WORLD TRADE
ORGANIZATIONIP/N/6/BGR/1
12 May 1998
(98-1890)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
CHECKLIST OF ISSUES ON ENFORCEMENT1
Responses from the Republic of Bulgaria
Civil and Administrative Procedures and Remedies
(a)  Civil judicial procedures and remedies
1. Specify the courts which have jurisdiction over IPR infringement cases.
The District Courts in the Republic of Bulgaria (in Sofia city, the capital, it is the Sofia City
Court) have the exclusive jurisdiction over cases of infringement of copyright and neighbouring rights
(Article 96 of the Law on Copyright and Neighbouring  Rights (LCNR) and cases of infringement of
trademarks, service marks, industrial designs and appellations of origin (Article 51 of the Law on
Trademarks and Industrial Designs).
The Sofia City Court has the exclusive jurisdiction over cases of infringement of patents
(Article 64, paragraph 1 of the Patent Law) and cases of infringement of registered plant varieties
(Article 52 of the Law on Protection of New Plant Varieties and Animal Breeds).
2. Which persons have standing to assert IPRs?  How may they be represented?  Are there
requirements for mandatory personal appearances before the court by the right holder?
The persons with standing to assert IPRs are the authors, the holders of copyright and
neighbouring rights, trademarks, geographical indications, industrial designs, patent owners and
owners of a certificate for a plant variety.  These persons shall be represented by lawyers, legal
advisers or other persons, envisaged in the law, legally authorized to appear in court.
Management of copyright may be entrusted to "collective management organizations" -
legally constituted entities authorized by the copy right holders.  Once authorized, such entities may
exercise the rights entrusted to their management and assert them in all types of administrative or
legal proceedings (Article 40 of the Law on Copyright and Neighbouring Rights).  The samerequirements are applied with regard to neighbouring rights - Article 73 in relation with Article 40 of
the Law on Copyright and Neighbouring Rights.
Principally, the court may order the party to appear personally to clarify the facts relating to
the case.  The court orders it either on a request of the opposing party or by its own ( ex officio )
initiative -Article 114 of the Code of Civil Procedure.  The non-appearance of a party, brought beforethe court in the appropriate order, shall not hamper the proceedings on investigating the case.  The
                                                     
1Document IP/C/5.IP/N/6/BGR/1
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court postpones the suit investigation in case one of the parties or its representative does not appear
before the court due to disease or another reasonable request.
3. What authority do the judicial authorities h ave to order, at the request of the opposing
party, a party to a proceeding to produce evidence which lies within its control?
The civil procedural rules, stipulated in the Code of Civil Procedure, related to producing
evidence and the means of proving evidence are applied.  Each party may request the opposing partyor a third party, not a party in the procedure, to submit documents which are in its possession.  A
condition for the admission of a proof is its significance for the solution of the problem that the party
states - Article 152 of the Code of Civil Procedure.  The court decides which of the proposed evidence
should be demonstrated and has the power to order the submission of such evidence.
4. What means exist to identify and protect confidential information brought forward as
evidence?
Evidence demonstration shall be conducted in a way which respects state, business, and
commercial secrets.  The Code of Civil Procedure authorizes the court, ex officio  or on a request of
one of the parties, to order the hearing of the case to be held in camera , if, because of the specific
circumstances of the case its public hearing could be harmful for the public interest or for the private
life of the parties.  In this case only the parties, their authorized representatives, experts and witnesses,
as well as the persons who are admitted to participate by the judge of the court, are admitted in theCourt Hall - Article 105, paragraph 2 of the Code of Civil Procedure.
5. Describe the remedies that may be ordered by the judicial authorities and criteria,
legislative or jurisprudential, for their use:
- injunctions;
- damages, including recovery of profits, and expenses, including attorney's fees;- destruction or other disposal of infringing goods and material/implements for
their production;
- any other remedies.
The right holder of copyright and neighbouring rights, trademarks, service marks, industrial
designs and appellations of origin, who has suffered any injury due to an infringement of IPRs shall
be entitled to submit a claim for indemnification to the respective Regional Court.  The owner of a
patent and the owner of a certificate for a plant variety shall be entitled to submit a claim for
indemnification to the Sofia City Court.  When the court accepts such a claim, it enacts a decision on
the indemnity.  The criteria for the determination of its amount is the remuneration which the claiming
party could have got if a contract for the use of the work had been signed.  The amount of thedamages and losses suffered has to be proven by the person who claims them.  The indemnification is
due for material or non-material damages (if there is casual-consecutive correlation with the
infringement), as well as for the direct losses and the benefits missed.
According to Article 95 of the Law on Copyright and Neighbouring Rights, the owner of
infringed IPRs may submit a claim to the District  Court in order to prevent anyone from the
illegitimate use of the work - object of infringed IPR.  The only prerequisite is the existence of usage
of the work not permitted by the author or by explicit legal provision.  The claimant is obliged toIP/N/6/BGR/1
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prove that he is the holder of the infringed IPR, as well as the fact of the infringement (which must
exist at the moment of infringement).  The court with its decision on the acceptance of the claim may
enact:
- restraint or prohibition of the not permitted use of the work (Article 95, paragraph 1
of the Law on Copyright and Neighbouring Rights);
- seizure and destruction of illegitimately produced copies of the work, including
negatives, master copies, printing forms and other used for the purposes of copying
(Article 95, paragraph 2 of the Law on Copyright and Neighbouring Rights);
- seizure and putting out of operation the copying and reproducing equipment used
exclusively for committing infringements (Article 95, paragraph 3 of the Law on
Copyright and Neighbouring Rights);
- receiving the illegitimately produced copies of the work, including negatives, master
copies, printing forms and other at cost price (Article 95, paragraph 4 of the Law on
Copyright and Neighbouring Rights).
The general protection as stipulated in Article 97, paragraph 1 of the Code of Civil Procedure
provides that the holder of IPRs may submit a claim for establishment who the author is, respectively
the performer, producer, inventor, breeder, etc.
In case the claimant has not at his/her disposal any other claims, he/she may submit a
groundless profiteering claim under Article 59 of the Law on Obligations and Contracts.  A
prerequisite for its submission is the profiteering of the defendant on the account of the author.  The
court with its decision on the claim acceptance grants everything with which the defendant has been
profiteered to the claimant.
6. In what circumstances, if any, do judicial authorities have the authority to order the
infringer to inform the right holder of the identity of third persons involved in theproduction and distribution of the goods or services found to be infringing and of their
channels of distribution?
There are no special provisions in the IPRs protection legislation envisaging the direct
obligation of the infringer to inform the right ho lder of the identity of persons participating in
reproduction and distribution of the illegitimately produced copies.
According to the general principles of the Code of Civil Procedure, each party is obliged to
establish the circumstances on which it bases its claims and objections, as well as may require the
other party or a third party, not a party in the procedure, to present a document that is at its disposal.
Nobody has the right to refuse testimony, except in th e cases explicitly provided in the Law.  Before
the court, witnesses are obliged to announce all data known by them on the identity of persons
participating in the process of reproduction and distribution of illegitimately recorded copies of the
work, object of infringement.
The facts for which the party of an IPR suit has created obstacles for collecting evidence
admitted by the court, has refused to answer or has given deviate or obscure answers, may be accepted
by the court as proven on the base of the circumstances of the suit available.IP/N/6/BGR/1
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7. Describe provisions relating to the indemnification of defendants wrongfully enjoined.
To what extent are public authorities and/or officials liable in such a situation and what
"remedial measures" are applicable to them?
In the case of a wrongfully decided civil claim for IPRs protection as a result of which the
defendant has been sentenced either to pay indemnification or to restrain from committing of defined
actions, he has at his disposal all means for defence specified in the civil proceedings:
- The defendant can appeal the court decision before its entering into force at the
Supreme Court (or the correspondent Appeal ing Court according to Article 72 in
connection with Article 39 of the Law on Legal Authority).  The court may repeal the
decision and examine the appeal; repeal the decision and send back the case for a new
hearing to the District (City) Court; te rminate the case; or announce the non-validity
of the decision.
- The defendant can apply for judicial review proceedings before the Supreme Court
against a court decision which has entered into force.  The judicial review
proceedings shall be initiated on a written petition by one of the parties through the
First Instance Court, that has issued the decision being appealed, or by the General
Prosecutor.
- The defendant may apply for repeal of the decision which has entered into force.  The
procedure may be initiated either by the interested party - the wrongly sentenced
defendant in an IPR suit (through a petition submitted to the First Instance Court), or
by the General Prosecutor, or the Chairman of the Supreme Court.
8. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
The length and cost of the proceedings before th e court vary in relation to the complexity and
nature of the legal or administrative proceeding.
For civil legal proceedings, state fees and costs are being collected.  The state fees shall be
determined on the base of the claim price in accordance with Tariff Nr. 1 to the Law on State Fees,
collected by the courts, Prosecutor Office, investigation authorities and the Ministry of Justice andshall be paid by the claimant at the moment of bringing the claim before the court.  Generally, the
claim price, respectively in case of claims for IP Rs, shall be determined by the claimant.  If the
evaluation is difficult at the moment of bringing the claim before the court, the claim price shall be
approximately determined by the court and further the fee shall be paid up to the amount or recovered
up to the amount determined by the court as the claim price in its final decision on the settlement ofthe suit.
Parties are obliged to pay also the costs for witnesses, experts and inspections completed.
The amount of the costs shall be determined by the court and shall be paid by the party that has
requested the participation of the witnesses, experts and the inspections completed.
With the enacted decision the court assigns the state fees, costs and remuneration of one
lawyer, paid by the claimant, to the defendant proportionately to the accepted part of the claim -
Article 64, paragraph 2 of the Code of Civil Procedure.IP/N/6/BGR/1
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(b) Administrative procedures and remedies
9. Reply to the above questions in relation to any administrative procedures on the merits
and remedies that may result from these procedures.
Reply corresponding to question 1
In general, the administrative penal procedures , including their implementation for protection
of IPRs, consist of two phases - at the administrative penal body and at the court.  The penalregulations on the imposition of administrative penalties are issued by the Minister of Culture,
respectively a duly authorized substitute (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 Administrati ve Infringements and Penalties).  The penal
regulations can be appealed at the Regional Court in charge in the place of commitment of the
infringements.  The Regional Court decision may be appealed through judicial review proceedings
one year after its entering into force.
Reply corresponding to question 2
Parties to the administrative procedures are the infringer and the claimant for indemnification,
as well as the organization that has issued the penal regulation appealed (the Ministry of Culture).
Reply corresponding to question 3
Evidence is collected ex officio  or upon request of the interested parties - Article 114 of the
Code of Penal Procedure.  The party representing the Ministry of Culture, or the claimant for
indemnification (holder of IPRs) may request the court to admit or collect certain evidence.  Judicial
authorities may order institutions, officials and citizens to present objects and documents in relation to
the subject of the case - Article 133 of the Code of Penal Procedure.
Reply corresponding to question 4
See above.
Reply corresponding to question 5
The Regional Court may confirm, amend or repeal the penal regulations.  Its legal rights are
limited within the framework of the penal regulation and it cannot impose a new penalty different in
amount and type.  The penalties envisaged in the Law on Administrative Infringements and Penaltiesare fines ranging from 200 000 to 2 000 000 BGL (1 000 BGL = 1 DM).
In case of second and subsequent infringements, the fines vary from 1 000 000 to
5 000 000 BGL and seizure of the subject of infringement in benefit of the State.
In the event of systematic infringements, the place where these infringements have been
committed may be closed for a 3 to 6 months period.
Reply corresponding to question 6
See above.IP/N/6/BGR/1
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Reply corresponding to question 7
The infringer, in case of not guilty behaviour or non-commitment of the administrative
infringement for which he has been accused, has the right to appeal the penal regulation, issued by the
Minister of Culture before the Regional Court in charge in the place of commitment of theinfringement.
In case of confirmation of the penal regulation, it may be appealed through judicial review
proceedings before the relevant District Court.  Upon request of the interested person (in this case the
wrongfully sentenced defendant), or ex officio , the district prosecutor submits a petition to the District
Court for judicial review proceedings over the co urt decision, if he considers that there are grounds
for it.  The judicial review proceedings are held in camera .  In case when the court repeals the penal
regulation, it collects new evidence if necessary and enacts a decision on the suit.  A new petition for
appeal of the decision enacted after the judicial review proceedings cannot be submitted.
In case of penal regulations entered into force, or court decisions confirming the penal
regulations, the defendant wrongfully enjoined may apply for renewal of the administrative penal
proceedings - Article 70 and following of the La w on Administrative Infringements and Penalties.
Renewal of the administrative penal proceedings is applied in the following cases:
- when, after entry into force of the sentence, it has been established that some of the
evidence, on the base of which the penal regulation or decision has been issued, is
false;
- when, after entry into force of the sentence, it has been established that an
administrative penal body or judge member has committed a crime in relation to the
issue of the penal regulation or decision;
- when circumstances of significance for the disclosure of the objective truth, that were
not known at the moment of issue of th e penal regulation or decision, have been
found;
- when, after entry into force of the sentence, it has been established that the action, for
which administrative penalty has been imposed, should be qualified as a crime.
The renewal of the administrative penal proceedings shall be based on a proposal of the
district prosecutor and shall be examined by the District Court in an open-doors hearing.  The
proposal for renewal may be made ex officio  by the district prosecutor, as well as upon request of the
interested person - the wrongfully sentenced defendant.
Reply corresponding to question 8
Costs for imposition of administrative penal measures in respect of IPRs are owed only in the
phase of the proceedings before the court (in case of accomplishment of this phase).  The costs are to
be determined by the court.  In case the penal regulation is confirmed, the court with its decision
assigns the IPR infringer to pay the cost of the administrative proceedings, as well as the remunerationof the lawyer.  In case the penal regulation is repealed, the cost of the proceedings shall remain on the
account of the State.IP/N/6/BGR/1
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Provisional Measures
(a) Judicial measures
10. Describe the types of provisional measures that judicial authorities may order, and the
legal basis for such authority.
The court, in order to provisionally settle relations  of the parties to the dispute, or if there is a
reasonable concern that the fulfillment of a court award could be adversely affected, may orderpreliminary measures to be taken for ensuring proofs and claims.
 In case there is a risk that a certain proof might be lost or its acquisition could be hampered,
the court may order its preliminary submission.  The application for ensuring proofs shall be
submitted to the court before which the suit is hang ing or if it has not been initiated yet - to the
Regional Court in charge in the domicile of the claimant or the location of the real estate concerned -
Article 166 of the Code of Penal Procedure.  A copy  of the application is obligatory handed to the
opposing party.
Provisional measures that may be imposed by the court in order to ensure the claim are as
follows:
- distraint on real estate property;
- distraint on movable property and receipts of the defendant (the infringer of IPRs);
- other appropriate measures defined by the Court - Article 316 of the Code of Penal
Procedure.
Provisional measures may be admitted up to the size of the claim.
11. In what circumstances may such measures be ordered inaudita altera parte ?
It is within the competence of the court to consider and evaluate circumstances and order the
adoption of preliminary measures.  Provisional meas ures with respect to ensuring claims are imposed
without inaudita altera parte .  This is not applied for provisional measures with respect to ensuring
proofs.  The application for ensuring claims is considered by the court in camera  without hearing the
parties.  No copy is handed to the opposing party (Article 314 of the Code of Civil Procedure).
12. Describe the main procedures for the init iation, ordering and maintenance in force of
provisional measures, in particular relevant time-limits and safeguards to protect thelegitimate interests of the defendant.
The procedures for ensuring proofs and claims against infringements of IPRs may be initiated
on a request of the interested party (the holder of IPRs).  The required ensuring measure and the price
of the claim shall be indicated in the request.  The court defines a time-limit for the submission of the
claim and, if it is not complied with, the ensuring shall be repealed.
Ensuring is admitted in cases where, without it, it will be impossible or very difficult for the
claimant to exercise his rights after enacting the decision of the court.  The claim shall be supported
by written proofs or a guarantee defined by the court shall be paid (Article 310 of the Code of Civil
Procedure).  The court enacts its decision on the acceptance of the request  in camera  on the day of its
submission.IP/N/6/BGR/1
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The court decision on the imposition of ensuring may be appealed through private petition by
the defendant in a seven days term from handing of the announcement.
Repeal of the ensuring is enacted on a request of the interested party, a copy of which is sent
to the person whose claim is ensured.  After approving that the condition for admission of the
ensuring is not available any more, or that a replacement of the ensuring measure with cash or
security deposit is possible, the court enacts repeal of the ensuring measure.
 If the claim is repealed, or it has not been submitted in the time-limit defined by the court, or
the suit has been ceased, the defendant may request the claimant to pay to him all injuries caused by
the ensuring - Article 322, paragraph 1 of the Code of Penal Procedure.  The guarantee given by the
claimant may be released only with the consent of the defendant.  For this purpose, a copy of the
claimant's petition for release shall be sent to the defendant, who can object and in a one month term
submit a claim for the injuries caused to him.
13. Describe provisions governing the length and cost of proceedings.  Provide any data on
the actual duration of proceedings and their cost.
According to Tariff Nr. 1 of the Law on State Fees, collected by courts, Prosecutor Office,
investigation authorities and the Ministry of Justice, a state fee in the amount of 8 000 BGL shall be
paid on the request for ensuring proofs.  On requests for ensuring a future claim, the claimant pays a
state fee in the amount of 15 000 BGL.
For accomplishment of the description of movable and immovable properties (in case of
distraint), a state fee in the amount of 0.5 per cent of the sum for which ensuring is requested shall be
paid.
Information concerning the actual duration of proceedings related to infringements of
intellectual property rights is not available at present.
(b) Administrative measures
14. Reply to the above questions in relation to any administrative provisional measures.
Please, see replies to questions 1 - 8.
Special Requirements Related to Border Measures
15. Indicate for which goods it is possible to apply for the suspension by the customs
authorities of the release into free circulat ion, in particular whether these procedures
are available also in respect of goods which involve infringements of intellectual
property rights other than counterfeit tradem ark or pirated copyright as defined in the
TRIPS Agreement (footnote to Article 51).  Specify, together with relevant criteria, any
imports excluded from the application of such  procedures (such as goods from another
member of a customs union, goods in transit or de minimis  imports).  Do the procedures
apply to imports of goods put on the market in another country by or with the consent
of the right holder and to goods destined for exportation?
16. Provide a description of the main elements of the procedures relating to the suspension
of the release of goods by customs authoritie s, in particular the competent authorities
(Article 51), the requirements for an application (Article 52) and the various
requirements related to the duration of suspen sion (Article 55).  How have Articles 53IP/N/6/BGR/1
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(Security or equivalent assurance), 56 (indemnification of the importer and of the owner
of the goods) and 57 (right of inspection and information) been implemented?
 17. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.  How long is the validity ofdecisions by the competent authorities for the suspension of the release of goods into free
circulation?
18. Are competent authorities required to act upon  their own initiative and, if so, in what
circumstances?  Are there any special provisions applicable to ex officio  action?
19. Describe the remedies that the competent authorities have the authority to order and
any criteria regulating their use.
Answer to questions 15 - 19
At present, the Republic of Bulgaria has no special regulation regarding border measures.
The protection of IPRs at the border is governed by general customs regulations.  A Regulation
relating to the suspension of the release for free circulation, export or re-export of counterfeit and
pirated goods is currently being drafted to cover the relevant provisions of the TRIPS Agreement.
Criminal procedures
20. Specify the courts which have jurisdiction over criminal acts of infringement of IPRs.
According to Article 28, paragraph 1, in connection with Article 33 of the Code of Penal
Procedure, all criminal acts of infringement of IPRs are under the jurisdiction of the Regional Court in
charge in the place of commitment of the crime.
21. In respect of which infringements of which intellectual property rights are criminal
procedures and penalties available?
Criminal procedures and penalties are available in Chapter VII "Crimes against the
Intellectual Property" of the Penal Code in respect of the following infringements of intellectualproperty rights:
- copyright and neighbouring rights: recording, reproduction, distribution, broadcasting
or transmission through a technical device or  use in another way of audio- and video
carriers; radio, TV or computer programs  and software without the consent of the
author or the right holder (Article 172 A of the Penal Code, supplemented on
1 June 1995, published in State Gazette N 50/1995), publishing or use of foreign
works of science, literature or art, as well as a significant part of such work by using
one's own name or a pseudonym (Article 173 of the Penal Code);
- patents, trademarks and industrial designs: reproduction, imitation, modification,
registration, use, possession and introduction into trade of works of foreign
innovations; rationalizations or industrial designs (Articles 173 and 174 of the Penal
Code).
22. Which public authorities are responsible for initiating criminal proceedings?  Are they
required to do this on their own initiative and/or in response to complaints?
Competent to initiate ex officio  preliminary proceedings (an obligatory stage of the criminal
proceedings according to Article 172 of the Code of Penal Procedure) are the Prosecutor and theIP/N/6/BGR/1
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preliminary investigation authorities - investigating magistrates and assistant-investigating magistrates
at the National Investigating Office.  The inves tigating magistrates shall inform immediately the
Prosecutor for the actions taken by them.
Legal grounds and sufficient data for the initiation of preliminary proceedings shall be
available.  Citizens may draw the attention of the preliminary proceedings authorities to infringements
of law and thus giving them legal grounds for initiation of preliminary proceedings.
In case of existence of legal grounds, but no sufficient data available and no urgent
investigation actions required, the preliminary proceedings authorities, respectively the Ministry of
Internal Affairs, may accomplish preliminary inspecti on, for which the prosecutor is to be informed -
Article 191 of the Code of Penal Procedure.
23. Do private persons have standing to initiate criminal proceedings and, if so, who?
Private persons have no right to initiate directly preliminary proceedings.  They only can
bring to the attention of the above-mentioned preliminary proceedings authorities information on lawinfringements.  The initiation is under the jurisd iction of the relevant preliminary proceedings
authorities, as described in the reply above.  Citizens are publicly obliged to report immediately to the
preliminary proceedings authorities or another state body any information and complaints they have
concerning committed crimes - Article 174, paragraph 1 of the Code of Penal Procedure.  These
reports may be used as a legal ground for the initiation of preliminary proceedings or preliminaryinspection.
In the phase before the court of the criminal proceedings the holder of IPRs, injured by the
crime, or his/her heirs, may be constituted as a private accuser or civil claimant, or both.  The private
accuser joins the suit on his/her request and assists the criminal proceedings accomplished by the state
authorities, acting together with the prosecutor without being his substitute.  The civil claimant may
submit to the criminal court a civil claim for indemn ification of the injuries against the defendant, as
well as against the persons carrying civil responsibil ity for the injuries - Article 60 of the Code of
Penal Procedure.  The private accuser's request and the civil claim for injuries may be submitted to the
court in oral or in written form not later than the beginning of the court proceedings.
24. Specify, by category of IPR and type of infringement where necessary, the penalties and
other remedies that may be imposed:
- imprisonment;
- monetary fines;
- seizure, forfeiture and destruction of infringing goods and material and
implements for their production;
- other.
 Referring to the categories of IPRs and types of infringement, the above mentioned in the
reply to question 21 is valid.
According to Article 172 A of the Penal Code , the following penalties and remedies may be
imposed:
- imprisonment up to 3 years and fine from 1 000 000 to 3 000 000 BGL (Article 172,
paragraphs 1 and 2);IP/N/6/BGR/1
Page 11
- imprisonment from 1 to 5 years and fine from 3 000 000 to 5 000 000 BGL
(Article 172, paragraph 3);
- in both cases the subject of infringement shall be seized in benefit of the State.
25. Describe provisions governing the length and any cost of proceedings.  Provide any
available data on the actual duration of proceedings and their costs, if any.
The costs for suits against general crimes, as the infringements of IPRs are qualified, shall be
paid from the budget of the institution concerned - Article 167 of the Code of Penal Procedure (the
court, the Prosecutor Office, the Investigation Office).  The amount is determined by the court or by
the preliminary proceedings authority - Article 168 of the Code of Penal Procedure.
In case the defendant has been found guilty, the court assigns him to pay the costs of the
proceedings, including the remuneration of the lawyer, as well as the expenses of the private accuser
and civil claimant - Article 169 of the Code of Penal Procedure.
Information concerning the length of proceedings related to infringements of intellectual
property rights and their costs is not available at present.
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