the personal presence of a
party with a view of an interrogation about particular circumstances of the
case.  The court may order the personal presence of a party  upon theinitiative of the opposite party, or upon its own initiative (Article 114 of the
Code of Civil Procedure).
The violation of the provisions stated above concerning the participation of a
party or its representative at the judicial litigation is a ground for anappellation against the decision of the court and if the latter has entered in
force - for an application for a retrial and repeal of the decision (Article 231
and the following Articles of the Code of Civil Procedure).  IP/Q4/BGR/1
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(b) Administrative penal measures
(i) Representation
The general principles of the Code of Penal Procedure concerning the
participation of a illegal counsel (of the violator) and authorized person (of
the holder of intellectual property rights who has submitted a lawsuit fordamages) are applicable (Article 67 and following Articles of the Code of
Penal Procedure in relation to Article 84 of the Law on Administrative
Violations and Penalties).
(ii) The requirement for personal presence
The absence of the holder of intellectual property rights who has submitted a
lawsuit for damages is not an obstacle for the case to be tried.  The courtcommences the trial when the holder of intellectual property rights has not
been found at the address he had stated (Article 61, paragraph 2 of the Law
on Administrative Violations and Penalties).
The industrial property legislation does not require personal participation of
the parties in the administrative industrial property enforcement proceedings.
Each party may be represented by a licensed industrial property
representative (Article 3 of the Patent Law and Article 48 of the Law on
Trademarks and Industrial Designs), respectively by an intellectual property
representative (Article 5 of the Law on the Protection of New Plant Varietiesand Animal Breeds).
13. Under Article 42, parties are to be entitled to substantiate claims and present relevant
evidence.  Please describe any limitations under the law of Bulgaria on a party’s ability to
substantiate a claim or to present relevant evid ence and cite the legal authority providing such
limitations.
See the replies to questions 9 and 11.  Bulgarian law provides no limitation on a party’s
ability to substantiate a claim or to present relevant evidence.
14. Article 42 requires, with one narrow exception , that there be a means to identify and
protect confidential information during judicial and administrative intellectual propertyenforcement proceedings.  Please describe the means provided under the law of Bulgaria for
parties to identify and have protected confidential information required to be presented in order
to prove their claims and cite the legal auth orities providing for such identification and
protection.
(a) Civil legal measures
Bulgarian legislation provides judicial procedures, including procedures concerning
the enforcement of intellectual property rights, which stipulate means to identify and
protect confidential information in compliance with Article 42 of the TRIPS
Agreement.  The cases are usually tried at an open meetings.  If there are concernsthat the public trial could be harmful to the public interest or to the private life of the
parties, the court may ex officio or upon request of any party order that the case shall
be tried at a closed session.  That may be related only to some of the legal
proceedings - e.g.  the phase of the trial when evidence is produced.  At that stage
only the parties, their counsels, experts and witnesses, as well as other persons, whoIP/Q4/BGR/1
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are allowed by the judge to participate, are present at the trial (Article 105,
paragraph 2 of the Code of Civil Procedure).
(b) Administrative penal measures
As a general rule, trials are public.  Article 262 of the Code of Penal Procedure
stipulates that only particular judicial actions may be done in closed door sessions.
15. Article 43.1 of the TRIPS Agreement requires that judicial and administrative officials
be able to order a party to an intellectual prop erty enforcement proceeding to produce relevant
evidence in that party’s contro l identified by the opposing party when the latter party has
presented reasonably available evidence in support of its claims.  Please describe how and in
what circumstances judges and administrative officials may order production of relevantevidence in intellectual property enforcement proceedings and cite the legal authorities
providing for such orders.
(a) Civil legal measures
The general principles of the civil proceedings of Bulgaria are applicable with respect
to the evidence in cases of infringement of intellectual property rights.
The parties establish the circumstances, on which they base their claims and
objections (Article 127 of the Code of Civil Procedure).
A party (in particular a party to a case on infringements of intellectual property rights)
may request the other party to produce a document in his possession.  Article 152 of
the Code of Civil Procedure provides that evidence is admitted if a party presents
explanations on its significance with respect to the settlement of the dispute.
A party in the case may request a third party, not involved in the proceedings, to
produce a document in his possession.  The court enacts a statement on the admission
of the document, based on a written application by the party concerned.  A copy of
the statement is sent to the third person and a time limit is given to him to produce the
document (Article 153 of the Code of Civil Procedure).
(b) Administrative legal measures
It is the responsibility of the administrative penalty body to acquire evidence and
prove the guilt of the offender, as well as the commitment of an administrative
offence (Article 84 of the Law on Administrative Violations and Penalties in relation
to Article 14, paragraph 1 of the Code of Penal Procedure).
Evidence is acquired ex officio or upon request of the parties concerned (Article 114
of the Code of Civil Procedure).  In this meaning, the party representing the Ministry
of Culture or the holder of infringed intellectual property rights who claims damages
may request the court to admit the acquisition of evidence.
The judicial authorities may order that official institutions, officials and citizens will
produce objects and books, related to the subject of the case (Article 133 of the Code
of Penal Procedure).
16. Information ordered to be produced, referred to in question 15, must be protected if it is
confidential.  Please describe the means provide d under the law of Bulgaria for protecting such  IP/Q4/BGR/1
Page 49
information and cite the legal authority providing for such protection, if those means differ
from those described in answer to question 14.
See the reply to question 14.
17. Article 43.2 provides that, in the event a party refuses to provide information ordered
by the judicial or administrative officials, thos e officials may be authorized to make preliminary
and final determinations adverse to that party.  Please describe what sanctions may be imposed
on a party that refused to provide ordered information and under what circumstances those
sanctions are imposed, citing the legal authority for those sanctions.
(a) Civil legal measures
Article 127, paragraph 1 of the Code of Civil Procedure provides that a party to a case
is obliged to establish the circumstances upon which it bases its claims and objection.
Relevant to the question are the following provisions of the Code of Civil Procedure:
(i) A party may request that the other party shall produce a document in its
possession.  Requirement for the admittance of the evidence is the party
explains its significance for the settlement of the dispute (Article 152 of the
Code of Civil Procedure);
(ii) The facts, with respect to which a party to the case has caused obstacles to be
acquired or has refused to reply, or has given vague and unclear answers, maybe regarded by the court as proved facts considering the circumstances of the
case (Article 128, paragraph 2 of the Code of Civil Procedure).
A party in the case may request a third party, not involved in the proceedings, to
produce a document in his possession.  The court enacts a statement on the admission
of the document, based on a written application by the party concerned.  A copy of thestatement is sent to the third person and a time limit is given to him to produce the
document.  (Article 153 of the Code of Civil Procedure).  If the third party fails to
produce the document it was requested by the court to present, the court charges it a
monetary fine (Article 73 of the Code of Civil Procedure).
The Code of Civil Procedure sets forth provisions concerning the evidence of
witnesses:
(iii) Article 135 of the Code of Civil Procedure provides that nobody has the right
to refuse giving evidences as a witness, except in several explicitly stipulated
in the law cases.  (It concerns direct relatives of the parties and relatives as a
consequence of a marriage, etc.  as well as the cases when the person maycause his evidences damages or penalty proceedings to himself or to his
relatives, etc.).
(iv) Article 138 of the Code of Civil Procedure stipulates that the witnesses swear
to say the truth and bear penal responsibility for false evidences under
Article 290 of the Penal Code.
(v) Articles 71 and 72 of the Code of Civil Procedure provide responsibility
(fines and compulsory appearance before the court) for persons requested to
appear as witnesses, in case they fail to appear or refuse to produce evidences
with no well-grounded reasons.IP/Q4/BGR/1
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(vi) Article 136 of the Code of Civil Procedure stipulates that the evidences of
relatives and anybody else who has interest in favour or disadvantage of any
of the parties is considered by the court  with regard to all data concerning the
case and taking into account their possible interest.
(b) Administrative penal measures
Article 84 of the Law on Administrative Violations and Penalties stipulates that in the
judicial phase of the administrative-penal proceedings the provisions of the Code of
Penal Procedure are subsidiary applicable.  In this respect the following provisions of
the Code of Penal Procedure concerning the evidence, in particular the explanations
of the defendant (in the administrative penal proceedings concerning intellectual
property rights that is the infringer) and the evidence of the witnesses are of
importance:
(i) The explanations of the violator are important for revealing the objective truth
concerning the violation.  They are considered by the court having in mind
the interest of the person.  The violator can refuse to make explanations
(Article 87 and the following Articles of the Code of Penal Procedure in
relation to Article 84 of the Law on Admi nistrative Violations and Penalties.
(ii) Article 94 of the Code of Penal Procedure stipulates that only the spouse, the
ancestors, the descendants, the brothers, the sisters of the accused may refuse
giving evidence.
(iii) Anyone who is summoned by the court as a witness is obliged to appear,
produce all that he knows concerning the case and answer to the posed
questions (Article 95 Code of Penal Procedure).  The court warns the witness
about his responsibility for giving false evidence under Article 290 of the
Penal Code.  The witness promises that he will produce accurately all he
knows concerning the case (Article 98 of the Code of Penal Procedure).
18. Article 44.1 requires that judicial and admini strative officials be able to enjoin or
otherwise prevent infringing activity by a party, including by preventing the entry of infringing
goods into the channels of commerce in their juri sdiction.  Please describe authority of the
judges and administrative officials identified in question 1 to order parties to stop infringements
and to prevent infringing goods from entering the channels of commerce in their jurisdiction
immediately after clearance of such goods throug h customs.  In addition, please cite the legal
authorities authoriz ing such actions.
(a) Administrative legal measures
The measures that may be ordered by the judicial authorities differ depending on the
nature of the claim.  Bulgarian legislation provides for the following civil claims on
the protection of intellectual property rights:
(i) The claim under Article 94 (indemnification for committed injuries) of the
Law on Copyright and Neighbouring Rights in relation to Article 45 of the
Law on Obligations and Contracts is based on the fundamental principle in
civil legislation that anyone is obliged to remove the injuries caused guiltilyto somebody.  When the court acknowledges such a claim, its decision
provides for redress.  The criteria for determination of its amount is the
payment which the claiming party could have got if a contract for the use of
the work had been signed.  IP/Q4/BGR/1
Page 51
The requirements for acceptance of the claim are:
- infringement of copyright or neighbouring right;
- the infringement shall be caused guiltily;
- damages have been caused, which are:
- direct consequences of the infringement.
The existence of guilt is supposed until the contrary has been proved
(Article 45, paragraph 2 of the Law on Obligations and Contracts).  The
amount of the sustained damages has to be proved by the claimant.  The
redress is due either for property damages or for non-property damages (if
there is direct correlation with the infringement), as well as the direct losses
and the missed benefits.
(ii) The claim under Article 95, paragraph 1, of the law on Copyright and
Neighbouring Rights (restraining the illegitimate use).  The only prerequisite
for claiming illegitimate use is the existence of not permitted by the right
holder or by an exclusive legal provision usage of the work - object ofcopyright.  It is the obligation of the claimant to prove that he is the holder of
the infringed right (copyright or neighbouring right), as well as the fact of the
infringement itself (which must exist at the moment of infringement).  The
decision of the court on that claim (in case of its acceptance) may restrain or
prohibit the impermissible use of work.
(iii) The claim under Article 95, paragraph 2, of the Law on Copyright and
Neighbouring Rights.  The court has the authority to order seizing and
destroying of the illegitimately produced copies of the work, including
negatives, master copies, printing forms and others used for the purposes of
copying.
The prerequisites for filing a law suit before the court and acceptance of that claim
are, as follows:
- the work is used in violation of the provisions of the Law on Copyright and
Neighbouring Rights, and
- the claimant justifies his rights in respect of the work - originally acquired or
exclusively granted by the author, and
- the defendant is the owner of illegitimately produced copies of the work,
respectively the facilities used for the purposes of copying.  It is not required
that the infringement be guiltily enacted, nor that injury thus be caused.
(iv) The claim under Article 95, paragraph 3, of the Law on Copyright and
Neighbouring Rights.  In case of acceptance of the claim, the court has theauthority to order seizing or putting out of  operation the copying and
reproducing equipment used exclusively for committing infringements.  The
above mentioned comments under the provision of Article 95, paragraph 2
are applied to this case.  The difference consists in the object whose seizing
may be required, as well as in the contents of the claim - the properties mayonly be seized but not destroyed.IP/Q4/BGR/1
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(v) The claim under Article 95, paragraph 4, of the Law on Copyright and
Neighbouring Rights.  This is a claim for obtaining illegitimately produced
copies of the work, including negatives, master copies, printing forms and
others at a price, equal to their real cost price.  These measures are enacted by
a court decision on the claim.
The above stated claims are settled by the District Courts.  Besides these claims the holder of
copyright or the neighbouring rights has at his disposal two more claims of a more general
nature.
(vi) Establishment claim under Article 97, paragraph 1 of the Code of Civil
Procedure.  The claim establishes who is the author, respectively the
performer, producer etc. of the work concerned.  The prerequisite is thecontest of the authorship or other circumstances from which the claimant
draws on his rights.  The court declares with its decision that:
- the claimant is the author (in case of acceptance of positive 
establishment claim), or
- the claimant is not be the author (in case of acceptance of 
negative establishment claim).
(vii) Claim for groundless profiteering under Article 59 of the Law on Obligations
and Contracts.  A requirement for its submission before the court is the
profiteering of the defendant at the expense of the author.  The existence of
guilt is not necessary.  This claim is used only when the claimant has not at
his disposal other claims.
(b) Administrative penal measures
The Decision No. 87/1997 (State Gazette No. 35/1996) as amended in Decision
No. 164/1997 (State Gazette No. 34/97) of the Bulgarian government introduced a
regime on registration and certifying of rights of using objects, enjoying the copyright
protection, including their import and export.  In implementing the provisions of the
above stated Decision, the customs authorities in case of establishing infringements of
intellectual property rights, communicate the authorities of the Ministry of Culture or
the Prosecutor’s office for the initiation of the relevant administrative penal measures,respectively for preliminary judicial  proceedings.
In the cases when an administrative penalty order has been enacted under the Law on
Administrative Violations and Penalties and it has been appealed before the relevant
Regional Court,  the court may confirm, alter or repeal the administrative penaltyorder (Article 63 of the Law on Administrative Violations and Penalties).  The court
may enact decision only within the frames of the administrative penalty order - no
new or different penalty may be imposed.  At present the Law on Copyright and
Neighbouring Rights stipulates monetary fines - from leva 20 000 to 200 000.  In case
of a second and a subsequent infringement the fines are from leva 100 000 to 500 000.In case of systematic violations the facility where the infringements of copyright or
neighbouring rights have been committed will be closed for a three to six months
period (Article 97 of the Law on Copyright and Neighbouring Rights).  IP/Q4/BGR/1
Page 53
19. Article 44.2 provides an exception to the requirement in paragraph 1 for government
use or use by third parties authorized by the government, limiting the remedy for infringement
to payment of adequate remuneration as provided  in Article 31(h).  Please describe any such
limitations on remedies in the laws of Bulgaria and cite the legal authorities providing for those
limitations.
Article 26 of the Law on Copyright and Neighbour ing Rights stipulates that the authors of
works recorded on sound or video carriers, as well as the performers whose performances have been
recorded and the producers of such recordings have the right of compensation remuneration whenever
their recordings are recorded for personal use.  The compensation is due from the persons who
manufacture or import blank audio or video-carriers and it amounts 5% of the manufacturer’s price of
the carriers produced in the country or customs dutiable value of the imported carriers.
20. Article 45.1 requires that judicial and admi nistrative officials be able to order an
infringer to pay the right holder damages adequate  to compensate for the injury caused by the
infringement.  Please describe the authority of the judges and administrative officials identified
in question 1 to order a party found to be infringing to pay the right holder damages adequateto compensate for the injury ca used by the infringement.  Please explain the factors considered
in establishing the amount of the compensation and cite the legal authorities authorizing such
compensation orders.
(a) Civil legal measures
As regards the competence of judicial and administrative officials to order an
infringer to pay the right holder damages adequate to compensate for the injury
caused by the infringer, see the reply to question 18.
(b) Administrative penal measures
(i) Proceedings before the administrative penal authority
In this phase the holder of intellectual property rights may be compensated
for caused injuries in case the latter have been claimed before rendering the
penal administrative order (Article 45 of the Law on Administrative
Violations and Penalties).
(ii) Proceedings before the Regional Court
With respect to the proceedings before the Regional Court the provisions of
the Law on Administrative Violations and Penalties are applicable.  The
provisions of the Code of Penal Procedure have subsidiary application
(Article 84 of the Law on Administrative Violations and Penalties).
The holder of intellectual property rights may appeal the administrative penal
order if he is not satisfied by the amount of damages which the infringer is
ordered to pay or by the refusal to order the infringer to compensate for the
injuries caused.
The Sofia City Court is the authority competent to consider compensation
claims concerning patents and certificates for plant varieties (Articles 28 and
64 of the Patent Law, and Articles 29 and 51 of the Law on the Protection of
New Plant Varieties and Animal Breeds).  The District Courts are competent
to consider cases concerning registered trademarks, industrial designs andIP/Q4/BGR/1
Page 54
appellations of origin (Article 51 of the Law on Trademarks and Industrial
Designs).
21. Article 45.2 requires that judges and administ rative officials be authorized to order
payment of a right holder's expenses, including le gal fees.  Please describe the authority of the
judges and administrative officials identified in question 1 to order payment of right holders’
expenses, the circumstances under which such an order will be given, the factors considered in
establishing the expenses, and cite the le gal authorities authorizing such payments.
(a) Civil legal measures
In addition to the State charges (which are be paid by filing the lawsuit in compliance
with the provisions of Article 99, item(b) of the Code of Civil Procedure) in all civillegal claims and in particular in those concerning intellectual property rights, the
parties pay the costs for summoning witnesse s, experts and inspections (Article 59 of
the Code of Civil Procedure).  They are established by the court and are paid by the
party, who has requested them.  As regards to the amount of the fees for witnesses,
workers and employees, taken into account are the average day’s wage, the transportand other expenses (Article 61, paragraph 1 of the Code of Civil Procedure).  The fees
for the experts are established based on the work done and the expenses made
(Article 62 of the Code of Civil Procedure).
When enacting its decision that the claim is satisfied, the court orders the defendant to
pay the expenses made (Article 63, paragraph 3 of the Code of Civil Procedure).
Correspondingly to the satisfied part of the claim the defendant pays the claimant’s
expenses for State charges and fees for one attorney (Article 64 of the Code of Civil
Procedure).  The defendant may also demand refunding for his expenses,
correspondingly to the repealed part of the claim (Article 64, paragraph 2 of the Codeof Civil Procedure).
(b) Administrative penal measures
The amount of the expenses is established by the court (Article 168, paragraph 1 of
the Code of Civil Procedure in relation to Article 84 of the Law on Administrative
Violations and Penalties).
In case the administrative penal order has been confirmed, the court orders  the
intellectual property rights infringement to pay all expenses for the trial, including the
attorney’s fee (Article 169, paragraph 2 of the Code of Civil Procedure in relation to
Article 84 of the Law on Administrative Violations and Penalties).  Article 170 of the
Code of Penal Procedure in relation to Article 84 of the Law on AdministrativeViolations and Penalties provides that in case the enactment is repealed the costs shall
be covered by the State.
22. Article 46 requires that judges and administrative officials be authorized to order, in
certain circumstances, other remedies, including disposal of goods outside commercial channelsor destruction of goods and destruction of ma terials and implements the predominant use of
which is the creation of infringing goods.  Plea se describe the additional remedies available
under the laws of Bulgaria, the circumstances in  which such authority will be exercised, the
factors considered in determining the nature of  the remedies provided, and cite the legal
authorities providing for such remedies.  IP/Q4/BGR/1
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(a) Administrative legal measures
See reply to question 18, item (a).
(b) Administrative penal measures
See reply to question 18, item (b).
Bulgarian legislation provides for re-processing or destruction of infringing goods, as well as
destruction of the implements used in the creation of such goods where the infringement was
committed intentionally (Article 28, paragraph 2, item 2 of the Patent Law, and Article 29,
paragraph 2 of the Law on the Protection of New Plant Varieties and Animal Breeds).
Under Article 52 of the Law on Trademarks and Industrial Designs, goods imported or
produced in Bulgaria and bearing infringing trademarks, or created by using infringing industrial
designs or false appellations of origin are subject to seizure on behalf of the State.
23. Article 47 provides that WTO Members may authorize judges and administrative
officials to order infringers to identify for right holders third parties involved in the production
and distribution of infringing goods or services and their channels of distribution.  Please
describe any authority judges and administrative officials have under the laws of Bulgaria to
order infringers to identify for right holders third parties involved in the production and
distribution of infringing goods or services and their channels of distribution and describe thecircumstances in which this authority would be exercised.  Please cite the legal authorities
providing for such remedies.
(a) Civil legal measures
The legal protection of intellectual property rights does not provide for obligation of
the infringer to inform the right holder of th e identity of third persons, involved in the
production and distribution of infringing goods.  However, the legal provisions
relating to evidence produced by a witness include provisions in this respect:
(i) Article 135 of the Code of Civil Procedure stipulates that nobody has the right
to decline from testimony, except in cases, explicitly provided by the Law
(Relatives of the parties in a direct line or by marriage, as well as the cases inwhich the person will cause himself or to his related persons injury, penal
prosecution, etc.  through his evidence).
(ii) Article 138 of the Code of Civil Procedure stipulates that witnesses pledge to
tell the truth.  Article 290 of the Penal Code provides that witnesses bear
penal responsibility of false evidence.  Before the court they are obliged toproduce all data, known to them, on the identity of persons, participating in
the process of reproduction and distribution of illegally recorded copies of the
works, subject of violation.
(iii) Articles 71 and 72 of the Code of Civil Procedure provide responsibility
(fines or compulsory appearance) for witnesses brought before the court incase of non-appearance before the court or rejection of giving evidence
without significant reasons.
(iv) Article 136 of the Code of Civil Procedure stipulates that testimony of
relatives and any other persons interested in the benefit or prejudice of one ofIP/Q4/BGR/1
Page 56
the parties are considered in relation with all evidence on the case taking into
account their interest.
Measures in this respect are stipulated in other provisions, concerning evidence in the
civil procedure.  Bearing in mind the general principle that each party is obliged to
establish the circumstances on which it bases its claims and objections as stipulated inArticle 127, paragraph 1 of the Code of Civil Procedure, the following provisions are
considered:
(v) Article 128, paragraph 2 of the Code of Civil Procedure provides that the
facts for which the party in a intellectual property rights case has created
obstacles in their collecting, has refused to answer or has given evasive or
obscure answers, may be accepted by the court as proved facts, considering
the circumstances of the case.
(vi) Article 152 of the Code of Civil Procedure stipulates that a party may require
the other party to present a document which is at its disposal.  A condition for
evidence acceptance is that the party clarifies its significance for dispute
settlement.
(vii) Article 153 of the Code of Civil Procedure provides that each party may
require from a third party, not participating in the procedure, to submit a
document which is at its disposal.  The court drafts a determination on
acceptance of the document on the basis of written application, a copy of
which is send to the document-holder with a term within which the latter has
to be submitted.  In case when the third party fails to submit the requireddocument, the court imposes a fine (Article 73 of the Code of Civil
Procedure).
(b) Administrative penal measures
Article 84 of the Law on Administrative Violations and Penalties stipulates that in the
judicial phase of the administrative-penal proceedings the provisions of the Code ofPenal Procedure are subsidiarily applicable.  In this respect the following provisions
of the Code of Penal Procedure concerning the explanations of the defendant (in the
administrative penal proceedings concerning intellectual property rights that is the
infringer) and the evidence of the witnesses are of importance:
(i) The explanations of the violator are important for revealing the objective truth
concerning the violation.  They are considered by the court having in mindthe interest of the person.  The violator may refuse to make explanations
(Article 87 and following Articles of the Code of Penal Procedure in relation
to Article 84 of the Law on Admini strative Violations and Penalties).
(ii) Article 94 of the Code of Penal Procedure stipulates that only the spouse, the
ancestors, the descendants, the brothers and the sisters of the accused mayrefuse giving evidence.
(iii) Anyone who is summoned by the court as a witness appears, produces all that
he knows concerning the case and answ ers to posed questions (Article 95 of
the Code of Penal Procedure  The court warns the witness about his
responsibility for giving false evidence under Article 290 of the Penal Code.The witness promises that he will produce accurately all he knows concerning
the case (Article 98 of the Code of Penal Procedure).  IP/Q4/BGR/1
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24. Article 48.2 permits WTO Members to exempt public authorities and officials from
liability from remedies only where their actions were taken or intended in good faith in carrying
out their responsibilities under the law.  Please explain any exemption provided public
authorities and officials from liability for abuse of enforcement procedures, describe the
circumstances in which such limitations would not apply, and cite the legal authorities grantingsuch exemptions.
Article 1, paragraph 1 of the Law on State Responsibility for Injuries Caused to Citizens
provides that the State owes to citizens compensation for injuries, caused to them, as a result of illegal
acts, actions or non-actions of State agencies or officials in fulfilment of their administrative
obligations.  The injured person may file a lawsuit for injuries before the court in the place of violation
or in his domicile.  Article 1, paragraph 2 stipulates that the repeal of the relevant administrative order(general or individual) in the appropriate way is a prerequisite for the realization of the responsibility
of the State.
Article 5 of the Law on State Responsibility for Injuries Caused to Citizens provides that the
State authorities and officials are relieved from responsibility only in case when the injury is causedbecause of the explicit guilt of the injured person.
Provisional measures
25. Articles 50.1 and 50.8 require that judicial and administrative authorities have the
authority to order prompt and effective provisiona l remedies to prevent an infringement of any
intellectual property right.  With respect to each intellectual proper ty right identified in
Article 1.2 of the TRIPS Agreement, please identify the provisional measures available to
protect intellectual property rights.  Please ci te the relevant legal authority establishing those
provisional remedies.
Bulgarian judicial authorities have the authority to order prompt and effective provisional
measures to prevent an infringement of any inte llectual property right from occurring in accordance
with Articles 50.1 and 50.8 of the TRIPS Agreement.
The provisions of Article 308 and the followin g Articles of the Code of Civil Procedure
stipulate the claim security procedure which is applicable with respect to the prevention ofinfringement of intellectual property rights from occurring.
The aim of the claim security procedure is to provide protection of the infringed right when
the legal case in court is pending.  It is possible to demand a security procedure for a future claim.
The proceeding starts upon the request of the interested party (right holder of intellectual propertyrights).  The request in written form is submitted to the District Court, before which the case is
pending.  The request is submitted to the Regional Court in the claimant’s residence or in the location
of the real estate property, which represents the security in case that it is related to a lawsuit, which
will be filed subsequently (Article 309 of Code of Civil Procedure).  The court determines the term
when the lawsuit is filed.  In case the term is not observed the court abolishes the security.  Therequest specifies the security measure and the price of the claim.
Claim security is ordered when it will be impossible or difficult for the applicant (holder of
intellectual property rights) to fulfil his rights after the enactment of the decision by the court.
Article 310 of the Code of Civil Procedure provides sound guarantees against abuse.  The claim issubstantiated by written evidence.  The court may determine that a guarantee will be submitted.
With a view to order prompt and effective provisional measures, the court drafts a decision on
the above stated claim in closed doors session on the date of its submission.IP/Q4/BGR/1
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Article 316 of Code of Civil Procedure provides that the claim security is attained through the
imposition of relevant measures: restraint on real estate property, distress on movable property and
receipts of the defendant (the infringer), as well as through other relevant measures, determined by the
court.  Several measures on claim security may be allowed on the total amount stated in the claim.
Article 317 of the Code of Civil Procedure stipulates the possibility of replacement of a measure onclaim security with another measure.  Such replacement is undertaken upon the request of one of the
parties, after notification about the request of the other party and consideration by the court of
objections of the other party.
The distress on receipts is imposed by the bailiff on request of the claimant, on the basis of an
order of the court.  A letter on the imposition of the distress is sent to the defendant.  Article 319,
paragraph 2 of the Code of Civil Procedure stipulates the procedure of the restraint on real estateproperty and distress on movable property.   Article 345, paragraphs 1 and 2 provide the obligations
arising from the imposition of restraint on real estate property and distress on movable property.
26. Articles 50.1 and 50.8 require that judicial and administrative authorities have the
authority to order prompt and effective provis ional remedies to preserve relevant evidence in
regard to an alleged infringement.  Please identify the provisional measures available to
preserve relevant evidence in regard to an al leged infringement and cite the relevant legal
authority.
The interested party may request the court to order provisional measures to preserve relevant
evidence in case when there is a possibility that the evidence might be lost or its collection might be
difficult.
The provisions of Article 166 of the Code of Civil Procedure stipulate that the procedure on
evidence security is initiated on the request of the interested party (the holder of intellectual propertyrights).  The request is submitted to the court before which the case is pending and in case of future
court proceedings - before the court in the defendant’s residence or in the location of the real estate
property on which inspection will be held.  Copy of the request is transmitted to the other party.  In
case the request is rejected by a decision of the court the interested party may appeal against that
decision.  The court may initiate ex officio a procedure on evidence security when the case is pending.
Article 165 and following Articles of the Code of Civil Procedure provide that the evidence
security is attained through their preliminary acquisition.  These measures are used when there is a
risk  that some of the evidence might be lost or its acquisition may be difficult.
The general rules of civil procedure applies with respect to the methods of evidence
acquisition (Article 169 of the Code of Civil Procedure).
There is also a possibility for preliminary collection of evidence in case of pending court
proceedings or in case of future court proceedings.  The interested party submits the request for
evidence security to the regional court in the applic ant’s residence or in location of the real estate
property on which inspection will be held (Article 166 of the Code of Civil Procedure).
27. Articles 50.2 and 50.8 require Members to authorize judicial and administrative
authorities to adopt provisional measures inaudita altera parte .  With respect to each intellectual
property right identified in Article 1.2 of the TRIPS Agreement, please describe briefly the
circumstances in which the judicial and admini strative authorities are empowered to adopt
provisional measures inaudita altera parte  and cite the relevant legal authority.
Article 166, paragraph 1 of the Code of Civil Procedure provides that the procedure on the
evidence security is initiated by the interested pa rty (holder of intellectual property rights), who  IP/Q4/BGR/1
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submits an application to the court, where the case is pending or in case of future court proceedings -
before the court in the defendant’s residence or in the location of the real estate property on which
inspection will be held.  A copy of the application is transmitted to the other party.
In principle, the imposition of the preliminary measures for the claim security is done without
hearing of the other party.  The application for claim security is submitted to the District Court, where
the case is pending or in case of future court proceedings - before the court in the defendant’s
residence or in the location of the real estate property on which inspection will be held (Article 309 of
the Code of Civil Procedure).  The application is cons idered by the court in closed door sitting without
hearing the parties.  No copy is transmitted to the opposite party (Article 314 of the Code of Civil
Procedure).
28. Articles 50.2 and 50.8 require that judicial authorities and administrative bodies be
authorized to grant provisional remedies when a delay is likely to cause "irreparable harm" to
the right holder.  Please describe briefly what is  required by the authorities identified in answers
to questions 25, 26 and 27 to establish "irreparable harm" to the right holder.
Article 165 of the Code of Civil Procedure stipulates that the preliminary acquisition of
evidence(which represents evidence security) is permitted when there is a danger that some of the
evidence might be lost or its acquisition in the course of the proceeding might be hampered.
Article 310, paragraph 1 of the Code of Civil Procedure provides that the court may grant a
claim security in cases when without it the claimant will unable to exercise his rights or may have
difficulties in that respect after the court enacts its decision.  The claimant is obliged to produce
written evidence to the court.  The court may request the claimant to submit fiscal or real estate
security (Article 310, paragraph 2 of the Code of Civil Procedure).
The court may order security on the total amount of the claim or only on those of its parts it
considers are sufficiently supported by evidence (Article 314 of the Code of Civil Procedure).
With a view of expeditious imposition of the provisional measure, the court considers the
relevant application of the claimant in closed door sitting on the date of its submission.
29. Articles 50.2 and 50.8 also require that judicial authorities and administrative bodies be
authorized to grant provisional remedies when th ere is a "demonstrable risk of evidence being
destroyed".  Please describe briefly what factor s are considered by the competent authorities in
determining when there is a "demonstrabl e risk of evidence being destroyed".
See reply to question 28.
30. Articles 50.3 and 50.8 require that judicial a nd administrative authorities be authorized
to require an applicant to provid e evidence to establish with a sufficient degree of certainty that
the applicant is the right hold er and that infringement has occurred or is imminent.  With
respect to each intellectual property right defined in Article 1.2 of the TRIPS Agreement, pleasedescribe the evidence required by right holders to establish ownership.
Bulgarian legislation provides that in filing a lawsuit the applicant provides evidence that he
is the holder of intellectual property rights.
Article 6 of the Law on Copyright and Neighbouring Rights stipulates that until proved
otherwise, the person whose name or other identi fying mark is inscribed in the customary manner on
the literary, artistic or scientific work, is considered its author.IP/Q4/BGR/1
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Article 87, paragraph 2 of the Law on Copyright and Neighbouring Rights sets forth that until
proved otherwise, the person whose name, title or other identifying mark is inscribed on the
phonogram in the customary manner is considered the producer of that recording.
The registration of a trademark in the Register of Trademarks confers the right to its exclusive
use.  A certificate for the registration of a trademark is issued by the Patent Office (Articles 18 and 19
of the Law on Trademarks and Industrial Designs).
The registration of an industrial design in the Register of Industrial Designs confers the right
to its exclusive use.  A certificate, attesting to th e exclusive right to use the industrial design, in the
name of the enterprise, organization or person, and also including the name of the author is issued by
the Patent Office.
Article 12 of the Patent Law stipulates that the patent certifies the exclusive rights of the
patent owner on the invention.  The patent is granted by the Patent Office (Article 47, paragraph 7 of
the Patent Law).
31. Articles 50.3 and 50.8 require that judicial a nd administrative authorities be authorized
to provide a security or equivalent assurance to  protect the defendant.  With respect to each
intellectual property right identifi ed in Article 1.2 of the TRIPS Agreement, please cite the legal
authority establishing a security or equivalent assurance.
The Code of Civil Procedure  of the Republic of Bulgaria provides that the defendant has the
right of equal defence against the provisional measures undertaken against him.
(a) Evidence security
Article 167 of the Code of Civil Procedure stipulates that in the course of the judicial
proceedings the court may order the acquisition of evidence, requested by the
defendant.
(b) Claim security
The civil procedural legislation sets forth guarantees for the protection of defendant’s
interests with respect to the claim security.
Article 315 of the Code of Civil Procedure stipulates that the decision of the court for
imposing security may be challenged through an application by the defendant within
seven days period from receiving the communication of distraint (concerning the
distraint on movable property or distraint on receipts), communication of the
registering judge (in case of distraint on real estate property) or communication of thecourt (when other appropriate measures under Article 316 of the Code of Civil
Procedure are applied).
The defendant may demand that the claimant will pay him all injuries, caused by a
security in cases when the claim on infringements of intellectual property rights hasbeen repealed, it has not been initiated within the time limit defined by the court
under Article 309 of the Code of Civil Procedure or when the claim has been revoked
(Article 322, paragraph 1 of the Code of Civil Procedure).
In these cases the assurance submitted by the claimant under Article.310, item B may
be released only with the consent of the de fendant.  In view of that a copy of the
claimant’s application for release of the assurance is sent to the defendant, who may
object and within one month may file a claim for injuries.  IP/Q4/BGR/1
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The repeal of the security is executed upon the application of a party concerned, a
copy of which is sent to the person on whose claim security was imposed
(Article 321, paragraph 1 of the Code of Civil Procedure).
The court may enact a decision on repeal of the security measure after it has asserted
that the requirements for the imposition of the security are not available any more
(Article 310 of the Code of Civil Procedure) or the replacement of the security
measure with deposit of money or securities is feasible (Article 317, paragraph 2 of
the Code of Civil Procedure).
32. Article 50.4 requires that parties be notified when provisional measures have been
adopted inaudita altera parte  .  Please describe briefly the procedures followed by each authority
able to adopt such measures for notifying affect ed parties and state the time within which such
notice must take place.
The claim security is imposed upon the application of the party concerned (the holder of
infringed intellectual property rights), submitted to the court where the case is pending or in case of
future lawsuits - to the court of the domicile of the claimant or where the real estate property, subject
to an inspection is situated (Article 166, paragraph 1 of the Code of Civil Procedure).  A copy of the
application is delivered to the other party (Article 166, paragraph 1 of the Code of Civil Procedure).
In principle, the claim security and the evidence security measures are undertaken inaudita
altera parte .  After the imposing of the security, however, the court may, upon the application of one
of the parties (i.e.  and of the defendant) which is communicated to the other party and its objections
are taken into consideration, order the replacement of one type of security with another (Article 317,
paragraph 1 of the Code of Civil Procedure).
Meanwhile, in case of security of a claim, which is estimated in money, the defendant may
always replace without the consent of the other party the security by a deposit of money or security
(Articles 180 and 181 the Law on Obligations and Contracts in relation to Article 317, paragraph 2 of
the Code of Civil Procedure.  In these cases the di straint is repealed (Article 317, paragraph 3 of the
Code of Civil Procedure).
Practically, in cases of infringements of intellectual property rights the defendant is informed
about the imposed by the court against him security by receiving a communication for their imposition
from the bailiff or the registering judge.
33. Article 50.4 also requires that defendants be afforded a review process to determine
whether provisional measures should be modifi ed, confirmed, or revoked.  Please describe
briefly the procedures a defendant must follow to initiate review proceedings in each of the
authorities able to adopt such measures and id entify the period within  which such proceedings
must be initiated.
See the replies to questions 31 and 32.
34. Article 50.5 requires that competent authorit ies be authorized to require applicants to
supply other information necessary for the identi fication of goods concerned by the authority
that will execute the provisional measures.  Please describe briefly what other information maybe required by the authorities and cite the le gal authority establishing the basis for this
supplemental information.IP/Q4/BGR/1
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The court may request the applicant to supply additional information - contracts, authorization
letters, affidavits, etc., for the identification of goods which involve alleged infringement of
intellectual property rights.
35. Articles 50.6 and 50.8 provide that if proceedings leading to a decision on the merits are
not initiated within a reasonable time, provisional remedies granted by competent authorities
shall be revoked or otherwise cease to have effect, at the request of the defendant.  Please
identify the relevant provisions in the law of Bu lgaria authorizing the revocation or cessation of
provisional measures if review proceedings are not initiated within a reasonable time and
specify what constitutes a "reasonable time period" to initiate proceedings.
In the cases when the court decides on a security of a future claim it specifies the time limit
for filing the lawsuit.  The non-observance of the time limit invokes cancellation of the security
(Article 309 of the Code of Civil Procedure).  In the reply to question 31 we have already explained
that defendant may demand that the claimant will pay him all injuries, caused by a security in cases
when it has not been initiated within the time lim it defined by the court (Article 322, paragraph 1 of
the Code of Civil Procedure).
36. Articles 50.7 and 50.8 provide that judicial a nd administrative authorities shall have the
authority to order the applican t to provide the defendant appropriate compensation for any
injury caused by the adoption of provisional measures when said measures are revoked, have
lapsed, or when it has been determined that  there has been no infringement or threat of
infringement.  Please describe how the competent authorities determine "appropriate
compensation".
The Code of Civil Procedure provides that the court may order the applicant, upon request of
the defendant, to provide the defendant appropriate compensation for any injury caused by theprovisional measures, which have been revoked or have lapsed.
When the applicant’s claim on intellectual property rights infringements has been rejected, or
the applicant failed to observe the term for filing the suit before the court (under Article 309 of the
Code of Civil Procedure), or the suit has been terminated, the defendant may request the claimant to
provide compensation for the injuries caused by the s ecurity (Article 322, paragraph 1 of the Code of
Civil Procedure).  The responsibility of the applicant includes all direct and indirect injuries caused bythe security to the defendant.
In the above stated cases the assurance submitted by the applicant under Article 310,item (b)
of the Code of Civil Procedure  may be released only upon the defendant’s approval.  For that purpose
a copy of the applicant’s request for release of the assurance will be delivered to the defendant whomay object and within one month may file a lawsuit before the court for compensation for the injuries
caused.
The compensation covers all direct and indirect injuries caused by the guarantee to the
defendant (Article 51, paragraph 1 of the Law on Obligations and Contracts).
Special requirements related to border measures
37. Article 51 of the TRIPS Agreement requires th at countries adopt procedures that enable
right holders to request suspension of the importation of counterfeit trademarked goods andpirated copyrighted works.  Please identify th e competent authority in Bulgaria authorized to
accept applications for a request to suspend release of suspected infringing goods and cite the
relevant law or regulation governing such authority.  IP/Q4/BGR/1
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The draft Law on Trademarks and Geographical Indications stipulates that the customs
authorities are authorized to accept applications for a request to suspend release of counterfeited
goods.
38. Please describe the procedures a right holder must follow to obtain border protection by
the competent authorities, e.g., if there is a form al application that must be submitted to the
competent authority, judicial or administrative, and the information required in the request for
suspension and cite the law or regulations providing such procedures.
In order to obtain border protection from the customs authorities, the owner of the trademark
submits an application for a request to suspend the import.  The draft Law on Trademarks and
Geographical Indications stipulates that the application contains detailed description of the goods.
39. Please explain whether procedures, permissible under Article 51 of the TRIPS
Agreement, are available to stop the export of goods suspected of infringing copyrights and/or
trademarks.
The provisions of Decision No. 87/1996 as  amended in Decision No. 164/1997 of the
Bulgarian Government do not allow the export of sound carriers, video carriers and CD-ROMs in any
case, when a Certificate issued by the Directorate on the protection of copyright and neighbouring
rights with the Ministry of Culture is not presented.  The above stated Certificate confirms that the
goods do not infringe the intellectual property rights of the right holder.
40. Article 52 of the TRIPS Agreement require s that rights holders wishing to stop
importation of counterfeit trademarked goods or pirated copyrighted works present evidence to
the competent authorities that there is prima facie  infringement of their trademark or copyright.
Please explain what evidence will constitute prima facie infringement in Bulgaria.
The draft Law on Marks and Geographical Indications provides that the right holders present
to the competent authorities the following evidence proving prima facie  infringement: registration
certificate of the object of intellectual property concerned, verification, that the registration is true,
sample of the goods or their package, if available.
41. Article 52 also requires that the right holder provide a "sufficiently detailed description
of the goods" to be stopped.  Please explain what is required of the right holder in Bulgaria for a
description to be "sufficiently detailed".
The requirements for a sufficiently detailed description of the goods to be presented by the
right holder have not been yet elaborated.  A regulation will provide relevant provisions for thedescription.
42. Article 52 requires that the competent auth orities notify the right holder that his
application is accepted within a reasonable time.  Please explain within what period of time the
competent authority responds to a request for suspension of release of goods and, if the
application is accepted, the length of time during which enforcement action will be taken.
The draft Law on Customs does not provide that the customs authorities notify the right
holder that his application for the suspension of the import of goods is accepted.  The application is
accepted when it contains detailed description of the goods and the required official documents areenclosed.
43. Article 53.1 requires that the competent author ities have the authority to secure from an
applicant a security or equivalent assurance su fficient to protect a defendant and to prevent
abuse.  Please verify that the competent auth orities identified above are empowered to requireIP/Q4/BGR/1
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security or equivalent assurance and provide cita tions to the provisions of law or regulation that
grant them that authority.
Article 73 of the draft Law on Customs stipulates that the customs authorities require from an
applicant monetary assurance sufficient to cover the injures which the importer may safer as a resultof the unfounded suspension of the import.  The monetary assurance is deposited at disposal of the
customs authorities.
44. Article 53.2 provides that the owner, importer, or consignee of goods involving
industrial designs, patents, layout-designs or undisclosed information that have been suspended
by customs authorities should be able, in certa in circumstances, to have such goods released on
payment of security sufficient to protect the ri ght holder from infringement.  Please identify
what forms of intellectual property, if any, are subject to provisions of Article 53.2 and cite to
the relevant provisions of law or regulations.
There are no relevant provisions of law or regulations.
45. Article 54 requires that the importer and th e applicant be notified promptly of the
suspension or release of goods.  Please specify the period within which the competent authority
to issue a notice that the release of goods has been suspended.
Article 74 of the draft Law on Trademarks and Geographical Indications stipulates that in
cases when the customs authorities suspend the im port, they give the importer opportunity to object
within seven days.  In a case where no objection has been received from the importer, the customs
authorities notify the owner of the trademark.
46. Article 55 makes it clear that the right ho lder applying for suspension of infringing
goods must initiate a proceeding on the merits in an appropriate forum within a reasonable
period of time or the goods will be released.  Plea se identify the fora in which an applicant/party
may initiate proceedings on the merits that will allow customs authorities to hold the goods
beyond ten working days.
The right holder applying for suspension of infringing goods will initiate a proceeding on the
merits in the court.  Otherwise the suspended goods will be released if within 14 days from the date ofnotification under Article 75 of the draft Law on Tr ademarks and Geographical Indication the Sofia
City Court does not order suspension of the goods as a security of a filed claim on infringement of a
right on trademark.
47. Article 55 provides that a review is to take place within a reasonable time at the request
of the defending party to determine if the susp ension measures should be modified, revoked or
confirmed pending the outcome of the proceeding on  the merits.  Please identify the forum that
is authorized to conduct such a review and describe the procedure and cite the applicable law or
regulations.
The court considering the merits of a case is  the forum authorized to determine if the
suspension of the goods, which is a security of a filed claim on infringement of a right on trademark
will be replaced by another security.
48. Article 56 requires that the authorities be able to require the applicant to compensate
the defending party for any injury caused if  the detention of goods was unfounded.  Please
identify the authorities that can order the appl icant to pay the importer, consignee or owner
compensation for injury caused by wrongful detention or through the detention of goods
released pursuant to Article 55 and cite to the applicable law or regulations.  IP/Q4/BGR/1
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In case the suspension of goods was unfounded, which is ascertained by the rejection of the
right holder’s claim in the court, the assurance will be delivered to the importer.
49. Article 57 requires that the competent author ities be able to authorize the right holder
to inspect the detained goods in order to substantiate the claims.  Please explain how right
holders are provided an opportunity to insp ect suspect goods that have been detained by
customs authorities.
There are no relevant provisions in the legislation.
50. Article 57 also requires that, where the decisi on on the merits favours the right holder,
the competent authorities also may be given au thority to give the right holder information
regarding the importer, consignee or consignor.   If competent authorities in Bulgaria can
provide information regarding the importer, cons ignee or consignor to the right holder, please
explain how information regarding names and addresses of consignors, importers and
consignees and quantities of goods are provided to the applicant after a positive decision of
infringement is made, e.g., authorities automatica lly providing information or by submission of
a written request from the right holder, etc.  Plea se cite to the law or regulations providing such
authority.
There are no relevant provisions in the legislation.
51. Article 58 specifies procedures to be followed where the competent authorities can act ex
officio.  Please explain whether the competent au thorities in Bulgaria are empowered to act ex
officio and, if so, please identify the intellectu al property areas subject to ex officio action.
Only the actions undertaken under Article 52 of the Law on Trademarks and Industrial
Designs and Article 52 of the Law on Protection of  New Plant Varieties and Animal Breeds are
conducted ex officio and they are related to infringed intellectual property rights on trademarks,
industrial designs and new plant varieties.
52. Article 59 identifies the remedies that are to be available, including destruction or
disposal of infringing goods outside the stream of commerce.  Please explain what the law in
Bulgaria permits regarding the disposition of infringing goods, i.e., does the law allow fordestruction, disposal or both.  Please cite to  the law or regulations providing such authority.
Article 74 of the draft Law on Customs provides that, if within the time limit for presenting
objections to the suspension of imported goods, the importer fails to present his objections, the
customs authorities seize the goods on behalf of the State.
53. Please identify:
(a) the competent authority that decides th e disposition of the goods, i.e., whether
the goods will be destroyed or disposed of outside the stream of commerce; and
(b) the competent authority that carries ou t the destruction or disposal of the goods.
Bulgarian legislation provides for the processing and distraction of the objects of the
infringement of intellectual property rights, and in case of intention - as well as the processing anddistraction of any materials and implements the predominant use of which has been in the commission
of the offence
Article 28, paragraph 2 of the Patent Law and Article 29, paragraph 2 of the Law on
Protection of New Plant Varieties and Animal Breeds stipulate that in cases when the violation of theIP/Q4/BGR/1
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patent rights or rights, resulting from a plant variety certificate, is established through a lawsuit, the
Sofia City Court is the competent authority that de crees reprocessing and destroying of the objects of
infringements and if the infringement is done deliberately as well as reprocessing and destroying of
any materials and implements the predominant use of which has been in the commission of the
offence.
Article 52 of the Law on Trademarks and Industrial Designs sets forth that in cases when the
violation of a trademark, industrial design or appellation of origin is ascertained through
administrative statement, the President of the Patent Office issues a penal order for confiscation of the
infringing goods on behalf of the State.  In compliance with the requirements of the Law on
Administrative Violations and Penalties, after its entry into force the penal order is executed by the
administrative authorities in the locality where the infringement was committed.
Article 52 of the Law on Protection of Plant Varieties and Animal Breeds provides that when
the violation of a plant variety certificate is ascertained through administrative statement, the Minister
of Agriculture issues a penal order on imposition of monetary fine to the violator and confiscation of
the multiplied material.  In compliance with the requirements of the Law on Administrative Violationsand Penalties, after its entry into force the penal order is executed by the administrative authorities in
the locality where the infringement was committed.
54. Article 60 permits Members to exclude from the provisions for border enforcement
small quantities of goods of a non-commercial nature carried by passengers or sent in smallconsignments.  Please describe what constitutes a de minimis  import that is excluded from the
border measures under the law of Bulgaria.
The import of small quantities of goods of a non-commercial nature is excluded from the
border measures.
Criminal procedures
55. Article 61 of the TRIPS Agreement requires that Members have criminal procedures
and penalties, including imprisonment and/or monetary fines sufficient to act as a deterrent, at
least for cases of wilful trademark counterfeiting and copyright infringement on a commercial
scale.  Please describe the provisions in the law of Bulgaria that fulfil that obligation and
provide legal citations.
The Penal Code provides for criminal procedures and penalties to be applied in cases of wilful
trademark counterfeiting and copyright infringements.
Articles 227 and 227a of the Penal Code stipulate for the use of counterfeited trademarks the
imposition of imprisonment to not more than three years and monetary fine of up to leva 1 000 000.
Article 172a, paragraph 1 of the Penal Code provides for infringements of copyright the
imposition of imprisonment to not more than three years and monetary fine from leva 1 000 000 to3 000 000.  Article 172a, paragraph 3 of the Penal Code provides for repeated infringements of
copyright the imposition of imprisonment to not more than five years and monetary fine from
leva 3 000 000 to 5 000 000.
56. Article 61 also requires that remedies in a ppropriate cases include the seizure, forfeiture
and destruction of infringing goods and any materials and implements the predominant use of
which has been the commission of the offence.  Please explain the provisions in the law of
Bulgaria that provide for such remedies, desc ribe the circumstances in which those remedies
would be imposed and provide legal citations.  IP/Q4/BGR/1
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Bulgarian legislation provides the deprivation on behalf of the state of the infringing goods and
the materials and implements the predominant use of which has been in the commission of the
offence.
Article 172a, paragraph 5 in relation to Article 53, paragraph 1, subparagraph (b) of the Penal
Code stipulate the deprivation on behalf of the state of the object of the crime.  A prerequisite for its
imposition is that the object of the crime belongs to the guilty person.
Articles 227 and 227a in relation to Article 53, paragraph 1, subparagraph (b) of the Penal Code
stipulate the deprivation on behalf of the state of th e infringing goods in the case of wilful trademark
counterfeiting and also the materials and implements the predominant use of which has been in the
commission of the trademark counterfeiting
Article 53, paragraph 1, subparagraph (a) of the Penal Code provides the deprivation on behalf
of the state of the property designed or used for the commitment of a crime.  A prerequisite for the
imposition of this measure is that the object of the crime  belongs to the guilty person.
57. Article 61 also indicates that Members may provide for criminal procedures and
penalties in cases of wilful infringement of oth er forms of intellectual property.  Please describe
any provisions in the law of Bulgaria that provide for such procedures and remedies and
provide legal citations.
Bulgarian legislation provides for criminal procedures in cases of wilful infringements of
intellectual property rights on neighbouring rights, industrial designs and appellations of origin.
Article 172a, paragraph 2 of the Penal Code stipulates that for the infringements of
neighbouring rights the imposition of imprisonment to not more than 3 years and monetary fine fromleva 1 000 000 to 3 000 000.  Article 172a, paragraph 3 of the Penal Code provides for repeated
infringements of neighbouring rights the imposition of imprisonment from 1 to 5 years and fines from
leva 3 000 000 to 5 000 000.  Article 172, paragraph 5 in relation to Article 53, paragraph 1,
subparagraph (b) of the Penal Code set forth the deprivation on behalf of the state of the infringing
goods in the case of infringement of neighbouring rights.
Article 227 of the Penal Code stipulates for the illegal use of industrial designs and
appellations of origin the imposition of imprisonment to not more than three years and a monetary fine
of up to leva 1 000 000.  Article 227 of the Penal Code in relation to Article 53, paragraph 1,
subparagraph (b) of the Penal Code set forth the deprivation on behalf of the state of the infringing
goods, involving illegal use of industrial designs and appellations of origin.
The Bulgarian legislation provides penal procedures and sanctions with respect to plagiarism.
Articles 173 and 174 of the Penal Code stipulates for plagiarism the imposition of   imprisonment to
not more than two years or fine of up leva 10 000, as well as public condemnation.
58. Article 61 requires that criminal penalties be sufficient to provide a deterrent at least for
wilful trademark counterfeiting and copyright piracy.  Please explain how the penalties
provided under the laws of Bulgaria  comply with that obligation.
In order that criminal penalties fulfil their preventive and premonitory-restraining function,
the penal responsibility for infringements of intellectual property right has been extended in 1995 and1997.  The criminal sanctions for infringements of inte llectual property rights are consistent with the
level of penalties applied for crimes of a corresponding gravity.  The amount of monetary fines have
been substantially increased and actualized in accordance with the economic changes in the country.IP/Q4/BGR/1
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The penalties provided under Bulgarian legislation comply with the requirements of
Article 61.
[Follow-up questions from the US]
1. Please provide statistical information related  to civil copyright, trademark, geographical
indication, industrial design, patent, integr ated circuit layout-design, and trade secret
enforcement for each of the years 1996 and 1997, including the number of cases filed;
injunctions issued;  infringing products seized ;  infringing equipment seized;  cases resolved
(including settlement);  and the amount of damages awarded.
The statistical information, related to civil copyright, trademark and industrial design
enforcement available for 1996 is as follows:
Copyright
- 52 investigated objects;
- 39 administrative acts establishing intellectual property rights violations;
- 36 penal administrative orders issued;
Trademarks
- 13 requests for establishment of infringements of registered trademarks;
- 9 penal administrative orders issued;
Industrial designs
- 3 requests for establishment of infringements of industrial designs;
- 1 penal administrative order issued.
The statistical information related to civil copyright, trademark and industrial design
enforcement available for 1997 is as follows:
Copyright
- 107 investigated objects;- 81 administrative acts establishing intellectual property rights violations;
- 13 penal administrative orders as of 26 November 1997.  The rest of the investigation
documentation is still being processed;
- 50 000 CDs, 5 000 video and 10 000 audio tapes have been confiscated from
1 January to 12 November 1997.  The experts of the Copyright Department at theMinistry of Culture have been requested to process 45 expert appraisals and expert
reports by the investigation authorities and police.
Trademarks and industrial designs
- 25 requests for initiating an administrative procedure for infringements of registered
trademarks and 4 requests for initiating an administrative procedure for infringements
of industrial designs have been submitted until 30 October 1997.  IP/Q4/BGR/1
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- 17 penal administrative orders for infringements of trademarks and 5 penal
administrative orders for industrial designs have been enacted during above stated
period.
- Data is available only for 7 cases completed, totally amounting leva 2 467 910
(leva 1 000 = DM 1).
2. Please provide statistical information relat ed to criminal enforcement in the area of
copyright piracy and trademark infringement fo r each of the years 1996 and 1997, including the
number of raids, prosecutions, convictions, and th e amount of fines and/or jail terms (including
whether the fines were paid and whether the jail term was actu ally served or was suspended)
and any other information establishing that your criminal system operates effectively to detercopyright piracy and trademark counterfeiting.
Police investigations have been launched in all enterprises for CD production in Bulgaria in
March and May 1997.
Two hundred special police raids have been undertaken and more than 700 objects have been
checked.  More than 350 000 CDs, 17 000 video and 33 000 audio cassettes have been confiscated
during these actions.
One hundred thousand illegally produced CDs (confiscated after customs violations) have
been publicly destroyed in July 1997.
Twenty-nine penal suits for infringements of copyright and neighbouring rights have been
brought before Bulgarian Courts in 1997.  In 12 of them final sentences have been rendered by Courts,
five cases have been suspended and 12 are pending.  The Courts rendered 3 effective sentences, sevenconditional sentences imposing imprisonment to not more than 3 years and in 2 suits penal fines were
imposed.
3. Please explain how Bulgaria complies with the requirements of Article 41.1 that
copyright enforcement procedures "permit effective action against any action of infringement"
by describing how the recently adopted title verification system for CD production has been
used in practice to prevent the production and export of pirate CDs and software CD ROMs.
Regulation of the Council of Ministers No. 87/1996 on the Control on Using of Objects of
Copyright and Neighbouring Rights, published in State Gazette No. 35/1996, as amended, introduces
a verification system for the rights of using of some categories of objects, such as audio and video
recordings, computer programs, CDs and CD-R OMs.  The contracts under which the right of
reproduction and distribution of sound and video recordings is granted are registered with the Ministry
of Culture.  Article 7 of the Regulation stipulates that for each sound and video carrier and CD-ROM
containing objects of copyright and neighbouring rights, the manufacturer is obliged to submit an
application for the verification of the legitimacy of the manufacturing order to the Ministry of Culture.
Manufacturing orders are not fulfilled before the verification is completed.  On the grounds of theapplication submitted, the Ministry of Culture issues a certificate, the number of which is inscribed
clearly enough on each sound and video carrier produced, except when a SID code is used (Article 13
of the Regulation).  When such a certificate is not available, the goods are seized, and the Ministry
initiates a procedure of clarifying their origin.  Article 13 of the Regulation provides that any CD-
ROM, compact and laser disk manufacturer is obli ged to implant in its equipment a number given by
the International Identification System (SID code, c ode for the identification of the source).  All CD
manufacturers submit information on their production capacity and equipment to the Ministry of
Culture.  The implantation of SID codes began in September 1996 with the assistance of IFPI experts.IP/Q4/BGR/1
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Paragraph 2, subparagraph 3 and paragraph 3 in relation with paragraph 2, subparagraph 3 of
the Additional Provisions of the Regulation in relation with Articles 18, 76 and 86 of the Law on
Copyright and Neighbouring Rights stipulate that the import and export of objects of copyright and
neighbouring rights are considered as forms of use of the works.  After being amended, the Regulation
extends the legal regime also to the temporary import and export of the above stated object categories(paragraph 2, subparagraph 2 of the Additional Provisions of the Regulation).
The current export-import regime provides that sound and video carriers and computer
software on CD-ROM are among the goods subject to export licensing.  The General Customs
Directorate requires that in order to permit the export or import of sound and video carriers and
computer software the importer/exporter is obliged to submit a certificate, issued by the Ministry of
Culture.
4. The United States Government has received reports of a pattern of undue delays by
prosecutors and other officials in investigatin g and commencing criminal complaints against
copyright pirates.  In light of these reports, please explain what steps Bulgaria has taken to
ensure compliance with the requirements of Arti cle 41.2 that copyright enforcement procedures
"shall not...entail...unwarranted delays."
In order to ensure compliance with respective provisions on copyright piracy of the Penal
Code, the competent Bulgarian authorities mount an immediate investigation after receiving any
signal of such a crime.
A specialised unit of investigation of copyright piracy was set up in one of the principal
divisions of the National Investigation Service.  Its staff has received appropriate training and is
capable of pursuing prompt and successful investigations of copyright piracy.
In 1996, 65 preliminary investigations of crimes against copyright were pursued and in 1997,
156 preliminary investigations were undertaken.  In 1996, 25 preliminary investigations were
concluded with an opinion that the accused persons of copyright piracy should be tried by court and in
1997, 62 preliminary investigations were concluded with a similar opinion.  Not only small
distributors of pirated goods, but also the managers of illegal manufacturing and distribution of these
goods were brought to penal responsibility.
In 1997 investigators cancelled the manufacturing and distrained a production line of pirated
CDs in Botevgrad.  In December 1997 the National Investigation Service mounted an investigation in
the city of Plovdiv.  44 350 pirated CDs were seized  and a channel for illegal export of pirated CDs
was suspended.
The General Prosecutor's Office of Bulgaria has envisaged in its Plan of Activities for 1998
the following measures that ensure prompt copyright enforcement procedures:
- The Regional Prosecutors are obliged to keep a special register of the investigation
correspondence and lawsuits, which are initiated for crimes under Article 172a(crimes against copyright and neighbouring rights) of the Penal Code.  They shall
conduct monthly inspections in the relevant regional units of the Ministry of Interior
and shall deliver specific instructions for conclusion of preliminary investigations;
- All investigation correspondence and lawsuits that are suspended shall be submitted
to the relevant District Prosecutor's Office for their examination.  The District
Prosecutor's Office shall communicate subsequently the suspended investigation
correspondence and lawsuits to the General Prosecutor's Office for their further
examination and surveillance;  IP/Q4/BGR/1
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- The District Prosecutors shall submit quarterly to the General Prosecutor's Office
analysis and fact sheets on the investigation correspondence and lawsuits initiated
under Article 172a of the Penal Code.
The above stated steps of the General Prosecutor's Office, National Investigation Service and
other competent authorities ensure compliance with the requirements on copyright enforcement
procedures of Article 41.2 of the TRIPS Agreement.
5. With respect to Bulgaria's answers to US questions 25 through 29, please explain under
what circumstances provisional measures to preserve evidence are conducted without notice to
the alleged infringer.
The evidence shall be preserved upon request of the interested party (holder of the infringed
intellectual property rights) submitted to the Court, where the suit is pending or, when the suit has not
yet been filed, the request shall be submitted to the court in the domicile of the claimant, or to the
court in the locality of the real estate property where an inspection shall be fulfilled (Article 166,
paragraph 1 of the Code of Civil Procedure).  A copy of the request shall be delivered to the otherparty (Article 166, paragraph 1 of the Code of Civil Procedure).
As a guarantee for prompt proceedings, Article 168 of the Code of Civil Procedure stipulates
that in a case where the claimant in a future clai m is not in a position to identify the name and the
address of the other party, the Court shall assign its representative.
The meaning of this provision is that in the process of securing evidence for future judicial
proceedings (for example, a claim under Article 94 of the Law on Copyright and Neighbouring
Rights) the parties are identical to those of a future claim.  They take part in the proceedings on the
preliminary collection of evidence.  At that time, it might happen that the holder of intellectualproperty rights, who has suffered injuries of illegal use of his work, will not have any information
about the infringer.  In order that this lack of information will not hamper the security, the court
assigns a representative of the infringer who participates in the proceedings on behalf of the infringer
and receives a copy of the request for security.
6. Apart from the claim security procedures  described in your answers to the above
referenced questions, please explain whether provisional measures to prevent furtherinfringement can be instituted without notice to an alleged infringer.
As a rule, the claim security (including claims for intellectual property rights) is accomplished
without the defendant being notified.  These measures aim at protecting the claimant from non bona
fide activities of the defendant during the judicial proceedings, which might frustrate the protection
requested from the court.
In view of that, Article 314 of the Code of Civil Procedure stipulates that a copy of the
request for security is not delivered to the other party.  The court enacts a decision on claim security in
camera  in the day of its submission.
The securing measure accepted by the court is imposed by the bailiff where the movable or
real estate property subject to the measure is located.  The request for security and the imposition of
corresponding security measure is completed within one or two days.
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