ACT ON PROTECTION OF NEW PLANT VARIETIES AND ANIMAL BREEDS
 
Prom. SG. 84/4 Oct 1996 , amend. SG. 27/10 Mar 1998 , amend. SG. 81/14 Sep 1999 , amend. SG. 8
6/20 Oct 2000 , amend. SG. 18/5 Mar 2004 , amend. SG. 30/11 Apr 2006 , amend. SG. 109/20 Dec 2007 , ame
nd. SG. 36/4 Apr 2008 , amend. SG. 26/6 Apr 2010 , amend. SG. 58/18 Jul 2017 , amend. and suppl. SG. 98/1
3 Dec 2019 , amend. and suppl. SG. 92/27 Oct 2020
 
Chapter one.  
GENERAL PROVISIONS  
Scope 
Art. 1. (1) This Act settles the relations with respect to the creation, protection and use of new plant 
varieties and animal breeds.
(2) The Act shall apply with respect to:
1. created or discovered and cultivated plant varieties of each botanical variety and species, includi
ng branch, line, hybrid or pad, regardless of the method (artificial or natural) of their obtaining, called herein
after "varieties";
2. created or discovered and cultivated breed, lines and hybrids of farm animals, regardless of the m
ethod of their obtaining, called hereinafter "breeds".
 
Bodies participating in the procedure of providing legal protection  
Art. 2. (Amend. - SG 86/00; amend. - SG 36/08, amend. – SG 58/17, in force from 18.07.2017) The 
bodies who participate in the procedure of providing legal protection of new plant varieties and animal breed
s shall be the Executive Agency for Variety Testing, Approbation and Seed Control and the State Commissi
on for animal breeds at the Ministry of Agriculture, Foods and Forestry and the Patent office.
 
National regime  
Art. 3. The provisions of the Act shall also apply regarding foreign persons from states, which parti
cipate in international treaties in this sphere, party to which is the Republic of Bulgaria, countries called here
inafter "contractual states".
 
Right of authorship  
Art. 4. (1) (Suppl. – SG 26/10) Authorship of a variety or a breed shall be established with their cre
ation, discovery and cultivation. The local (autochthonous) livestock breeds and the established breeds withi
n the state according to the Annex shall be ownership of the Bulgarian state.
(2) Any person, who has created or discovered and cultivated a variety or a breed, shall be the auth
or (creator) of this variety or breed.
(3) When several persons have created or discovered and cultivated a variety or a breed jointly, the
y shall be joint authors of the variety or breed.
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.(4) The right of ownership is personal, termless and cannot be transferred.
(5) The author or the joint authors of the variety or breed shall have the right to be quoted as such i
n the application, in the certificate and in the publications regarding the variety or breed.
 
Representation  
Art. 5. (1) (Amend. - SG 86/00; amend. - SG 36/08, amend. – SG 58/17, in force from 18.07.2017, 
amend. - SG 98/19) The applicant, the holder of certificate, as well as their legal successors can act before th
e Patent office, the Executive Agency for Variety Testing, Approbation and Seed Control and the State Com
mission for the breeds, or through a representative of the intellectual property, registered in the Ministry of 
Agriculture, Foods and Forestry, by an order determined by the Minister.
(2) (Amend. - SG 86/00) Applicants with permanent residence or headquarters of the firm outside t
he country shall be obliged to act before the Patent Office, the Executive Agency for Variety Testing, Appro
bation and Seed Control and the State Commission for the animal breeds through representatives of the intel
lectual property.
 
Registry of certificates for new plant varieties and animal breeds  
Art. 5a. (New - SG 98/19) (1) The Patent Office shall maintain a Register of certificates for new var
ieties of plants and animal breeds.
(2) The register under para. 1 shall contain:
1. number and date of submission of the application;
2. number of the certificate issued;
3. TAXON code;
4. number of the Patent Office Official Bulletin and date of publication of the application;
5. number of the Patent Office Official Bulletin and date of the Certificate Issued;
6. name of the plant variety/animal breed;
7. Latin name of the plant variety/animal breed;
8. name and address of the applicant;
9. name of the author;
10. start of validity of the certificate;
11. paid annual fees for maintaining the validity of the certificate - date of payment and the subsequ
ent year to which it applies;
12. current status of the certificate;
13. the name and address of the Intellectual Property Representative when authorized.
Access to the registry  
Art. 5b. (New - SG 98/19) (1) The register under Art. 5a shall be electronic and public. It shall be p
ublished on the website of the Patent Office.
(2) The Patent Office shall collect, organize, disclose publicly and store the data subject to entry, in
cluding all personal data necessary for the purpose of maintaining the register and performing its activities u
nder this Act.
(3) Any person may request a reference or extract from the contents of the register.
File 
Art. 5c. (New - SG 98/19) (1) (Amend. - SG 92/20) The Patent Office shall maintain a paper or elec
tronic file for each new plant variety and animal breed which includes all documentation for the issuance of 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.the protection document and subsequent entries.
(2) The right of access to the file of the new plant variety and animal breed shall have the applicant, 
the holder, the industrial property representative, legal adviser from the administration of the applicant or ho
lder, as well as a lawyer authorized in writing by the applicant or holder. Access to the file is also available t
o a person who is expressly authorized by a notarized power of attorney from the applicant or holder.
(3) Right of access to the administrative file in proceedings in disputes shall have the parties involv
ed therein, industrial property representatives, legal adviser from their administration, the lawyer authorized 
in writing by the applicant, the holder or the claimant, , as well as a person expressly authorized by a notariz
ed power of attorney from them.
(4) After the publication under Art. 41, everyone shall have the right to access the application for a 
new plant variety or animal breed as submitted.
(5) Everyone shall have the right to be informed of the data contained in the file of the plant variety 
or animal breed, subject to enter.
(6) Third parties, in respect of whom circumstances admissible by law have been entered, shall hav
e the right of access only to the documentation on the basis of which the entry was made.
(7) The right of access to a file for a new plant variety or animal breed shall include the right of per
sons authorized under this Act to familiarize themselves with and to obtain copies of all material and docum
ents entered in the relevant file with the exception of internal documents within the meaning of § 1, item 1 o
f the additional provisions of the Trademarks and Geographical Indications Act .
(8) The procedure for granting access to files of the plant variety or animal breed and for obtaining 
references or extracts from register shall be determined by an instruction of the President of the Patent Offic
e.
Rules for submission of documents and correspondence  
Art. 5d. (New - SG 92/20) (1) All documents in the proceedings before the Patent Office shall be su
bmitted in Bulgarian or with a translation into Bulgarian.
(2) Correspondence in connection with proceedings before the Patent Office shall be kept at an addr
ess in the Republic of Bulgaria, at an electronic address or through the portal for electronic services of the P
atent Office, if this is possible. In case of change of the indicated address, the party to the proceedings shall 
notify the Patent Office within 7 days from the occurrence of the change.
(3) When the party to the proceedings before the Patent Office has not indicated an address in the R
epublic of Bulgaria, a notification shall be sent to the same, which shall provide it with at least 7 days from i
ts receipt for indication of an address. Where no address is indicated, the rules for notification under the Ad
ministrative Procedure Code  shall apply, unless otherwise provided in this Act.
(4) When the party, which has initiated proceedings before the Patent Office, does not eliminate the 
irregularities within the term under para. 3, the proceedings shall be terminated.
(5) Verification of compliance with the requirements under para. 2 in the proceedings on applicatio
ns for issuance of a certificate for new varieties of plants or breeds of animals shall be carried out by the ord
er of Art. 35.
Transfer of rights  
Art. 6. (1) All rights, settled by this Act, inasmuch as it is not provided otherwise, can be transferre
d.
(2) The transfer of rights under para 1 shall be registered in the Patent Office and shall be published 
in the official bulletin of the body.
 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.Chapter two.  
LEGAL PROTECTION OF THE VARIETIES  
Section I.  
Conditions for providing legal protection  
Requirements (criteria)  
Art. 7. (1) Legal protection of a variety shall be provided, if it is:
1. new;
2. discernible;
3. homogeneous;
4. stable.
(2) The variety must have a variety name, which to relate to its generic indication, according to Art
. 12.
 
Novelty 
Art. 8. (1) The variety shall be considered new when, at the day of presentation of the application fo
r certificate, it or a generative material, or a crop of it, have not been offered for sale, sold, subjected to other 
kind of trade or offered with the consent of the selectionist:
1. on the territory of the country, for no longer than one year;
2. on the territory of any other country, for no longer than:
a) six years, when it regards trees and vine;
b) four years, when it regards any other vegetal kind.
(2) No variety testing shall affect the novelty of the variety and it cannot be used to the detriment of 
the right of the selectionist.
 
Discernibility  
Art. 9. (1) The variety shall be considered discernible if it is clearly distinguishable from any other 
variety, which is commonly known by the day of presentation of the application at the Patent Office.
(2) Another variety shall be considered commonly known if, by the day of presentation of the appli
cation, it has been materialised through cultivation, it is a subject of marketing, trade or other type of realisat
ion or subject to the right of the selectionist, it has been entered in the registers of the varieties, it has been in
cluded in reference collection, its exact description has been presented for publication or it has become kno
wn in any other way.
(3) Application for granting right to the selectionist or for entering another variety in an official regi
ster of the varieties in any country shall be considered as attaching common knowledge for this variety from 
the date of presentation of the application, on condition that the application has lead to granting right to the s
electionist or to entering the variety in the official register of the varieties.
(4) The indications, allowing the determination of the characteristics and the distinctive features of 
the variety, must be precise for the purposes of description.
 
Homogeneity  
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.Art. 10. (1) The variety shall be considered homogeneous if, regardless of the presence of small dev
iations, the plants are identical in their essential qualities, including regarding the particularities of their sexu
al or vegetal reproduction.
(2) (Amend. - SG 86/00) The deviations from each kind shall be determined by methodology, adopt
ed by the Executive Agency for Variety Testing, Approbation and Seed Control.
 
Stability 
Art. 11. The variety shall be considered stable if it remains unchanged regarding its essential qualiti
es after repeated reproduction, or if the selectionist has determined for the created variety a particular cycle 
of reproduction, whereas at the end of each cycle the variety has retained the compliance with its description
.
 
Name 
Art. 12. (1) Each new variety shall be given name, related to its origin or kind, serving the purposes 
of its identification. The name can consist of one or two words or a combination of words, letters and a figur
e, not larger than four digits.
(2) The name of the variety shall meet the following requirements:
1. to differ from any other name, used in the country, for this kind or kinds similar to it, or from a n
ame of an existing variety in any contractual state, including after the expiration of the term of the certificate
;
2. not to enable misleading or obscurity regarding the qualities, the essence or the identity of the va
riety or the personality of the selectionist;
3. not to violate rights, acquired earlier by third persons, who have acquired the right for such name
, if according to item 4 the selectionist can be given the right for the same name. In this case the Patent Offic
e shall require from the selectionist to propose another variety name;
4. every person, offering in any contractual country, for sale and trade, reproduction material from 
protected variety or a variety in the process of expertise, shall be obliged to use the variety name even upon 
discontinuation of the protection of this variety, inasmuch as it does not contradict previously acquired right
s of this use, according to item 3.
(3) (Amend. - SG 81/99) When a variety is offered for sale or commercial use, to the registered vari
ety name of the protected variety can be added mark, geographic name or other indication. Upon adding suc
h indication the variety name should be easily and clearly distinguishable.
 
Section II.  
Protective document  
Certificate  
Art. 13. (1) The legal protection of a variety shall be provided by a certificate.
(2) The certificate shall prove the presence of a registered vegetal variety, the priority, the right of a
uthorship and the exclusive right of its owner over the variety.
(3) The certificate shall be issued by the Patent Office upon expert inspection of the variety - subjec
t of the application.
(4) The certificate shall be in effect from the date of its issuance:
1. thirty years for trees and vines;
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.2. twenty five years for all other varieties.
 
Right of applying  
Art. 14. (1) The right of applying belongs to the author or his legal successor.
(2) It shall be considered that the applicant has a right of applying, unless established otherwise by 
a court order.
(3) If several authors have created or discovered and cultivated a variety, the right of applying shall 
belong jointly to them. The refusal of one or several of hem to participate in applying or in the procedure of 
the issuance of the certificate, it shall not be an obstacle for the others to carry out the activities, stipulated b
y the law, or to exercise their rights.
(4) The right of applying for a variety, created under the conditions of Art. 16, shall belong to the e
mployer, if he applies within three months from receipt of a written notification by the author about the creat
ion of the variety. Otherwise, the right of applying shall be passed over to the author.
(5) When a variety is created on the grounds of a contract, the right of applying shall belong to the a
ssigning party, unless the contract stipulates otherwise. If the assigning party does not exercise this right wit
hin the period under para 4, the right of applying shall be passed over to the author of the variety.
(6) (Amend. - SG 86/00) Employees of the Patent Office and of the Executive Agency for Variety 
Testing, Approbation and Seed Control shall not have the right to apply for a variety or to be presented as joi
nt authors, while they are employed by these state bodies, as well as up to three years from discontinuation o
f the legal terms of employment, with the exception of the cases when the variety is a result of natural mutati
on, established during the essential expertise, according to Art. 38, para 1 and 2 .
 
Right to certificate  
Art. 15. (1) The right to certificate shall belong to the person who has the right of applying accordin
g to Art. 14.
(2) When several person have created a variety, independently from each other, the right to certifica
te shall belong to the person who has applied first for this variety at the Patent Office.
(3) (New – SG 26/10, amend. – SG 58/17, in force from 18.07.2017) The right to certificate for the 
animal breeds according to Annex to Art. 4. para 1 shall belong to the Bulgarian state. Owner of the certifica
tes for the respective animal breeds shall be the Ministry of Agriculture, Foods and Forestry.
 
Variety created ex-officio  
Art. 16. (1) A variety created ex-officio shall be a variety created or discovered and cultivated in ful
filment of obligations ensuing from legal terms of employment or other legal terms of the author of the varie
ty, except in the cases, when a contract stipulates otherwise.
(2) The variety shall be considered created ex-officio according to para 1, when during its creation t
he author:
1. has been performing his official duties, inherent to his occupation;
2. has been performing duties, besides the ones under item 1, but they have been specifically assign
ed to him, and by this act the selection of a new variety has been expected;
3. has used material or financial resources, provided by the employer or the assigning party.
(3) When the variety has been created ex-officio only regarding one or several of the authors, respe
ctively the executors, the provisions of para 1 and 2 and of Art. 14 shall only apply regarding these authors, 
their employers or assigning parties.
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.(4) The author shall be obliged, within three months from the creation of the variety, to inform the e
mployers, respectively the assigning party, about that in writing.
(5) The person, who has created the variety ex-officio, shall have the right of authorship according t
o Art.4, para 2, 3 and 4  and the right of fair remuneration, but not less than 4 percent, if such remuneration 
has not been stipulated by the respective contract. In determining the remuneration the main considerations s
hall be:
1. the profit, determined by all types of realisation of the variety for the time of validity of the certif
icate;
2. the worth of the variety;
3. the contribution of the employer and/or the assigning party, expressed in invested resources for t
he creation of the variety, the submitted materials, equipment, knowledge, experience, personnel and other a
ssistance;
4. the conditions under which the author of the variety is hired.
(6) When the interests of the employer require applying for the variety after the three-month period 
under Art.14, para 4  the author shall be entitled to a fair remuneration for the time of postponement of appl
ying and all rights, ensuing from the postponed issuance of certificate for this variety. These relations betwe
en the employer and the author shall be settled by a contract before the expiration of the three-month period.
(7) When the application for certificate for a variety has been presented by the author, within three 
years from discontinuation of the employment contract or of other legal relations under para 1, the employer
, respectively the assigning party, can claim the right to receive the certificate, except in case when he has be
en informed by the author about the created variety and he has not exercised the right under Art. 14, para 4 . 
This right can be exercised within one year from the publication of the application under Art. 36.
(8) The remuneration of the author shall be due by the employer and, when he is not the holder of t
he certificate - by the holder of the certificate.
(9) When the remuneration under para 5, 6 and 8, regardless of whether it is stipulated by the contra
ct or has been determined according to the stipulated rules, is unfair, considering the actual profit and worth 
of the variety, it can be increased at the request of the author. In case of refusal on part of the employer the d
ispute shall be settled by court order.
(10) When the variety is created abroad the rights of the author, if any, shall be settled according to 
the norms, settling the relations with the employer.
 
Temporary protection  
Art. 17. (1) For the period from the publication of the application by the Patent Office for issuance 
of certificate for a variety, until its issuance, the applicant shall be provided with temporary protection again
st illegal activities of other persons.
(2) The range of the temporary protection shall be determined by the description and the form, inas
much as the issued certificate does not expand it.
(3) The applicant shall have the right to fair remuneration, obtained from the person who, during th
e period under para 1 has carried out activities for which, upon the issuance of the certificate, the consent of 
the holder of the certificate shall be required, according to Art. 18.
 
Section III.  
Rights of the selectionist  
Range of the exclusive right of the holder of certificate  
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.Art. 18. (1) The exclusive right of the holder of certificate regarding reproductive or vegetative repr
oduction material from a variety, protected by a certificate, shall comprise the right of use, disposal of the ce
rtificate and the right of prohibiting other persons to use it without his consent. The right of use shall include 
the following:
1. production or reproduction;
2. preparation for the purposes of reproduction;
3. offering for sale;
4. sale or other type of trade;
5. export;
6. import;
7. storing for some of the purposes under item 1 - 6.
(2) The activities of third persons, according to para 1, item 1 - 7, carried out regarding the reprodu
ctive or vegetative material of a variety protected by a certificate, shall require a permit by the holder of the 
certificate. He can give his consent depending on the conditions and restrictions under Art. 19, 20 and 21.
(3) The provisions of para 2 shall apply regarding the crop from unauthorised use of reproductive o
r vegetative reproducing material from the protected variety also in cases when the holder of certificate has n
ot had a justified ability to exercise his rights regarding the same reproductive or vegetative reproducing mat
erial from the variety.
(4) The provisions of para 2 shall apply in separate cases regarding the products, directly obtained f
rom the material of the protected variety, according to ordinances or instructions under § 9. They can be app
lied only if these products have been obtained by unauthorised use of the protected variety and if the holder 
of certificate has been justifiably unable to exercise his right regarding this material. In the context of para 2 
"material" are directly obtained products.
(5) The provisions of Para. 1 - 4 shall apply regarding:
1. varieties which, in essence, have been obtained from the variety, for which a certificate is issued, 
and when this variety, in its essence, is not an obtained variety;
2. varieties, which are indistinguishable, according to the provisions of Art. 9 of the protected varie
ty;
3. varieties, whose production require repeated use of the protected variety.
(6) For the purposes under para 5, item 1, the variety shall be considered a derivative, in essence, of 
another variety, called hereinafter "initial variety" when:
1. it originates mainly from the initial variety or from a variety which in itself is a derivative, in ess
ence, of the initial variety;
2. it is clearly distinguishable from the initial variety according to the provisions of Art. 9;
3. regardless of the differences, it corresponds to the initial variety in its substantial characteristics, 
which are result from a genotype or a combination of genotypes of the initial variety.
(7) The ordinances and instructions under § 9 can determine possible activities for obtaining derivat
ive varieties at least under the conditions of para 6.
 
Restrictions of the rights of the selectionist  
Art. 19. (1) Regardless of the provisions of Art. 18, para 1 , for the purposes of promotion of the ag
ricultural production, the farmers shall have the right to use, for their own needs, with the purpose of reprod
uction in their own farms, product of a crop, which they have obtained by planting in their own farm, reprod
uctive material from a variety, different from the hybrid or artificially obtained variety, protected by a certifi
cate.
(2) (Amend. - SG 86/00; amend. - SG 36/08, amend. – SG 58/17, in force from 18.07.2017) The pr
ovisions of para 1 shall only apply for vegetal kinds, according to a list, approved by the Minister of Agricul
ture, Foods and Forestry.
Източник: Правно-информационни системи "Сиела" 12.07.2022 г. 
Exceptions from the right of the selectionist  
Art. 20. The right of the selectionist shall not cover:
1. activities, carried out by farmers for their own needs, without commercial purpose;
2. activities carried out for experimental purposes;
3. activities carried out with the purpose of creating other varieties, except when the provisions of 
Art. 18, para 3  and the activities under item 2 apply.
 
Using up the right of the selectionist  
Art. 21. The right of the selectionist shall not cover activities regarding the material from the protec
ted variety or over a material produced from it, or over some of the varieties under Art. 18, para 5 , which h
ave been sold or offered on the market in any other way by the holder of the certificate, or by his consent - o
n the territory of the country, unless these activities include:
1. further reproduction of the variety;
2. export of material from the variety, allowing its reproduction in a country, which does not protec
t vegetal varieties of the origin or the kind to which the variety belongs, unless the exported material has bee
n designated for end use.
 
Contractual licence  
Art. 22. (1) The applied or protected by certificate variety can be subject to a licence contract.
(2) Through the licence contract can be granted exclusive, non-exclusive, full or limited licence.
(3) The licence contracts shall be entered in the register of the Patent Office and shall be valid from 
the date of their registration. Publication in the official bulletin shall be made for them.
 
Compulsory licence  
Art. 23. (1) (Amend. - SG 86/00; amend. - SG 36/08, amend. – SG 58/17, in force from 18.07.2017
) The Ministry of Agriculture, Foods and Forestry can order a compulsory licence for a protected variety, in 
favour of any interested person at his request, when at least one of the following conditions is present:
1. the variety has not been used for a duration of five years from applying for certificate or three ye
ars from the issuance of the certificate and if the public interest requires the issuance of compulsory licence, 
applying the term, which expires later;
2. the variety has not been used to a degree, enough to meet the national needs or public needs, with
in the periods under item 1, except when the holder of certificate proves that he has not been in position to d
o that;
3. national state of emergency has been declared, for its duration, and the variety contributes to over
coming this state.
(2) The applicant under para 1 must prove that he is in position to use the variety within the frames 
of the requested compulsory licence.
(3) The compulsory licence can only be non-exclusive and non-transferrable.
(4) The compulsory licence can be discontinued if its holder, within one year from issuance of the li
cence, has not started the preparations for using the variety. In all cases the compulsory licence shall be disc
ontinued if, within two years from its issuance, the holder has not started using the variety.
(5) The holder of the certificate can request revoking or change of the conditions for granting comp
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.ulsory licence under para 1, upon expiration of one year, should the circumstances, at the time of taking the 
decision for compulsory licence, have changed in the meantime.
(6) For granted compulsory licence the selectionist shall receive fair compensation by the user. If a
n agreement is not present, the compensation shall be determined by court order.
(7) Compulsory licence shall not be issued in favour of an offender of the certificate.
 
Official certificate  
Art. 24. (1) (Amend. - SG 86/00; amend. - SG 36/08, amend. – SG 58/17, in force from 18.07.2017
) The Ministry of Agriculture, Foods and Forestry can order, only in exceptional cases, for the needs of the d
efence and the security of the country, official licence for the use of a variety - subject of application or of is
sued certificate.
(2) (Amend. and suppl. - SG 109/07, in force from 01.01.2008) The official licence shall be issued 
at the request by the Ministry of Defence, the Ministry of the Interior or the State Agency "National Security
". The order shall determine all conditions of the official licence, as well as the conditions, regarding the fair 
compensation, related to the use of the variety.
(3) If there is no agreement regarding the fair compensation, which should be paid to the selectionis
t, it shall be determined by court order.
 
Special regime  
Art. 25. (1) (Amend.- SG 86/00; amend. - SG 36/08, amend. – SG 58/17, in force from 18.07.2017) 
The Minister of Agriculture, Foods and Forestry shall approve, only in exceptional cases, a list of a limited n
umber of varieties, subject to applications for certificate and which cannot be circulated and used freely with
out special permit, if they are of interest to the defence and the security or to the public health care.
(2) The selectionist shall have a right to fair compensation. If there is no agreement the compensati
on shall be determined by court order.
 
Legal protection abroad  
Art. 26. (1) Bulgarian physical persons and corporate bodies shall have the right to chose any other 
contractual state under Art. 3, where they wish to apply for legal protection of the variety.
(2) The applicant can apply for legal protection in any other country, upon applying under para 1, w
ithout waiting for the issuance of a protective document by the country under para 1.
(3) The applicant under para 1 and 2 cannot seek legal protection abroad without a special permit, if 
his variety is included in the list under Art. 25, para 1 .
 
Discontinuation of the effect of the certificate  
Art. 27. (1) The effect of the certificate shall be discontinued:
1. due to expiration of the period for which it has been issued;
2. due to a refusal, in a written form, of its holder, considered from the date of presentation in the P
atent Office. The refusal by one of the co-owners of the certificate shall not discontinue its effect regarding t
he rest of them;
3. in the cases when the holder:
a) (amend. - SG 86/00) is not in position to present within a period of one year, for the annual kinds
, and two years for the perennial kinds, upon request of the Executive Agency for Variety Testing, Approbat
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.ion and Seed Control, authentic planting material, which allows the reproduction of the created variety, with 
its morphological and biological qualities, such as they have been determined at the time of issuance of the c
ertificate, about which the Patent Office shall be informed;
b) does not present to the competent bodies, within the prescribed period, reproduction material, do
cuments or instruction, considered necessary for the exercising control over the new variety, or does not allo
w to the Institute for introduction and vegetal resources to take a sample for preservation of the variety;
4. when the due annual tax under Art. 42, para 2 and 3  for maintaining the certificate is not paid.
(2) The certificate, with discontinued effect, due to failure to pay the annual tax, can be restored wit
hin six months from the last day of the month, when the certificate has been issued, if the overdue tax is paid 
in double at the Patent Office.
 
Violation of the rights of the holder of certificate  
Art. 28. (1) Any use of the variety, entering the range of protection by a certificate, according to Ar
t. 18, and which has been done without the consent of its owner, shall be considered violation of the certifica
te.
(2) A person, who carries out the activities under para 1, with a variety, protected by a certificate, b
ut produced by other persons, in violation of the certificate, shall be liable for violation only if he has acted 
with premeditation.
(3) The holder of certificate for a variety and the licensee of explicit licence can deposit a claim for 
violation of their rights, unless agreed upon otherwise.
(4) The licensee under Art. 22, of a compulsory licence under Art. 23 and of licence under Art. 24 c
an present a claim for violated rights, ensuing from the certificate, if the holder of the certificate does not ex
ercise, on his own, his right to claim, within six months from receipt of a written invitation by the licensee.
(5) Every licensee can participate in a case for violated rights, ensuing from the certificate, when th
e claim is made by the holder of the certificate. The same regards the holder of a certificate, when the claim 
has been made by the licensee, according to para 3 and 4.
(6) The claim for violation of rights over the variety can also be made by the applicant before the is
suance of the certificate, after the publication about the application by the Patent Office.
 
Claims for violation of rights, ensuing from a certificate  
Art. 29. (1) The claims for violation of rights, ensuing from a certificate, can be:
1. claim, establishing the fact of violation;
2. claim for compensation for suffered losses and for missed profit;
3. claim for discontinuing the activities of the offender, violating the rights of the holder of the certi
ficate.
(2) If the claim under para 1 is granted, the court can order re-processing or destruction of the subje
ct of the violation, and in case of premeditation - of the means of the violation.
 
Provision of evidence  
Art. 30. The type of evidence, the order of its collection and compensation, under Art. 29, shall be 
carried out according to the Civil procedural code.
 
Nullity of certificate  
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.Art. 31. (1) The issued certificate shall be void when it is established that:
1. the conditions, determined by Art. 8 and 9 have not been met in issuing the certificate;
2. the right of the selectionist has been granted to a person, who has no right to hold it, unless it is tr
ansferred to an authorised person.
(2) On the grounds of enacted decision under para 1, item 2, the Patent Office, without discontinuin
g the effect of the certificate, declared void, shall issue a new certificate to the person determined by the deci
sion, at his request.
(3) The declaring of the nullity of the certificate shall not affect:
1. enacted decisions for violation of the certificate;
2. licence contracts, concluded and fulfilled before declaring the nullity of the certificate, unless agr
eed upon otherwise.
 
Section IV.  
Expertise of varieties  
Applying for certificate  
Art. 32. (1) The application for certificate for a variety shall be presented at the Patent Office and s
hall be entered in the ledger for the applications for the varieties.
(2) As date of presentation of the application shall be considered the date of receipt in the Patent Of
fice of the following documents:
1. application for issuance of certificate for variety, with identification data for the applicant and the 
author of the variety;
2. description of the variety;
3. proposal for the name of the variety;
4. filled out technical questionnaire for the kind;
5. paid taxes for applying and for publication about the application.
(3) The application for certificate shall regard only one variety.
(4) The documents under para 2 shall be presented in Bulgarian language. The name of the variety, 
the technical questionnaire and the description, accompanied by illustrations, shall be presented in triplicate. 
The name of the applicant and of the author, as well as the name of the variety shall also be filled out in Ro
man.
(5) If the applicant presents application through a representative of the intellectual property, it shall 
also be accompanied by a letter of authority.
 
Withdrawal of the application  
Art. 33. The application for certificate for a variety can be withdrawn by a written declaration of the 
applicant, if a certificate has not already been issued. With the withdrawal of the application the applicant sh
all loose the right of priority under Art. 34.
 
Right of priority  
Art. 34. (1) The applicant, who has applied for certificate under Art. 32, shall use the right of priori
ty from the date of applying.
(2) If the applicant has presented earlier applications for protection of one and the same variety, in c
ontractual states, prior to applying at the Patent Office, he can claim conventional priority for a period of tw
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.elve months, considered from the date of the first applying.
(3) The right of priority under para 2 shall be acknowledged if the applicant has presented a declara
tion for claimed priority at the time of applying at the Patent Office and has paid the respective tax. The righ
t of priority shall be proven within three months from applying at the Patent Office, by copies of the docume
nts, composing the first application, as well as samples or other evidence. The copies must be certified by th
e administrative body, where the first application has been presented. Missing the deadline and failure to pay 
the tax for the claimed priority shall lead to its loosing.
(4) The applicant under para 3 shall be given the chance, for the duration of two years upon expirati
on of the term of priority, or if the first application has been withdrawn or rejected, to present for expertise a
dditional information, documentation or material.
 
Advance expertise  
Art. 35. (1) For an application for certificate, registered by the Patent Office, within one month upo
n its presentation, advance expertise shall be held, checking up:
1. the formal regularity of the application and of the documents attached to it, according to Art. 32;
2. the contents of the attached documents;
3. the correspondence of the name of the variety to the requirements of Art. 12. By the consent of t
he Patent Office the applicant can indicate a temporary proposal for the name, instead of the name of the var
iety for the needs of the expertise.
(2) The Patent Office shall inform the applicant about the established defects, and shall determine a 
period of three months for their elimination. Should the applicant fail to comply with this period, the applica
tion shall be considered abandoned and the expertise for it shall be discontinued. In this case the applicant sh
all loose the right of priority under Art. 34, para 1 .
 
Publication for the application  
Art. 36. (1) The Patent Office shall make publication about the application in the official bulletin, i
mmediately upon expiration of the fourth month, but not later than the sixth month from the date of presenta
tion of the application.
(2) No access shall be permitted within the Patent Office to materials of applications for certificate 
before the publication about it, except when there is a written permission by the applicant.
(3) (Amend. - SG 86/00; amend. - SG 36/08, amend. – SG 58/17, in force from 18.07.2017) The ac
cess to materials of applications under para 2 shall be admissible for the Ministry of Agriculture, Foods and 
Forestry, pursuant to Art. 23, 24 and 25 and for the Ministry of Defence or the Ministry of the Interior, accor
ding to Art. 24 and 25.
 
Submitting applications for actual expertise  
Art. 37. (Amend. - SG 86/00) Within one month from the advance expertise of the application the P
atent Office shall present it to the Executive Agency for Variety Testing, Approbation and Seed Control for 
actual expertise, informing the applicant about due payment of the respective taxes to the Executive Agency 
for Variety Testing, Approbation and Seed Control.
 
Actual expertise  
Art. 38. (1) (Amend. - SG 86/00) For each application for certificate the Executive Agency for Vari
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.ety Testing, Approbation and Seed Control shall carry out expertise within two to four years, in order to esta
blish whether the variety of the plant corresponds to the requirements of Art. 7. If necessary, at the proposal 
of the applicant, this period can be extended.
(2) (Amend. - SG 86/00) For the purposes of the expertise the Executive Agency for Variety Testin
g, Approbation and Seed Control shall test the variety in their other testing stations, specialised institutes, la
boratories and offices and shall describe and prove the qualities, which allow the definition and distinguishin
g of the new variety.
(3) (New - SG 27/98; amend. - SG 36/08, amend. – SG 58/17, in force from 18.07.2017) The Minis
try of Agriculture, Foods and Forestry shall issue a licence to the persons who will carry out plant variety tes
ting. The conditions and order of issuing a licence shall be determined by an ordinance of the minister for ag
riculture, forests and food supply.
(4) (Prev. Para. 3 - SG 27/98, amend. SG 86/00) The applicant shall submit, free of charge, the plan
ting and sowing material, necessary for the test of the variety, as well as any other additional information an
d documentation, stipulated by the Regulations for the work of the Executive Agency for Variety Testing, A
pprobation and Seed Control.
(5) (Prev. Para. 4 - SG 27/98) If, in the process of the expertise, it is established that the name, anno
unced to the Patent Office does not correspond to the requirements of Art. 12, para 1 and 2 , the applicant s
hall be given two months to propose a new name. If the deadline is not met the application shall be consider
ed abandoned and the procedures on it shall be closed.
(6) (Prev. para 5 - SG 27/98) The expertise of the name should establish whether the announced na
me of the tested variety is the same as the name of the application for the same variety in contractual countri
es.
(7) (Prev. para 6 - SG 27/98, amend. - SG 86/00)If the Executive Agency for Variety Testing, Appr
obation and Seed Control decides that the variety does not meet the requirements of Art. 7, they shall infor
m, in writing, the applicant, expressing their motives and submitting three months for reply. If the applicant 
does not reply within this period or ungroundedly supports his application, the Executive Agency for Variet
y Testing, Approbation and Seed Control shall refuse a conclusion for acknowledging the variety, by sendin
g a report to the Patent Office.
(8) (Prev. para 7 - SG 27/98, amend. - SG 86/00) The Executive Agency for Variety Testing, Appro
bation and Seed Control shall take a decision for acknowledging the variety when, as a result from the essent
ial expertise, it is established that the announced variety meets the requirements of Art. 7 and shall prepare a 
report to the Patent Office within one month.
(9) (Prev. para 8 - SG 27/98, revoked – SG 86/00)
(10) (Prev. para 9 - SG 27/98, revoked – SG 86/00)
(11) (Prev. para 10 - SG 27/98, amend. - SG 86/00)The Executive Agency for Variety Testing, App
robation and Seed Control shall send, within the period under para 8, to the Patent Office, its report, the desc
ription, the paper and a copy of the decision for acknowledging the variety. The Executive Agency for Varie
ty Testing, Approbation and Seed Control can correct or supplement the description at any time, in complian
ce with the development of the agronomic science. These corrections and supplements shall not affect the ra
nge of the protection.
(12) (Prev., para 11 - SG 27/98, amend. - SG 86/00) The Executive Agency for Variety Testing, Ap
probation and Seed Control can use results from earlier expertise for the same variety, carried out by compet
ent bodies in the country or abroad.
(13) (Prev., para 12 - SG 27/98, amend. - SG 86/00) The Executive Agency for Variety Testing, Ap
probation and Seed Control can conclude agreements with competent bodies of the contractual states for carr
ying out expertise for foreign plant varieties in the country, as well as to assign the use of the results from su
ch expertise by the competent bodies of contractual states.
(14) (Prev., para 13 - SG 27/98, amend. - SG 86/00) All activities on the protection after the essenti
al expertise shall be carried out by the Patent Office, on the grounds of the decisions and reports of the Exec
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.utive Agency for Variety Testing, Approbation and Seed Control.
 
Extension of terms  
Art. 39. At the request of the applicant, presented before the expiration of the terms under Art. 35, 
para 2, Art. 38, para 4 and 6 , these terms can be extended by three months, but no more than twice. For th
e request for extension of the terms the applicant shall pay taxes.
 
Issuance of certificate  
Art. 40. The Patent Office shall issue a certificate on the grounds of the decision for acknowledgem
ent of the variety and if, within three months from the announcement to the applicant about the decision, tax
es for issuance and publication about the certificate are paid.
 
Publication about issued certificate  
Art. 41. (1) About issued certificate for variety shall be made publication in the official bulletin of t
he Patent Office.
(2) The official bulletin shall publish all changes in the legal status of the application and the certifi
cate.
(3) The issued certificate shall be entered in the register for the certificates for varieties of the Paten
t Office.
 
Fees 
Art. 42. (1) (Amend. - SG 86/00) For all activities under this Act, before the Patent Office, the Exec
utive Agency for Variety Testing, Approbation and Seed Control and the State Commission for animal bree
ds, shall be paid fees, according to a tariff, approved by the Council of Ministers.
(2) To maintain the effect of the certificate shall be owed an annual fee.
(3) The annual fee for the first and for every consecutive year shall be due by the last day of the mo
nth of issuance of the certificate.
(4) The raised funds under para 1, 2 and 3 shall be used for financial support of the said administrat
ive bodies.
 
Chapter three.  
LEGAL PROTECTION OF ANIMAL BREEDS  
Expertise of animal breeds  
Art. 43. (1) The application for certificate for animal breeds shall be presented at the Patent Office a
nd shall be entered in the ledger for the applications for animal breeds, upon which expertise shall be carried 
out by the State Commission for animal breeds, in compliance with the Regulations for the work of the com
mission.
(2) By the essential expertise of animal breeds the State Commission shall study and analyse the fol
lowing special requirements:
1. breeding purposes;
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.2. brief characteristics of the original breeds;
3. description of the methods of creating the breed;
4. productive qualities and morphological particularities of the breed;
5. adaptive abilities and resistance to disease;
6. number, tribal and genealogical structure;
7. region of propagation.
(3) (New - SG 18/04) Expertise in essence of breeds, lines and hybrids of the silk butterfly shall be 
carried out by the Executive Agency for Variety Testing, Approbation and Seed Control. The expertise shall 
be carried out through testing for importance, homogeneity and stability and for economic biological qualitie
s.
(4) (Prev. para 3 – SG 18/04) The material expertise of foreign breeds shall be carried out on their o
ffspring born in our country.
(5) (Prev. para 4, suppl. - SG 18/04) The State Commission for animal breeds, and in the cases of p
ara 3 – the Executive Agency for Variety Testing, Approbation and Seed Control, upon taking decision for a
cknowledging the breed, shall send, within one month, to the Patent Office, its report, the description, the pa
per and copy of the decision for acknowledgement of the breed, informing the selectionist to pay the respecti
ve taxes to the Patent Office.
 
Legal protection  
Art. 44. The legal protection of animal breeds shall be provided by a certificate, with validity of thir
ty years from the date of issuance of the certificate.
 
Provisions for the animal breeds  
Art. 45. (1) The regime for the plant varieties shall also apply for animal breeds, inasmuch as this c
hapter provides otherwise.
(2) The provisions of Chapter Four and Five shall also apply regarding the animal breeds, complyin
g with the specifics, stipulated by this chapter.
 
Chapter four.  
DISPUTES  
Types 
Art. 46. The disputes, related to the creation, protection and rights, ensuing from the certificate, sha
ll be settled by administrative and court order.
Disputes, settled by administrative order
 
Disputes, settled by administrative order  
Art. 47. (1) By administrative order shall be settled:
1. claims against decisions for discontinuation of the procedures on application for issuance of certi
ficate under Art. 35;
2. claims against the decision for refusal to issue a certificate;
3. claims against the decision for discontinuation of the procedures under Art. 38, para 4  regarding 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.the correspondence of the name of the variety to the requirements of Art. 12;
4. requests for declaring nullity of issued certificate under Art. 31;
5. claims against refusal to restore the effect of the certificate under Art. 27, para 2 ;
6. claims against the decisions for granting or refusal to grant compulsory licence.
(2) (Amend. - SG 86/00; amend. - SG 36/08, amend. – SG 58/17, in force from 18.07.2017) The cla
ims and the requests under para 1 shall be considered by specialised bodies, appointed by the chairman of th
e Patent Office, including a state expert and a lawyer from the Patent Office and an expert from the Ministry 
of Agriculture, Foods and Forestry. The bodies under para 1, item 6 shall be appointed by the Minister of Ag
riculture, Foods and Forestry.
(3) (Amend. - SG 86/00) At the requests under para 1, item 4 can be opened proceedings ex-officio 
by the Patent Office and the Executive Agency for Variety Testing, Approbation and Seed Control.
(4) The proceedings under para 1 and 2 shall be opened upon payment of a tax, except in case of pr
ocedures ex-officio.
(5) The bodies under para 2 shall take decisions, respectively within three months on the claims un
der para 1, item 1, 2, 3, 5 and 6 and within six months - on the requests under para 1, item 4.
 
Terms for appeal  
Art. 48. (1) The claims under Art. 47, para 1, item 1, 2, 3, 5 and 6  shall be presented within three 
months from receipt of the decision.
(2) The requests under Art. 47, para 1, item 4  shall be admissible for the whole duration of the eff
ect of the certificate.
 
Restoration of terms  
Art. 49. The terms, missed due to particular unforeseen circumstances, can be restored at the reques
t of the applicant. The application shall be presented within three months from dropping the reason for missi
ng the term, but not later than one year from expiration of the missed term. The decision for restoration of th
e term shall be taken by the chairman of the Patent Office.
 
Court control  
Art. 50. (Amend. - SG 86/00; amend. - SG 30/06, in force from 12.07.2006, and for the replacemen
t of the words "Sofia city court" by "Administrative court – city of Sofia", in force from 01.03.2007 ; amend. 
- SG 36/08, amend. – SG 58/17, in force from 18.07.2017) The decisions of the bodies of the Patent Office o
r of the Ministry of Agriculture, Foods and Forestry shall be subject to appeal before Administrative court – 
Sofia city by the order of the Administrative-Procedure Code.
 
Legal disputes  
Art. 51. (1) (Amend. - SG 30/06, in force from 12.07.2006) The Administrative court – city of Sofi
a shall consider:
1. disputes on authorship;
2. disputes on the right of applying and the right to certificate for variety;
3. disputes on violation of the rights of the applicant and the exclusive rights of the holder of certifi
cate. If the claim is presented by the applicant prior to the issuance of the certificate, the proceedings shall b
e discontinued until the publication of the certificate by the Patent Office;
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.4. disputes on conclusion, fulfilment and discontinuation of licence contracts;
5. disputes regarding the official nature of the variety, in the context of Art. 16 and the amount of t
he remuneration of the author of variety selected ex-officio;
6. disputes on the amount of the remuneration, due to the holder of the certificate under Art. 23, 24 
and 25.
(2) The claims under para 1, item 5 shall be presented within one year upon issuance of the certifica
te.
 
Chapter five.  
ADMINISTRATIVE-PENAL PROVISION  
Sanction 
Art. 52. (1) Every person who, without the permit of the holder of certificate, carries out some of th
e activities under Art. 18, shall be fined with BGN 100 to 1 000, and in case of repeated violation, the fine s
hall be from BGN 1 000 to 10 000. The reproduction material in both cases shall be confiscated.
(2) (Amend. - SG 86/00; amend. - SG 36/08, amend. – SG 58/17, in force from 18.07.2017) The vi
olation shall be established by an act, issued by an official, appointed by the Minister of Agriculture, Foods 
and Forestry. The administrative penalty shall not exclude criminal liability and other sanctions, according t
o the laws of the country.
(3) The issuance of the act, the issuance, appeal and fulfilment of the penalty decree shall be carried 
out by the order of the Administrative Violations and Penalties Act .
 
Additional provisions  
 
§ 1. In the context of this Act:
1. "Variety" is a vegetal combination of an individual botanical tax on of the lowest known degree 
which, regardless of whether completely meets the requirements for granting the right to the selectionist:
a) can be defined by expressing the qualities characterising a genotype or a definite combination of 
genotypes;
b) can be distinguished from any other vegetal combination at least by expressing one of the qualiti
es;
c) is considered as a unit regarding its fitness to reproduce in unchanged kind.
2. "Reproductive material" is a whole plant, seeds, sowing material, as well as parts of this plant, in
asmuch as they contain at least one cell and are used for reproduction of a whole plant, regardless of the met
hod of its obtaining - artificial or natural.
3. "Breed" is a group of similar, in biological qualities and morphological signs, animals of commo
n origin and of one kind, claiming similar requirements for the natural and production conditions.
4. "Selectionist" is the person:
a) who has created or discovered and cultivated the variety or the breed;
b) employer of the person under letter "a", on the grounds of a contract between them;
c) legal successor of the persons under letters "a" and "b".
5. "Economic qualities of the variety" are qualities that determine the suitability of the variety for u
se as an object for reproduction and as a material for the production of plant products with a specific purpose 
and quality.
6. (repealed - SG 86/2000)
Източник: Правно-информационни системи "Сиела" 12.07.2022 г. 
Transitional and concluding provisions  
 
§ 2. The requests for author certificates for plant varieties and animal breeds for which, until the ent
ry into force of the Act, no protective certificate or a final decision for refusal have been issued, can be trans
formed into applications for certificate. The transformation shall be made upon presentation of application at 
the Patent Office, by the persons and within the period under §3, para 2  and by the order of Art. 14.
 
§ 3. (1) The author certificates for plant varieties and animal breeds, issued by the enactment of this 
Act and which, according to §2, para 2 of the Act on patents, have been excluded from transformation, by th
e force of Art. 7 of the Act on patents, can be transformed into certificates upon presentation of application a
t the Patent Office.
(2) The applications shall be presented within six months from the entry into force of the Act, and t
he Patent Office shall issue a certificate to one of the applicants, complying with the following order of right 
holders:
1. to the author, when the variety or the breed have been created independently;
2. to the following persons, when the variety or the breed have been created in conditions of selecti
on ex-officio:
a) to the employer and/or assigning party;
b) to the user of the variety or breed, when this variety or breed is basic production;
c) to the author of the variety or breed.
(3) (amend. SG 86/00) The transformation of the author certificates into certificates shall be made u
pon additional expertise of compliance with the requirements of Art. 9, 10 and 11 and the proposed decision 
of the Executive Agency for Variety Testing, Approbation and Seed Control, according to Art. 38, para 10 . 
The additional expertise can use the results from previous tests of the variety or breed.
(4) Certificates, issued under para 1, 2 and 3 shall be valid for a period of 20 years, considered from 
the date of their issuance. The persons, who have used the variety or breed before the transformation of the a
uthor certificates, but after the date of the application for author certificate, shall not have the rights of the pr
evious user.
(5) The rights ensuing from the certificate, issued under this paragraph, shall be instituted on the dat
e of its issuance by the Patent Office.
(6) The author certificates, which are not transformed into certificates under para 1 - 5, shall discont
inue their effect.
 
§ 4. (amend. - SG 30/06, in force from 12.07.2006) The decision of the Patent Office for transforma
tion of applications and author certificates into certificates shall be subject to appeal by the order of the Ad
ministrative-procedure code  before Sofia city court.
 
§ 5. For transformation of author certificates into certificates shall be paid taxes for transformation, 
for expertise, for issuance of certificate, for publication of the transformation. The taxes for transformation o
f author certificate shall be paid at the time of applying under §3, para 1 , and all other taxes shall be paid ac
cording to this Act.
 
§ 6. Proprietary and non-proprietary rights of authors of acknowledged and implemented author cer
tificates, which have not been transformed under §3, para 1 , shall be settled while they last, by the order of t
he Act, which has been in force at the time of their occurrence.
 
§ 7. (1) (amend. SG 86/00) The status of the Executive Agency for Variety Testing, Approbation an
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.d Seed Control and of the State Commission for animal breeds shall be determined by an act of the Council 
of Ministers.
(2) (amend. SG 86/00 ; amend. - SG 36/08, amend. – SG 58/17, in force from 18.07.2017) The Stat
e Commission for animal breeds shall be formed if necessary, and its membership shall be approved by the 
Minister of Agriculture, Foods and Forestry.
 
§ 8. The following amendments are introduced to the Seed and Planting Stock Act (prom., Izv., No 
13 of 1958; amend., SG, No 99 of 1963, No 36 of 1979 and No 103 of 1990):
1. In Art. 2 the words "the regional varieties" are replaced by "of the varieties entered in list A of th
e official varieties list".
2. In Art. 3 the words "approved by the Ministry of agriculture and forests" are replaced by "entered 
in list A of the official varieties list".
3. Art. 5 is revoked.
4. Art. 6 is revoked.
5. In Art. 8, para 1, the words "regional, selected and local varieties" are replaced by "the varieties e
ntered in list A of the official varieties list".
6. In Art. 8, para 2 the words "not regional" are replaced by "not entered in list A of the official vari
eties list".
 
§ 9. (amend. SG 86/00 ; amend. - SG 36/08, amend. – SG 58/17, in force from 18.07.2017) The Mi
nister of Agriculture, Foods and Forestry and the chairman of the Patent Office shall issue ordinances and in
structions for the fulfilment of the provisions of this Act.
 
§ 10. The Act shall come into force three months upon its promulgation in the State Gazette.
 
§ 11. (amend. SG 86/00 ; amend. - SG 36/08, amend. – SG 58/17, in force from 18.07.2017) The i
mplementation of the Act is assigned to the Minister of Agriculture, Foods and Forestry and to the chairman 
of the Patent Office.
 
The laActw was adopted by the 37th National Assembly on September 19, 1996 and was affixed wi
th the state seal.
 
Transitional and concluding provisions  
TO THE ADMINISTRATIVE PROCEDURE CODE  
(PROM. – SG 30/06, IN FORCE FROM 12.07.2006)
 
§ 51. The following amendments shall be done in the Act on Protection of new Plant Varieties and 
Animal Breeds (prom. – SG 84/96; amend. – SG 27/98, 81/99, 86/00, 18/04):
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. The words "Administrative Procedure Act" shall be replaced by "Administrative Procedure Code
".
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 
§ 142. The code shall enter into force three months after its promulgation in State Gazette, with the 
exception of:
1. division three, § 2, item 1 and § 2, item 2 – with regards to the repeal of chapter third, section II "
Appeal by court order", § 9, item 1 and 2, § 15 and § 44, item 1 and 2, § 51, item 1, § 53, item 1, § 61, item 
1, § 66, item 3, § 76, items 1 – 3, § 78, § 79, § 83, item 1, § 84, item 1 and 2, § 89, items 1 - 4§ 101, item 1, 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.§ 102, item 1, § 107, § 117, items 1 and 2, § 125, § 128, items 1 and 2, § 132, item 2 and § 136, item 1, as w
ell as § 34, § 35, item 2, § 43, item 2, § 62, item 1, § 66, items 2 and 4, § 97, item 2 and § 125, item 1 – with 
regard to the replacement of the word "the regional" with the "administrative" and the replacement of the wo
rd "the Sofia City Court" with "the Administrative court - Sofia", which shall enter into force from the 1st of 
May 2007;
2. paragraph 120, which shall enter into force from the 1st of January 2007;
3. paragraph 3, which shall enter into force from the day of the promulgation of the code in State G
azette.
 
Transitional and concluding provisions  
TO THE ACT ON STATE AGENCY FOR NATIONAL SECURITY  
(PROM. - SG 109/07, IN FORCE FROM 01.01.2008)
 
§ 44. The Act shall enter into force from 1 January 2008.
 
Transitional and concluding provisions  
TO THE ACT ON AMENDMENT AND SUPPLEMENTATION OF THE FISHERIES AND AQUA
CULTURE ACT  
(PROM. - SG 36/08)
 
§ 64. In the Act on Protection of new Plant Varieties and Animal Breeds (prom. - SG 84/96; amend
. - SG 27/98, SG 81/99, SG 86/00, SG 18/04, SG 30/06 and SG 109/07) everywhere the words "the Minister 
of Agriculture and Forests", "Minister of Agriculture and Forests" and "the Ministry of Agriculture and Fore
sts" shall be replaced respectively by "the Minister of Agriculture and Food Supply", "Minister of Agricultur
e and Food Supply" and "the Ministry of Agriculture and Food Supply".
 
Concluding provisions  
TO THE ACT AMENDING THE ACT ON BULGARIAN FOOD SAFETY AGENCY  
(PROM. - SG 58/17, IN FORCE FROM 18.07.2017)
§ 27.In the Act on Protection of New Plant Varieties and Animal Breeds following amendments sha
ll be made:
………………………………………………………
2. Everywhere in the Act words "Minister of Agriculture and Food" and "Ministry of Agriculture a
nd Food" shall be replaced with words "Minister of Agriculture, Food and Forestry" and "Ministry of Agricu
lture, Food and Forestry".
....................................................................................
§ 76. This Act shall enter into force on the day of its promulgation in the State Gazette.
Transitional and concluding provisions  
TO THE ACT AMENDING AND SUPPLEMENTING THE ACT ON PATENTS AND REGISTRAT
ION OF UTILITY MODELS  
(PROM. - SG 92/20)
§ 48. (1) This Act shall be applied for the applications and the requests, on which no decision has e
ntered into force until its entry into force.
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.(2) On patent applications for inventions on which no final decision has been made by the entry int
o force of this Act and the fee for study and expertise and the fee for publication of the application have not 
been paid, a notification shall be sent to the applicant giving him the opportunity to pay them within three m
onths. If the fees are not paid within this period, the application is considered withdrawn and is not publishe
d.
(3) This Act does not apply to the terms that began to run before its entry into force.
§ 49. (1) The representatives, entered in the register under Art. 16, para. 1 of the Ordinance on Indu
strial Property Representatives (SG, issue 64 of 2017), retain their registration and the right to exercise the p
rofession.
(2) The persons, who until the entry into force of this law have successfully passed the examination 
by the order of the ordinance of para. 1, shall be entered in the register of the representatives on industrial pr
operty, without taking a new examination.
(3) The associations of industrial property representatives, entered in the register under the ordinanc
e under para. 1, shall retain their registration and the right to exercise activity if within two months from the 
entry into force of this Act the person representing the association submits to the Patent Office a written req
uest, in which the circumstances under Art. 93, para. 2, items 1 - 6 are indicated, accompanied by a copy of 
a current association agreement. When within the specified term a request is received for the association to c
ontinue to exercise its activity in the form of a company under Art. 89, the change shall be entered in the reg
ister, as the company shall keep the number of entry of the association, as well as all powers arising from the 
authorization of the association provided that a unified identification code is presented and the circumstance
s under Art. 93, para. 2, pp. 1 - 6 are indicated. When no written request is submitted within the specified ter
m, the partnership shall be ex officio deregistered from the register.
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.