WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/BGR/C/3 
IP/N/1/BGR/E/1 8 November 2010 
 
(10-5944) 
Council for Trade-Related Aspects of Intellectual Property Rights Original:   English/ 
 anglais/ 
 inglés 
  
 
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
BULGARIA 
 
 The present document reproduces the text
1 of the Law on the Copyright and Related Rights, 
as notified by Bulgaria on 10 June 2010 under Ar ticle 63.2 of the Agreement (see document 
IP/N/1/BGR/2).   
 
 
Conseil des aspects des droits de propriété intellectuelle qui touchent au commerce   
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
BULGARIE 
 
 Le présent document contient le texte
1 de la Loi sur le droit d'auteur et les droits voisins, 
notifiée par la Bulgarie le 10 juin 2010 au titre de l'article 63:2 de l'Accord (voir le 
document IP/N/1/BGR/2). 
 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
BULGARIA 
  En el presente documento se reproduce el texto
1 de la Ley de Derecho de Autor y Derechos 
Conexos, notificado por Bulgaria el 10 de junio de 2 010 en virtud de lo dispuesto en el párrafo 2 del 
artículo 63 del Acuerdo (véase el documento IP/N/1/BGR/2).  
                                                     
 
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/BGR/C/3 
IP/N/1/BGR/E/1 Page 2 
 
 
   
LAW ON THE COPYRIGHT AND RELATED RIGHTS 
 Prom. SG. 56/29 Jun 1993, amend. SG. 63/5 Aug 1994, amend. SG. 10/27 Jan 1998, amend. SG. 28/4 
Apr 2000, suppl. SG. 107/28 Dec 2000, amend. SG. 77/9 Aug 2002, amend. SG. 28/1 Apr 2005, 
amend. SG. 43/20 May 2005, amend. SG. 74/13 Sep 2005, amend. SG. 99/9 Dec 2005, amend. SG. 
105/29 Dec 2005, amend. SG. 29/7 Apr 2006, amend.  SG. 30/11 Apr 2006, amend. SG. 73/5 Sep 
2006, amend. SG. 59/20 Jul 2007, amend. SG. 12/13 Feb 2009, amend. SG. 32/28 Apr 2009 
 
 
Part one. 
COPYRIGHT 
 
Chapter one. 
GENERAL PROVISIONS 
 
 Subject of the Law  Art. 1. This Law shall regulate the relationshi ps related to the creation and distribution of 
literary, artistic and scientific works.  
 Arisal of Copyright 
 Art. 2. The copyright in literary, artistic and sci entific works shall arise for the author with the 
creation of the work.   
Chapter two. 
SUBJECT MATTER OF COPYRIGHT 
 
 Protected Subject Matter  Art. 3. (1) Any literary, artistic and scientif ic work resulting from creative endeavour and 
expressed by any mode and in any tangible form sh all be the subject matter of copyright, such as: 
 1. literary works, including works of scientific and technical literature, of publicity and 
computer software;  2. musical works;  3. performing arts works: dramatic or dramatico-musical works, entertainments in dumb show, choreographic, etc.; 
 4. films and other audio-visual works; 
 5. works of fine art, including works of a pplied art, design and national artistic crafts; 
 6. works of architecture;  7. photographic works and works created  by a process analogous to photography; 
 8. projects, maps, schemes, plans and othe rs related to architecture, urban planning, 
geography, topography, museum research and any other area of science and technology; 
 9. graphic design of publications; 
 10. (new - SG 29/06) cadastral maps and state topographical maps.  (2) Subject matter of copyright shall be also:  1. translations and adaptations of existing works and works of folklore; 
 2. arrangements of musical works and works of folklore; 
 3. periodicals, encyclopaedia, collections, an thologies, bibliographies, databases and other 
similar subject matter including tw o or more works or products. 
 (3) Subject matter of copyright may also be pa rts of the works referred to in para 1 and 2, 
preliminary sketches, plans, etc.   IP/N/1/BGR/C/3 
 IP/N/1/BGR/E/1 
 Page 3 
 
 
   Exceptions 
 Art. 4. Shall not be considered subject matter of copyright:  1. normative and individual acts of state government bodies and official translations thereof;  2. ideas and concepts; 
 3. works of folklore; 
 4. news, facts, information and data.   
Chapter three. 
OWNERS OF COPYRIGHT 
 
 Authors and Other Owners of Copyright  Art. 5. Author shall be the natural person whose creative endeavours have resulted in the 
creation of a literary, artistic or scientific work. Ot her natural or legal persons may be owners of 
copyright only in the cases provided by this Law. 
  Presumption of Authorship  Art. 6. (1) (prev. text of Art. 06, amend. and suppl. - SG 99/05, in force from 10.01.2006) Until proved otherwise author of the work shall be considered to be the person whose name or other 
identifying mark is indicated on the original, copi es or specimen of the work  and/or on their packing 
in the usual manner. 
 (2) (new - SG 99/05, in force from 10.01.2006) Pa ra 1 shall be also applied respectively to the 
owners of copyright in the cases referred to in Art. 10, first sentence, Art. 11, para 1, first sentence 
and Art. 14.  
 Authorship of Works Made Available to the Public under Pseudonym or Anonymously 
 Art. 7. (1) The work may be made available to the public under pseudonym or anonymously.  (2) Until revealing the identity of the author his copyright shall be exercised by the natural or 
legal person that has made the work available to the p ublic for the first time with the author's consent. 
 (3) The provision of paragraph 2 shall not a pply if the pseudonym leaves no doubt as to the 
identity of the author. 
 
 Joint Authorship  Art. 8. (1) Copyright in a work created by tw o or more persons shall belong to them jointly 
irrespective of whether the work constitutes one indi visible entity or consists of separate parts each 
having individual significance. 
 (2) The consent of all authors shall be require d for every single use or adaptation of the work. 
In case of lack of agreement between the joint auth ors the issue shall be r esolved by the court. 
 (3) If authorisation has been granted to use a work in a given manner, or a court ruling has 
been rendered to that effect, none of the joint au thors shall be entitled without reasonable grounds to 
object to its further use in the said manner.  (4) The compensation due to the authors for the use of their work, shall be distributed 
between them in shares by mutual agreement. At lack of agreement, it shall be considered that each of 
the joint authors has equal share. In case of disput es, the individual shares shall be determined by the 
court according to the contribu tion of each of the authors. 
 (5) Provided that a work created by joint authors consists of components each having 
individual significance, each of the joint authors may authorize the individual use of his own 
component unless the joint authors have agreed othe rwise and if this does not hinder the use of the 
work as a whole.  IP/N/1/BGR/C/3 
IP/N/1/BGR/E/1 Page 4 
 
 
   Copyright in Translations and Adaptations 
 Art. 9. Copyright in translation or adapta tion shall belong to the person who has made it 
without prejudice to the rights of the author of the original work. This shall not deprive other persons 
of the right to make their own translation or adaptation of the same work. 
 
 Copyright in Periodicals and Encyclopaedias  Art. 10. (suppl. - SG 28/00, in force from 05.05.2000) Copyright in periodicals and encyclopaedias shall belong to the natural or lega l person responsible for the creation and publication 
of the work. Copyright in the individual components included in such work, having the nature of a 
literary, artistic or scientific work, shall belong to their individual authors. 
   Copyright in Collections, Anthologies, Bibliographies and Databases  Art. 11. (amend. - SG 28/00, in force from 05.05.2000) (1) Copyright in collections, anthologies, bibliographies, databases, etc. shal l belong to the person who has collected or arranged 
the works and/or material contained therein, unless otherwise agreed in a contract. Copyright in the 
individual parts included in such work, which th emselves constitute literary, artistic or scientific 
works, shall belong to their authors.  (2) The consent of the authors shall be required for the inclusion of works or parts thereof into 
such works, unless provided otherwise by the law.   
 Copyright in Works of Fine Art and Architecture 
 Art. 12. Copyright in works of fine art a nd architecture shall belong to the person who has 
created those works also in case the ownershi p of the work belongs to another person. 
   Copyright in Portraits 
 Art. 13. Copyright in works of fine art or photography constituting a portrait of other person 
shall belong to the author of the work. The author and the portrayed person may agree terms of use of 
such works.    Copyright in Computer Programmes and Data bases Developed in Employment Relationship 
 Art. 14. Unless agreed otherwise, copyright in computer programmes and databases 
developed in employment relations hip shall belong to the employer. 
   
Chapter four. 
CONTENTS OF COPYRIGHT 
 
Section I. 
Moral Rights 
 
 Types of Moral Copyrights  Art. 15. (1) The author shall have the right to: 
 1. decide whether the work created by him may be made available to the public and to 
determine the time, place and manner in which this  may be done with the exception of the subject 
matter under Art. 3, para 1, items 4, 6 and 8 for which this right shall be arranged by contract; 
 2. claim authorship of the work;  3. decide whether his work shall be made  available to the public under pseudonym or 
anonymously; 
 4. require that his name, pseudonym or othe r identifying mark be indicated in a suitable 
manner whenever his work is used;  5. require that the entirety of his work is preserved and oppose to any modifications thereof as 
well as to any other actions that may infringe his legitimate interests or personal dignity;  IP/N/1/BGR/C/3 
 IP/N/1/BGR/E/1 
 Page 5 
 
 
   6. modify his work, provided that this does not infringe the rights acquired by other persons; 
 7. access the original of the work when it is in  the possession of another person and whenever 
such access is necessary for exercising moral or  economic right provided by this Law; 
 8. stop the use of the work due to chang es in his beliefs, with exception of already 
implemented architectural works, providing compen sation for the damages incurred by persons who 
have lawfully obtained the right to use the work.  (2) The author shall not be entitled to oppose to th e wish of the owner of architectural work to 
destroy, reconstruct, superstruct or  outbuild it, provided that this is undertaken in conformity with 
existing regulations. 
  
 Non-Transferability of Moral Rights  Art. 16. The moral rights referred to in items 2 and 4 of para 1 of the preceding Article shall 
be non-transferable. Transfer of other moral rights may be carried out only explicitly and in written 
form. 
  
 Exercising Moral Rights after the Death of the Author  Art. 17. After the death of the author and until expiration of the term of copyright protection the moral rights, with the exception of those referred to in Art. 15, para 1, items 6 and 8, shall be 
exercised by the heirs of the author.   
 
Section II. 
Economic Rights 
 
 Types of Economic Copyrights 
 Art. 18. (1) The author shall have the exclusiv e right to use the work created by him and to 
authorize its use by other persons except in the cases when this Law provides otherwise. 
 (2) In the sense of para 1 as use sha ll be considered the actions such as: 
 1. reproduction of the work;  2. distribution of the original or copies of the work among unlimited number of persons;  3. public presentation or performance of the work; 
 4. broadcasting of the work; 
 5. (amend. - SG 99/05, in force from 10.01.2006)  transmission and retransmission of the work 
by cable;  6. public exhibition of a work of fine art or a work created by photographic or analogous 
method; 
 7. translation of the work into another language; 
 8. (suppl. - SG 28/00, in force from 05.05.2000) adaptation of the work. Adaptation shall also be the adjustment and any alteration of the work , as well as the use of the work to create a new 
derivative work;  9. implementation of an architectural project through building or manufacturing of the object described in it; 
 10. (new - SG 28/00, in force from 05.05.2000; amend. - SG 99/05, in force from 10.01.2006) 
communication by wireless means or cable, by maki ng the work available to the public in such a way 
that members of the public may access it from a pl ace and at a time individually chosen by them. 
 11. (new – SG 77/02, in force from 01.01.2003) the import and the export of copies of the work in commercial quantities, regardless whethe r they have been lawfully produced or in 
infringement of the right referred to in item 1. 
 (3) Use as referred to in para 2, items 3 th rough 8 shall be considered to have occurred 
whenever the actions described above have been  performed in a manner allowing unlimited number 
of people to perceive the work.  (4) (revoked – SG 77/02, in force from 01.01.2003). IP/N/1/BGR/C/3 
IP/N/1/BGR/E/1 Page 6 
 
 
    
 Exhaustion of the Right of Distribution  Art. 18a. (new – SG 77/02, in force from 01. 01.2003) (1) (amend. - SG 99/05) (*) The first 
sale or other transaction on the territory of the Me mber States of the European Union made by the 
owner of the copyright or with his consent which tran sfers the ownership of the original or copy of the 
work shall lead to exhaustion of the right of their distribution on this territory without prejudice to the right to permit their further renting.  (2) (suppl. - SG 99/05, in force from 01.01.2006) The provision of para 1 shall not affect the right referred to in Art. 20 and Art. 22a, para 2. 
 (3) The provision of para 1 sha ll not refer to the cases of conced ing originals or copies of the 
work in digital way, in respect to the materialised  copies of the work made by the recipient with the 
consent of the owner of the copyright.    Right of Compensation for All Types of Use 
 Art. 19. The author shall have the right of compensation for all types of use of his work and 
for each successive use of the same type.    Right of Compensation at Resale of Work of  Art (title amend. – SG 99/05, in force from 
10.01.2006)  Art. 20. (amend. - SG 99/05, in force from 10.01.2006) (1) At resale of original work of art 
when one of the parties in the transaction or the interm ediary is a trader of works of art, in this number 
art gallery and auction house, the author of the wo rk shall have the right to receive compensations 
from the sale price.  (2) In the sense of this article original works of art shall be the works of graphic and plastic 
art such as pictures, collages, pa intings, sketches, engravings, prints, lithographs, sculpture figures, 
tapestries, ceramics, glassware and photographs, provi ded they are by the author himself, in this 
number copies considered to be originals acco rding to § 4 of the additional provisions. 
 (3) The right of para 1 shall be inalienable except at inheriting.  (4) Para 1 shall not apply to acts of resale at price lower than the lev equivalent of 300 EURO. 
 (5) Para 1 shall not apply to acts of resale wh ere the seller has acquired the work directly from 
the author less than 3 years before the date of th e resale and where the resale price does not exceed the 
lev equivalent of 10 000 EURO. 
 (6) Any waiver of the right referre d to in para 1 shall be invalid. 
 (7) The right referred to in para 1 shall conti nue as long as the copyright in the work is being 
protected.   
 Payment of the Compensations at Resale of Work of Art 
 Art. 20a. (new – SG 99/05, in force from 10.01.20 06) The compensations referred to in para 1 
shall be determined in the following way:  1. 5 % for the portion of the sale price from the lev equivalent of 300.01 to 3000 EURO, plus  2. 4 % for the portion of the sale price from the lev equivalent of 3000.01 to 50 000 EURO, plus 
 3. 3 % for the portion of the sale price from the lev equivalent of 50 000.01 to 200 000 
EURO, plus  4. 1 % for the portion of the sale price from the lev equivalent of 200 000.01 to 350 000 EURO, plus  5. 0,5 % for the portion of the sale price from the lev equivalent of 350 000.01 to 500 000 
EURO, plus 
 6. 0,25 % for the portion of the sale price ex ceeding the lev equivale nt of 500 000 EURO. 
 (2) Provided that before payment of the compen sation the seller and/or the intermediary have 
paid any taxes on the occasion of the resale, the sum of the taxes shall be deducted from the sale price 
when applying of para 1.  IP/N/1/BGR/C/3 
 IP/N/1/BGR/E/1 
 Page 7 
 
 
   (3) The compensation shall be calculated for each resold subject matter separately. 
 (4) The total amount of the compensation for a single object cannot exceed the lev equivalent of 12 500 EURO.  (5) The compensation shall be due jointly by the seller and the intermediary if available. 
 (6) The seller or the intermediary, if available, shall be obliged to notify the owner of the right 
referred to in Art. 20, para 1 about the resale in a period of two months after it and to pay him the due 
compensation within the same period through an organization for collective administration of rights or directly.  (7) The owners of the copyright and their orga nizations for collective administration of rights 
may in a period of three years after the resale re quire from each trader of works of art who has 
participated in it to furnish any information that may be necessary to secure receiving of the 
compensation referred to in Art. 20, para 1.  (8) Seller in the sense of this article shall be  the natural or legal person on whose behalf the 
sale is carried out. 
  
 Authorized Cable Broadcasting  Art. 21. (1) (suppl. - SG 28/00, in force from 05.05.2000; prev. text of Art. 21, amend. - SG 77/02, in force from 01.01.2003; amend. - SG 99/05, in force from 10.01.2006) The permission for wireless broadcasting of a work shall include perm ission to transmit the work by cable by the same 
organisation without paying additional compensati on, provided that the transmission is conducted 
simultaneously with the broadcast, unabridged and unaltered and does not extend beyond the territory 
of which the right to broadcast has been granted.  (2) (new – SG 77/02, in force from 01.01.2003; amend. - SG 99/05, in force from 10.01.2006) Out of the cases referred to in para 1 permis sion for rebroadcasting of a work by cable, 
simultaneously with the transmission or broad casting, unabridged and un altered, by another 
organisation, shall be given only by organisa tion for collective administration of copyright. 
 (3) (new – SG 99/05, in force from 10.01.2006) Provided that author has conceded the right of retransmission by cable his work to a producer of a phonogram or film or other audio-visual work, the cable operator retransmission this work shall owe to the author compensation separately from any 
other. Any waiver of such compensation by the au thor shall be invalid. The right to collect this 
compensation may be conceded by the author only to organizations for collective administration of 
the respective category of copyrights. 
 (4) (new – SG 99/05, in force from 10.01.2006) The compensation referred to in para 3 shall 
be collected only through organizations for coll ective administration of the respective categories 
copyrights. The amount and the method of its paym ent shall be determined by agreement between 
these organizations and the obliged cable operators. 
 (5) (new – SG 99/05, in force from 10.01.2006) The provisions of para 2, 3 and 4 shall not 
impede conclusion of agreements  for authorizing rebroadcasting of programmes between radio and 
television organizations, implemen ting initial broadcasting or transmission of programmes of their 
own, and the retransmitting operators. Provided that th e rights of retransmission of works included in 
the programmes of radio or televisi on organizations have been duly c onceded to them, the permission 
given by the organizations shall also include these rights. 
  
 Authorized Broadcasting by Telecommunication Satellite  Art. 22. (amend. - SG 28/00, in force from 05.05.2000) (1) (amend. - SG 99/05, in force from 10.01.2006) The authorization for wireless broadcas ting of the work shall also include the right to 
introduce the work into an interrupted chain of communication leading to satellite and back to the 
earth through programme-carrying signals under the c ontrol and the responsibility of the broadcasting 
organization in a way allowing its reception by the public. It shall be admissible the reception of the signal by the public to be implemented through the mediation of an organization different from the 
broadcasting one only if the author has conceded to this intermediary organization the right of IP/N/1/BGR/C/3 
IP/N/1/BGR/E/1 Page 8 
 
 
  wireless broadcasting, to transmit it by cable or perform it publicly in other way. In these cases the 
organization sending the signal to the satellite shall not owe compensation.  (2) When the signal under para 1 is coded the authorization shall be considered granted only 
on the condition that the decryption device is provided by the broadcasting organisation or with its 
consent. 
   Right of Compensation at Rental or Lending  Art. 22a. (new – SG 99/05, in force from 10.01.2006) (1) Where author of musical or audio–visual work has conceded his rental right of audio or video carriers containing his work to the 
respective phonogram or film producer, the person renti ng such carriers shall owe to the author fair 
compensation separate from any other. Any waiver of such compensation by the author shall be 
invalid. The right to this compensation may be  conceded in advance by the author through 
organizations for collective administration of rights or directly.  (2) At lending of works or copies of carriers containing them the authors shall have the right 
of compensation due by the person lending them. 
 (3) The provisions of para 1 and 2 shall not refe r to the works of architecture, the applied arts 
and the national artistic crafts.  (4) Para 2 shall not be applied at lending by state and municipal cultural organizations 
implementing activity as libraries, school, university and culture centre libraries.  (5) The compensation referred to in para 2 sh all be collected only through organizations for 
collective administration of the respective categories of copyrights. The amount and the method of 
their payment shall be determined by agreement between these organizations and the obliged persons. 
   
Chapter five. 
FREE USE OF WORKS 
 
 Permissibility of the Free Use (title amen d. – SG 77/02, in force from 01.01.2003) 
 Art. 23. (amend. - SG 77/02, in force from 01.01.2003) The free use of works shall be permissible only in the cases, pointed out in the la w, under the condition, that the normal use of the 
work is not hampered and the legitimate interests of the owner of the copyright are not impaired. 
  
 Free Use Without Payment of Compensation (title amend. – SG 77/02, in force from 01.01.2003)  Art. 24. (amend. - SG 77/02, in force from 01.01.2003) (1) Without consent of the owner of the copyright and without payment of compensation shall be permissible: 
 1. (suppl. - SG 99/05, in force from 10.01.2006) temporary reproduction of works, having 
transient or incidental character, not having inde pendent economic significance, constituting integral 
and essential part of the technological pro cess and with the sole purpose to enable: 
 a) a transmission in a network between third parties by an intermediary, or  b) other permitted use of a work;  2. use of quotations from works of other pers ons already made available to the public at 
criticism or overview, pointing out the source a nd the name of the author, unless impossible; the 
quotation must comply with the usual practice and to be in amount, justified by the purpose;  3. use of parts of published works or of not big number of works in other works in amount, necessary for analysis, commentary or other kind of sci entific research; such use shall be permissible 
only for scientific and educational purposes, indicat ing the source and the name of the author, unless 
impossible; 
 4. use as current information in periodical s and the other mass media of speeches, reports, 
preaches, etc. and parts thereof, presented at public  meetings, as well as pleading, pronounced at court 
procedures, indicating the source and the name of the author, unless impossible;  IP/N/1/BGR/C/3 
 IP/N/1/BGR/E/1 
 Page 9 
 
 
   5. (amend. - SG 99/05, in force from 10.01.200 6) reproduction by the mass media of articles 
on current economic, political and religious topics already made available to the public unless such use has been explicitly forbidden, indicating the s ource and the name of the author, unless impossible; 
 6. reproduction in photographic, cinematographic or analogous way, as well as by sound 
recording or video recording of works related to curr ent event, in order these wo rks to be used by the 
mass media in limited extent justified by the info rmatory purpose, indicating the source and the name 
of the author, unless impossible;  7. use of works, permanently exhibited at streets, squares and other public places without mechanical contact copying, as well as wireless broadcasting or transmitting by cable or other 
technical device, if done with inform atory or other non-commercial purpose; 
 8. public presentation and public performance of published works in educational or other 
learning establishments, provided that no pecuniar y revenues are received and no compensation is 
paid to the participants in the preparation and realization of the presentation or the performance; 
 9. (amend. - SG 99/05, in force from 10.01.2006) reproduction of already published works by 
publicly accessible libraries, educational or othe r learning establishments, museums and archive 
institutions, with educational purposes or with the purpose of preservation of the works, unless 
serving for commercial purposes;  10. reproduction of works with Braille script or other analogous method already made available to the public, unless done for profit purposes;  11. granting access to individuals to works, located in collections of the organisations referred 
to in item 9, under the condition, that it is done with scientific purposes and has no commercial 
character;  12. temporary recording of work by radio- an d television organisations, to which the author 
has granted the right to use the work, carried out by their own technical devices and for the needs of 
their own programmes within the margins of the granted authorization; records of important 
documentary value can be preserved in official archive; 
 13. use of works for the purposes of the nationa l security, in the court- or administrative 
procedures or in the parliamentary practice;  14. use of works during religious ceremonies or at official ceremonies, organised by the public authorities;  15. use of a building, which is work of archit ecture, or of a plan of such building for the 
purpose of its reconstruction. 
 (2) The provisions of para 1 shall not refe r to the computer software. The provisions of 
Art. 70 and 71 shall be applied thereto.    Free Use with Payment of Compensation (title amend. – SG 77/02, in force from 01.01.2003) 
 Art. 25. (amend. - SG 77/02, in force from 01.01.2003) (1) (amend. - SG 99/05, in force from 
10.01.2006) Without consent of the owner of the copyright but upon payment of fair compensation shall be admissible:  1. reproduction with non-commercial purposes of  printed works, except note materials, on 
paper or other similar carrier by reprography  or other technique, ensuring similar result; 
 2. reproduction of works, regardless of the carrier, by a natural person for personal use unless 
done with commercial purposes. 
 (2) The provision of para 1, item 2 shall not refer to computer software and architectural 
works. For the computer software shall be applied the provisions of Art. 70 and 71.    Binding of the Free Use with the Preservation of the Technological Measures for Protection 
 Art. 25a. (new – SG 77/02, in force from 01.01.2003) (1) (prev. text of Art. 25a – SG 99/05, 
in force from 10.01.2006) The use of works under Art. 24, para 1 and Art. 25, para 1 cannot be carried 
out in a way, which is accompanied with rem oval, damaging, destroying or disruption of 
technological measures for protection without the consent of the owner of the copyright. IP/N/1/BGR/C/3 
IP/N/1/BGR/E/1 Page 10 
 
 
   (2) (new – SG 99/05, in force from 10.01.2006) Users who want to benefit from the 
provisions referred to in Art. 24, para 1, items 3, 9, 10, 12 and 13 and Art. 25, para 1, item 1 but are 
impeded by technological measures for protection ma y request from the owner of the right to grant 
them the respective access in exte nt justified by the purpose. This provision shall not apply to the 
cases when works or other subject matter under prot ection have been made available to unlimited 
number of persons on agreed contractual terms in a way allowing access from a place and at a time 
individually chosen by each of them.    Compensation upon Free Use (title amend. SG 77/02, in force from 01.01.2003) 
 Art. 26. (1) (amend. and suppl. - SG 28/00, in force from 01.01.2001) Authors of works 
recorded on sound or video carriers, as well as pe rformers whose performances have been recorded, 
and producers of phonograms and producers of the initial record of recorded films shall be entitled to 
compensation whenever their record ings are recorded for personal u se. Right of such compensation 
shall also have the authors and publishers of any printed publications when these works are 
reproduced in reprographic way for personal use. 
 (2) (amend. - SG 28/00, in force from 01.01.20 01) The compensation referred to in para 1, 
first sentence shall be owed by the persons who produce or import blank sound or video carriers and 
appliances intended for recording, and the compen sation referred to in para 1, second sentence - by 
the persons who produce or import appliances in tended for reproduction by reprographic way. The 
amount of the compensation shall be 5 percent of the production cost of the carriers produced in the 
country and 2 percent of the production cost of the appliances produced in the country, respectively of 
the customs taxable value of the imported carriers and appliances.  (3) (amend. - SG 28/00, in force from 01.01.2003; amend. - SG 77/02, in force from 01.01.2003; amend. - SG 99/05, in force from 10.01. 2006) The compensations referred to in para 1, 
first sentence, and para 1, second sentence shall be pa id to organisations which shall be different for 
the two separate categories of rights, established acco rding to the order of Art. 40, by associations, 
representing the different categories of owners of rights under this Law. These organisations shall 
distribute the compensation among their member associations. In advance to the distribution 20 percent of the collected amount shall be deducted and deposited to the acc ount of the National Fund 
"Culture".  (4) (amend. - SG 28/00, in force from 01.01.2 001) The distribution of the collected amount 
among the individual categories of owners of rights shall be carried out in the following way: 
 1. regarding compensations under para 1, first sentence: 
 a) one third for the authors;  b) one third for the performers;  c) one third for the producers; 
 2. regarding compensations under para 1, second sentence: 
 a) 50 percent for the authors;  b) 50 percent for the publishers.  (5) (new - SG 28/00, in force from 01.01.2001; amend. - SG 77/02, in force from 01.01.2003) Amounts collected pursuant to para 1 shall be subject  to return by the organisations collecting them 
within a period of 6 months after the occurrence of the grounds thereof: 
 1. provided that the taxed blank sound and video carriers: 
 a) have subsequently become subject to  export transaction without being recorded; 
 b) have been subsequently recorded in the country by a person who has legally acquired the 
right to make such recording and has settled the issue of the copyright and its related rights related to 
the record; 
 c) have been purchased by legally licensed ra dio or television organi sations and have been 
recorded by them and saved for th e needs of their own broadcasts; 
 d) have been purchased by manufacturers of films and other audio-visual works and have been recorded by them and used for their own production or advertising needs;  IP/N/1/BGR/C/3 
 IP/N/1/BGR/E/1 
 Page 11 
 
 
   e) (new – SG 77/02, in force from 01.01.2001) have been supplied or are later supplied with 
technological measures for protection of the rights.  2. (amend. - SG 77/02, in force from 01.01.2001)  provided that the taxed appliances intended 
for recording or reproduction in reprographic way: 
 a) have subsequently become subject of expor t transaction and if this transaction has been 
carried out before their use in the country;  b) have been bought by publicly accessible libraries, educational or other learning establishments, museums and archive establishments;  c) have been bought by the National Assemb ly, the National Investigation Service, the 
National Guarding Service, the Ministry of Defence and the courts. 
 (6) (new - SG 28/00, in force from 01.01.200 1) Appliances intended for recording in the 
sense of this Art. shall be all appliances intended for recording works on sound or video carriers from 
sound records and video records or from radio and te levisions broadcasts, and appliances intended for 
reproduction in reprographic way - the machines intende d to make copies of printed materials through 
photocopying or other method providing similar results. 
 (7) (new - SG 28/00, in force from 01.01.2003; revoked SG 77/02, in force from 01.01.2003)  (8) (new – SG 99/05, in force from 10.01.2006) The persons obliged to pay compensations according to para 2 shall be obliged within a period  of one month after the elapse of each period of 6 
months to provide to the respective organizations re ferred to in para 3 information about the quantity 
and the types of carriers and appliances referred to in  para 2 produced and/or imported by them during 
the period of 6 months and about their production,  respectively their customs taxable value. The 
persons who have received this information sha ll not use it otherwise except for collecting and 
distributing the compensations.    
Chapter six. 
DURATION OF COPYRIGHT 
 
 General Rule  Art. 27. (1) (amend. - SG 28/00, in force from 05.05.2000) Copyright shall be protected for the life of the author and seventy years after his death. 
 (2) In the case of works created by two or more  authors the term specified in para 1 shall run 
from the death of the last surviving author.    Anonymous and Pseudonymous Works  Art. 28. (amend. and suppl. - SG 28/00, in force from 05.05.2000) Copyright in anonymous or 
pseudonymous work shall expire seventy years after the work has been first made available to the 
public. Provided that during the said term the author's identity is disclosed or if the pseudonym leaves 
no doubt as to his identity, the provisions of the preceding Article shall apply.    Computer Programmes and Databases  Art. 28a. (new - SG 28/00, in force from 05.05.2000) Copyright in a computer programme or 
database arising according to Art. 14 shall expire 70 years after making the work available to the 
public. If during this term the author is disclosed, the provisions referred to in Art. 27 shall apply. 
   Films  Art. 29. (amend. - SG 28/00, in force from 05.05.2000) Copyright in a film or other audio-
visual work shall expire 70 years after the deat h of the last surviving among the director, the 
scriptwriter, the operator, the author of the dialogue and the author of the music if it has been created 
specially for the film.   IP/N/1/BGR/C/3 
IP/N/1/BGR/E/1 Page 12 
 
 
   Collection Works 
 Art. 30. (1) (prev text of Art. 30, amend. - SG 28/00, in force from 05.05.2000) Copyright in encyclopaedias, periodicals and other works referred to in Art. 3, para 2, item 3 shall expire seventy 
years after their publication. 
 (2) (new - SG 28/00, in force from 05.05.2000)  In the case of works published in volumes, 
parts, issues or episodes the term under para 1 sh all be calculated for each of them individually. 
   Beginning of the Terms  Art. 31. The terms referred to in the preceding Articles of this Chapter shall begin on the first 
of January of the year following the year of the d eath of the author or in which the work was created, 
respectively made available to the public or published, according to Art. 27 to 30. 
   Copyright Inheriting  Art. 32. (1) Upon the death of the author the copy right shall pass to his heirs by will or by law 
according to the Law for the Inheritance. 
 (2) Copyright shall be inherited until expiration of the term of protection. 
   Exercising the Rights in Absence of Heirs  Art. 33. (amend. - SG 28/00, in force from 05.05.2000; suppl. - SG 77/02, in force from 01.01.2003; amend. - SG 28/05; amend. - SG 99/05 , in force from 10.01.2006)  In case the author does 
not have heirs, or any such heirs die prior to the expiration of the term of protection, the copyright 
shall pass to the state which shall exercise it until expiration of the term through the Ministry of 
Culture. In case the dead author or his heir was me mber of organisation for collective administration 
of rights under this Law, that organisation shall at its own expense exercise these rights until their 
expiration. 
  
 Use of Works after Expiration of the Term of Protection  Art. 34. After expiration of the term of copyright protection the works may be used freely inasmuch as this does not infringe rights under Art.  15, items 4 and 5, which shall be of unlimited 
duration. The bodies under Art. 33 shall monitor the observance of these rights and may, as an exception, permit changes in the work. 
  
 Protection of Unpublished Works  Art. 34a. (new- SG 28/00, in force from 05.05.2000) Everyone who makes available to the public a work after expiration of the term of protect ion of the copyright, if not published by then, shall 
have the rights under Art. 18. This right shall expire  after 25 years, beginning from the first of January 
of the year following the year of maki ng the work available to the public. 
   
Chapter seven. 
USE OF WORKS 
 
Section I. 
General Provisions 
 
 Consent of the Author for Use of the Work  Art. 35. The work may be used with the con sent of the author unless otherwise provided for 
by this Law. 
   IP/N/1/BGR/C/3 
 IP/N/1/BGR/E/1 
 Page 13 
 
 
   Contracts on Use 
 Art. 36. (1) By concluding a contract on the use of his work the author shall grant to the user 
the exclusive or non-exclusive right to use the work  created by him under specific terms and against 
compensation. 
 (2) Whenever an author grants to a user exclusive right to u se a work, the author himself may 
not use it in the manner for the term and on the territo ry agreed upon in the contract, nor shall he grant 
such right to third parties.  (3) Whenever an author grants a user non-ex clusive right to use a work, the author may 
continue using it himself, as well as grant non-exclusive right to use the same work to third parties. 
 (4) The granting of exclusive right under para 2 shall be explicit and in writing. Whenever no 
such provision exists, it shall be considered  that non-exclusive right has been granted. 
 (5) If no term has been specified in the contr act, it shall be assumed that the right to use the 
work has been granted for a period of three y ears, or five years for architectural works. 
 (6) If the contract does not specify a territory on which the user may u se the work, the country 
of citizenship of the user or the country of his seat, if a legal person, shall be considered as such 
territory.    Effect and Duration of the Contract  Art. 37. (1) A contract under which the author has granted use of all works which he may create for the rest of his life shall be considered invalid. 
 (2) A contract on the use of a work may not be concluded for a term exceeding ten years. 
Whenever the contract has been c oncluded for a longer term, it shall have effect for ten years only. 
This limitation shall not apply to contracts related to architectural works.    Amount of the Compensation 
 Art. 38. (1) The compensation of the author may be defined as a portion of the revenues 
received from the use of his work, as single amount or in other form.  (2) Whenever the compensation defined as single amount proves obviously incommensurate with the revenues received from the use of th e work, the author may claim increase of the 
compensation. If no agreement can be reached between the parties, the issue sh all be resolved through 
the courts ex aque et bono. 
  
 Avoiding a Contract when the Performance has not Commenced  Art. 39. (1) If a contract granting exclusiv e rights does not specify a deadline by which the 
user should commence the use of the work, the author may avoid the contract if the use has not started 
within two years from the conclusion, or from the da te of ceding the work if done after conclusion of 
the contract. 
 (2) Para 1 shall not apply to architectural works.    Collective Administration Organisations  Art. 40. (1) Authors may at their own will establish organisations for collective administration of copyrights and grant to them the right to negotia te the use of their works in one or more ways and 
to collect compensations. 
 (2) A publisher who has been granted by the author rights besides the right to publish may transfer the administration of these rights to an organisation under the preceding Paragraph.  (3) Organisations carrying out collective administration of copyrights may only be associations of authors and other owners of such  rights. These organisations shall not operate for 
profit and shall distribute all assets received from users among their members after making the 
deductions necessary for their own operation. The establishment and functioning of such 
organisations shall be carried out according to the order established for non-profit associations. 
 (4) (amend. - SG 28/00, in force from 05.05.2000; amend. - SG 28/05; amend. - SG 99/05, in force from 10.01.2006) All organisations under para 1 shall be obliged to submit to the Ministry of IP/N/1/BGR/C/3 
IP/N/1/BGR/E/1 Page 14 
 
 
  Culture a copy of the court ruling for registrati on and of any possible subsequent changes thereof 
within two months. The Ministry of Culture shall keep a register of such organisations.  (5) Organisation under para 1 shall not refuse  membership to any person who is owner of 
such rights as that organisation manages. 
 (6) Rules on the distribution of the compensati ons collected by the organisations under para 1 
among the eligible members shall be proposed by the elected management body of the organisation 
and adopted by the general meeting of its members.  (7) (amend. - SG 28/00, in force from 05.05.2000; amend. - SG 99/05, in force from 10.01.2006) The organisations referre d to in para 1 shall have the right to represent their members, the 
allied organisations abroad with whom they have concluded contracts for mutual representation and 
their members before all jurisdiction and administra tive bodies in protecting their rights entrusted for 
administration to them. For the protection of these rights the organisations referred to in para 1 may, on their own behalf, undertake any juridical activities,  including laying claims under Art. 94, 94a and 
95 and to request imposing of measures  under Art. 95c, 95d, 96a, 96b and 96d. 
 (8) (new - SG 28/00, in force from 05.05.2000)  In the cases where this law stipulates granting 
consent of the authors to be done only through organisation for collective administration of rights, the organisation administering the respective rights sha ll also act on behalf of authors who are not its 
members, being obliged to settle its relations w ith them in the same way as with its members. 
   Work Created Under Employment Relationship 
 Art. 41. (1) Copyright in a work created under employment relationship shall belong to the 
author unless otherwise provided by this Law.  (2) (amend. - SG 28/00, in force from 05.05.2000) The employer shall have the exclusive right without authorization by the author and wit hout paying compensation, unless otherwise provided 
by the employment contract, to use such a work for his own purposes. The employer may exercise this 
right in a manner and to a degree corresponding to his usual activity. 
 (3) Whenever the employee compensation of the author at the time of creation of the work 
under para 1 proves incommensurate with the revenues in the sense of Art. 38, para 2 collected from 
the use of the work, the author may demand add itional compensation. If no agreement was reached 
between the parties, the issue shall be resolved through the court ex aque et bono.   
 Work Created under Mandate 
 Art. 42. (1) Copyright in a work created under mandate shall belong to the author of the work unless otherwise provided by the assignment contract.  (2) Unless agreed otherwise, the mandator sh all have the right to use the work without 
authorization by the author for the purpose it was commissioned. 
  
 
Section II. 
Publishing Contract 
 
 Definition 
 Art. 43. By the publishing contract the author  grants the publisher the right to reproduce and 
distribute the work, and the publisher is obliged to perform these actions and to pay the author 
compensation.    Types 
 Art. 44. By publishing contract granted may be the right to reproduce and distribute a work 
which has been already created, or a work which the author has promised to create. 
   IP/N/1/BGR/C/3 
 IP/N/1/BGR/E/1 
 Page 15 
 
 
   Expanding the Field of Application 
 Art. 45. (1) Where by a publishing contract an author has granted a publisher the right to use the work for other purposes besides publishing, the p ublisher may grant the use of the work for these 
other purposes to third parties if this is explicitly agreed upon. 
 (2) In case of granting under para 1, the publisher shall inform the author in writing. 
   Form  Art. 46. The publishing contract sh all be concluded in written form. 
  
 Special Non-Mandatory Rules 
 Art. 47. Unless otherwise provided by the publishing contract, it shall be assumed that: 
 1. the publisher has been granted rights for one printing only;  2. (amend. - SG 28/00, in force from 05.05.2000 the publisher has been granted the right to publish the work in printing of no more than ten thousand copies; 
 3. compensation to the amount of fifteen per cent of the retail price of each sold copy of the 
work shall be due to the author;  4. the number of copies which the publisher may provide to the author free of charge may not be less than five for each printing;  5. the publisher shall publish the work in th e language in which it has been ceded to him; 
 6. the publisher may distribute the printing only on the territory of the country of his 
citizenship or where his seat is located if a legal person. 
   Making Amendments  Art. 48. Prior to undertaking a subsequent pr inting the publisher shall be obliged to give the 
author a chance to make amendments and supplementations to the work. 
  
 Returning Originals Offered for Publishing  Art. 49. The publisher shall be obliged to return  the originals of works of fine art, original 
documents, illustrations and other originals offere d for publication unless agreed otherwise in writing. 
   Destroyed Copies 
 Art. 50. In case that reproduced but not yet o ffered for sale copies of the work are fully or 
partially destroyed not through the fault of the publisher, the latter may restore the destroyed copies within one year without providing compensation to the author.    Termination 
 Art. 51. Unless agreed otherwise, the publishing  contract shall be terminated with expiration 
of its term or when the run is sold out, or when the last run is sold out if more than one printing have 
been agreed upon.    Termination Prior to Expiration of the Term  Art. 52. (1) Unless agreed otherwise, the author may terminate the publishing contract 
unilaterally by written notification whenever that co ntract was concluded for more than one printing 
and the run of the last printing was sold out and no subsequent reproduction and distribution of the work was undertaken by the publisher within one y ear, provided that the author had requested the 
publisher to do so within the same term. A print run shall be assumed sold-out whenever the number of unsold copies amount to no more than 
five per cent of the run of the printing. 
 (2) In the cases referred to in para 1 the author shall not refund the compensation already 
received.   IP/N/1/BGR/C/3 
IP/N/1/BGR/E/1 Page 16 
 
 
   Publishing at the Expense of the Author 
 Art. 53. (1) The author may at his own expense assign to publisher the reproduction and 
distribution of a given number of copies of his work.  (2) The author may agree with a publisher to reproduce and distribute copies of the work by 
participating in the expenses of the publishi ng and in the revenues of the distribution. 
   Contracts on Reproduction and Distribution of Phonograms  Art. 54. (1) (amend. - SG 28/00, in force from 05.05.2006) If the contract for reproduction and distribution of the work in the form of phonog rams does not stipulate otherwise and the author 
has not granted the management of these rights to or ganisation for collective administration it shall be 
considered that:  1. the user shall be obliged to carry out th e recording within six months from the day on 
which the author has submitted the work in a form  allowing the recording, and the reproduction and 
the distribution - within six months from the recording; 
 2. the user has been granted the right to reproduce the work in a run of no more than 5000 
copies;  3. compensation shall be owed to the author amounting to the respective part of 10 percent of 
the wholesale price of each sold copy of the sound carrier, proportionally of the duration of his work to the duration of the whole sound carrier;  4. the user shall provide to the author free of  charge 5 copies of each produced variant of the 
sound carriers. 
 (2) (revoked - SG 28/00, in force from 05.05.2000)  (3) (amend. - SG 99/05, in force from 10.01.2006) The right granted by the author for the recording, reproduction and distribution of his work  in the form of phonograms shall not include the 
right to use the recorded work for public performance, wireless broadcasting, or transmission or 
retransmission by cable. The inclusion of such rights shall be agreed upon explicitly. 
   
Section III. 
Contract on Public Presentation or Performance 
  Definition 
 Art. 55. With a contract on public presentation the author of a performing arts work shall grant a user the right to present the work, and the u ser shall be obliged to present the work and pay 
compensation to the author.   
 Non-Mandatory Rules 
 Art. 56. Unless otherwise provided by contract, it shall be assumed that:  1. the author may grant the right of public  presentation to other users outside the population 
centre where the user has his seat;  2. the term of the contract shall be three years;  3. the user shall present the work to the public  within a term of one year from receiving it; 
 4. (amend. - SG 28/00, in force from 05.05.2000) the compensation to the author shall be 
determined in amount of fifteen per cent of the gross revenues of each presentation of the work; 
 5. the user shall report to the author twi ce per year on the number of public performances and 
the amount of revenue received;  6. the author may terminate the contract when ever the user has halted the public presentation 
of the work for a period longer than one year. 
   Contracts on the Use through Wireless, Cable or Other Technical Means  Art. 57. (amend. - SG 99/05, in force from 10.01.2006) The provisions of items 1, 2, and 3 of Art. 56 shall also apply to contracts on broadcasti ng by wireless or transmission and retransmission by  IP/N/1/BGR/C/3 
 IP/N/1/BGR/E/1 
 Page 17 
 
 
  cable of performing arts works, as well as of musi cal or literary works that have not been made 
available to the public. Unless agreed otherwise in th e contract it shall be assumed that the author has 
granted the user the right of a single broadcast or transmission of the work.   
 Contracts on Public Performance 
 Art. 58. (1) (prev. text of Art. 58, suppl. - SG 28/00, in force from 05.05.2000; amend. - SG 99/05, in force from 10.01.2006) Consent on the public performance, live or recorded, on broadcasting by wireless or transmission and retr ansmission by cable of musical and literary works 
which have already been made available to the public , shall be provided in writing by the author or by 
a duly authorised organisation for collective admi nistration of copyrights which shall negotiate, 
collect and pay the compensations due. When the co nsent is given by an organisation for collective 
administration the user shall be obliged to su bmit a precise account on the used works and their 
authors.  (2) (new - SG 28/00, in force from 05.05.2000; revoked – SG 77/02, in force from 
01.01.2003) 
   
Section IV. 
Contract on Publishing in a Periodical 
  Right to Use an Ordered Work 
 Art. 59. (1) The author of a work under mandate may not, without the consent of the publisher, offer that work or parts thereof to other periodicals for publishing as a separate publication 
as well as for wireless broadcasting prio r to its publishing by the publisher. 
 (2) Unless agreed otherwise, the restricti ons under the preceding Paragraph shall not apply 
where fifteen days, for newspapers, and three m onths, for magazines, have elapsed since the 
submission of the manuscript and the publisher has not published it or has not informed the author 
within those terms that the work will be published indicating the number of the issue in which it will 
be published.    Right of Second Use 
 Art. 60. The author may use his work, alread y published in a periodical, after the date of 
publication unless agreed otherwise in writing.    Returning of Materials Offered for Publication  Art. 61. The publishers of periodicals shall return  the originals of works of fine art, original 
documents and illustrations offered for publi cation, unless agreed otherwise in writing. 
   
Section V. 
Creating and Using Films and Other Audio-Visual Works 
  Owners of Rights 
 Art. 62. (1) (suppl. - SG 77/02, in force from  01.01.2003) Copyright in films and other audio-
visual work shall belong to the director, the scriptw riter and the operator. In respect of cartoons the 
production designer shall also have copyright.  (2) The authors of the music, the dialogue, the already existing literary work upon which the 
audio-visual work was made, the scenery, the cost umes, as well as of all other works included in it 
shall retain copyrights in their own works.  (3) Producer in the sense of this section shall be the natural or legal person who organises the 
creation of the work and provides its financing.   IP/N/1/BGR/C/3 
IP/N/1/BGR/E/1 Page 18 
 
 
   Contracts on Creation and Use 
 Art. 63. (1) (amend. and suppl. - SG 99/05, in force from 10.01.2006) The authors under Art. 62 shall conclude written contracts with the pr oducer that, unless agreed otherwise or otherwise 
provided by this Law, shall be deemed to gran t the producer within the country and abroad the 
exclusive right of reproduction of the work, co mmunication to the public, wireless broadcasting or 
transmission and retransmission by cable, reproducti on on video carriers and their distribution, 
making it or part of it available to unlimited number of persons by wireless means or by cable in a 
way allowing access from a place and at a time individually chosen by each of them, as well as the right to authorise the translation, dubbing and subtitling of the text. 
 (2) The producer shall pay the authors under th e preceding Article compensation for the rights 
granted. In this case the provisions of Art. 41,  para 2 and Art. 42, para 2 shall not apply. 
 (3) Provided that any of the authors under Art. 62 refuses to complete his part in the creation of the film or other audio-visual work, or cannot co mplete it through no fault of himself, he shall not 
prevent the use of the work completed by him for th e completion of the project. That shall not deprive 
him of the copyright in the portion of the work completed by him with all ensuing consequences. 
 (4) An audio-visual work shall be consid ered completed whenever a final version was 
established by agreement between the director and producer.  (5) Any changes in the final version through addi tion, elimination or change of some of the 
elements require the consent of the persons under para 4.  (6) (amend. - SG 63/94) Upon declaring bankruptcy of a producer any author under Art. 62 
shall be entitled to purchase the source materials of the work at the highest offered price provided that 
within three days from closing of the biddings he requests that in writing.  (7) (amend. - SG 77/02, in force from 01.01.2003)  In case the producer cannot finish the work 
or after finishing it he wants to dispose of the source working materials containing initial record or respectively the source materials of the final version of the work, he shall be obliged to concede them 
to the authors under Art. 62, para 1 for free. 
 (8) (new - SG 28/00, in force from 05.05.2000) Within five years from the date of making the work available to the public the producer or th e persons who have become owners of the source 
materials of the final version of the work shall de posit these materials into the National Film Archive. 
This shall concern only films whose producer is a Bulgarian natural or legal person. 
  
 Secondary Use 
 Art. 64. (amend. - SG 99/05, in force from 10.01.2006) The producer may grant to third parties, at assuming the obligations under Art. 65, the right to broadcast the work by wireless means 
or to transmit and retransmit it by cable, to reproduce it on video carriers for distribution and 
communication to the public, where he shall be obliged  to notify the authors under Art. 62, para 1 in 
writing within one month, unless otherwise provided by this Law. 
   Compensations  Art. 65. (1) (amend. - SG 28/00, in force from 05.05.2000; suppl. - SG 77/02, in force from 01.01.2003; suppl. - SG 99/05, in force from 10.01.2006) The director, the scriptwriter, the operator and the composer, and in respect of cartoons – also  the production designer, shall be entitled to fair 
compensation, separate from the one referred to in Art. 63, para 2, also for each type of use of the film 
or audio-visual work, while the rest of the au thors referred to in Art. 62 – only in case such 
compensation has been agreed upon. The compensations  from the different types of use of the work 
granted by the authors to the producer referred to in  Art. 63, para 1, as well as the way in which the 
author wants to receive them in compliance with pa ra 2 shall be determined separately for each type 
of use. 
 (2) Compensations for the different types of u se of the work shall be due by the respective 
users and, upon request by the authors, may be recei ved through the producer or through organisation 
for collective administration of copyrights. In th e latter case, the producer shall include such a 
provision in the contracts on the use of the work concluded by him.  IP/N/1/BGR/C/3 
 IP/N/1/BGR/E/1 
 Page 19 
 
 
   (3) In case already announced wo rk is communicated to the pub lic for an admission fee, the 
compensation shall be proportional to the revenue of the producer.  (4) (suppl. - SG 77/02, in force from 01.01.2003; amend. - SG 99/05, in force from 10.01.2006) Regardless of the compensation referred to in para 2, the authors under para 1 shall be 
entitled to a percentage of every revenue of th e producer, realised fro m the use of the work. 
 (5) (new – SG 99/05, in force from 10.01.2006) Where the use is in the form of rental or lending of copies of the work the provisions of Art. 22a shall be applied.  (6) (new – SG 99/05, in force from 10.01.2006) Where the use is in the form of retransmission of the work by cable the provisions of Art. 21, para 3, 4 and 5 shall be applied. 
  
 Accounting to the Authors  Art. 66. At the request of the persons referred to in Art. 62, th e producer shall provide to them 
at least once a year a statement on the re venues from each type of use of the work. 
  
 Use of Parts of a Film 
 Art. 67. The producer may use parts of the work or individual frames in amount justified by the film advertising without the consent of the au thors and without payment of compensation. He may 
use such parts or frames for other purposes only with the consent of the authors under Art. 62, para 1 
and shall pay them compensation. Other persons may use parts or frames only with the consent of the 
authors under Art. 62, para 1 and shall pay them compensation. 
  
 
Section VI. 
Use of Works of Fine Art, Architecture and Photography 
  Assumption of Granted Right of Public Exhibition 
 Art. 68. (1) (prev. text of Art. 68, amend. - SG 28/00, in force from 05.05.2000) The transfer of ownership of works of fine art and works cr eated by photographic or analogous method shall also 
transfer, unless agreed otherwise in writing, the transf er of the right of public exhibition of the works. 
 (2) (new - SG 28/00, in force from 05.05.2000) The transfer of the right of using architectural design, unless otherwise agreed, shall also transf er the right of public exhibition of the design. 
  
 Subsequent Use of Architectural Project  Art. 69. The written consent of the author sha ll be required for every subsequent use of the 
architectural project of an already completed building or other created object.   
 
Section VII. 
Use of Computer Programmes 
 
 Non-Mandatory Rules  Art. 70. Unless agreed otherwise, it shall be deemed that the person who has lawfully 
acquired the right to use a computer programme may use that programme, display it on a screen, 
execute it, transmit it, store it in the memory of computer, translate it, adapt it and introduce other 
changes in it as much as these actions are necessary for attaining the objective for which the right to 
use that programme was acquired, including for elimination of errors.   
 Mandatory Rules 
 Art. 71. The person who has lawfully acquired the right to use a computer programme may without the consent of the author and without payment of separate compensation:  1. make a back-up copy of the programme inso far as it is necessary for the respective use for 
which the program had been acquired; IP/N/1/BGR/C/3 
IP/N/1/BGR/E/1 Page 20 
 
 
   2. observe, study and test the functioning of the programme in order to determine the ideas 
and principles which underlie any of its elements as  much as this is done in the process of loading the 
programme, displaying it on a screen, running, transmitting or storing it in the computer memory on the condition that he is entitled to carry  out these actions pursuant to Art. 70; 
 3. (suppl. - SG 28/00, in force from 05.05.2000) translate the programming code from one 
form into another only if that is absolute ly necessary for obtaining information to achieve 
interoperability of an existing program with othe r programs and on the condition that the necessary 
information on how to do that is not readily pr ovided and that these acts are undertaken only in 
respect of such parts of the programme that ar e necessary to achieve interoperability. The obtained 
information shall not be used for the creati on and distribution of a computer programme 
insignificantly different from the programme the code  of which is being translated, nor for any other 
action that may infringe the copyrights in the programme.    Administration and Control of Software Assets by the Bodies of the State Authority and the 
Local Government 
 Art. 71a. (new – SG 77/02, in force from  01.01.2003; revoked – SG 99/05, in force from 
10.01.2006)    
Part two. 
RELATED RIGHTS AND OTHER SPECIAL RIGHTS (title suppl. - SG 77/02, in force from 
01.01.2003) 
 
Chapter eight. 
GENERAL PROVISIONS 
 
 Owners and Subject Matter of Related Rights (amend. - SG 28/00, in force from 05.05.2000)  Art. 72. Rights, related to the copyright, shall have:  1. the performers in their performances;  2. the producers of phonograms in their phonograms;  3. the producers of the initial record of a film or other audio-visual work in the original and 
the copies obtained as a result of this record; 
 4. the radio and television organisations in their programmes.    Collision with Copyrights  Art. 72a. (new - SG 28/00, in force from 05.05.2000) The related rights shall not be exercised 
in a way which may lead to infringement or restriction of copyrights. 
   Assumption of Ownership of Related Rights  Art. 72b. (new – SG 99/05, in force from 10.01. 2006) Unless proven otherwise owner of right 
under Art. 72 shall be considered the person whose name, firm or other identifying mark are indicated 
or mentioned in the usual way on the respective record , copies and/or their packing, or in the course 
of broadcasting the programme. 
   Exercising Related Rights through Organisations for Collective Administration  Art. 73. (suppl. - SG 28/00, in force from 05. 05.2000) The economic rights of the performers, 
producers of phonograms, producers of films and radi o and television organisations may be exercised 
by organisations for collective administration of ri ghts authorized by them  in compliance with the 
provisions of Art. 40.     IP/N/1/BGR/C/3 
 IP/N/1/BGR/E/1 
 Page 21 
 
 
  Chapter nine. 
RIGHTS OF THE PERFORMER 
 
 Owner of the Right 
 Art. 74. (amend. and suppl. - SG 28/00, in force from 05.05.2000) Performer shall be a person 
who presents, sings, plays, dances, declaims, acts, directs, conducts, comments, dubs roles or performs in other manner a work, circus or variet y performance, puppet show or a folklore work. 
   Moral Rights 
 Art. 75. (1) The performer shall have the following moral rights: 
 1. the right to require that his name, pseudonym or artistic name is indicated or announced in the usual manner at each live performance and at  each use of the recorded performance in any 
manner;  2. the right to require that the recorded perfo rmance is preserved entire and unmodified at its 
reproduction or use in any other manner. 
 (2) The right under item 1 of the preceding Paragr aph shall be inalienable. Transfer of the 
right referred to in item 2 may be  only explicit and in written form. 
   Economic Rights  Art. 76. (1) The performer shall have the exclusive right to permit for compensation: 
 1. (amend. - SG 99/05, in force from 10.01.200 6) wireless broadcasting of his performance, 
transmission and retransmission by cable, as well as sound or video recording of the performance, 
reproduction of the recordings on audio or video carriers and their distribution;  2. (amend. - SG 99/05, in force from 10.01.200 6) public performance, wireless broadcasting, 
transmission and retransmission by cable of these recordings. 
 3. (new - SG 28/00, in force from 05.05.2000; amend. - SG 99/05, in force from 10.01.2006) 
providing access to his recorded performance or part of  it by wireless means or by cable to unlimited 
number of people in such a way that it may be accessed from a place and at a time individually chosen by each of them.  4. (new – SG 77/02, in force from 01.01.2003) im port and export of copies of the recording of 
the performance in commercial quantity, regardless wh ether the copies are lawfully produced or in 
infringement of the rights referred to in item 1. 
 (2) Performing artists shall grant the rights under the preceding Paragraph by a written contract. The compensation may be negotiated as por tion of the revenues, single payment or in other 
form.  (3) Unless agreed otherwise in the contract  between the performer and the producer of 
phonograms, the performer shall be entitled to author ize other persons to record and distribute his 
performances as well. Any agreement limiting the right of the performer to grant such authorization 
shall not be valid for more than five years.  (4) (revoked - SG 28/00, in force from 05.05.2000)    Secondary Use 
 Art. 77. (amend. - SG 99/05, in force from 10.01.2006) The amount of the compensations of 
the performers and producers of phonograms fo r wireless broadcasting, transmission and 
retransmission by cable or for public performan ce through audio equipment or in other manner of 
their performances or phonograms which have been al ready made available to the public, shall be 
determined according to the order of § 5 of the Additional Provisions, where half of the amount shall 
be paid to the performers, and the other half to the producers of phonograms. 
   Participation in Filming  Art. 78. (1) (suppl. - SG 28/00, in force from 05.05.2000; amend. SG 99/05, in force from 10.01.2006) Unless agreed otherwise in the perfo rmance contract, it shall be deemed that the IP/N/1/BGR/C/3 
IP/N/1/BGR/E/1 Page 22 
 
 
  performer who has participated in the making of a fi lm or other audio-visual work has thereby granted 
to the producer of the work also  the right of public communication of the recorded performance, its 
wireless broadcasting, transmissi on and retransmission by cable, as well as its reproduction on video 
carriers and their distribution. 
 (2) A role performed by a performer in a film or another audio-visual work may be dubbed in 
the same language by another person only with th e consent of the performer who has performed the 
role.  (3) (New - SG 28/00, in force from 05.05.2000) The contracts under para 1 with performers playing main roles shall also stipulate extra compensation in percentage of each gross revenue of the 
producer from using the work. Their compensation sh all be paid, according to the contract, by the 
producer or by the respective users. Where their comp ensation shall be paid by the respective user, the 
producer shall be obliged to provide for this in the contracts for using the work concluded by him. If 
the compensation was not negotiated it shall be de termined according to agreement between the 
associations of the actors on one side and the producers or their associations on the other. 
 (4) (New - SG 28/00, in force from 05.05.2000) Performers playing main roles in the sense of 
para 3 shall be the persons announced in the captions  of the film in a way, unambiguously indicating 
that they are considered as such, until proven othe rwise. Where such indications are missing, taken 
into consideration shall be eventual explicit agr eements on this issue in the contract between the 
producer and the performer, and if it does not cont ain such agreements or the contract is not 
presented, taken into consideration shall be the explicit opinion of the scr iptwriter, presented in 
writing regardless at what time. 
 (5) (new – SG 77/02, in force from 01.01.2003) In case the television organisation is also a 
producer of a film or an audio–visual work, the pe rsons referred to in para  3 shall have right of 
additional compensation for each use of the work by  this organisation, where the amount of this 
compensation shall be determined according to para 3, sentences two and four. 
 (6) (new – SG 77/02, in force from 01.01.2003)  Persons performing a role in audio–visual 
work intended for advertising, shall have the right for the period, during which the work is 
communicated to the public, of add itional compensation as percentage of  the profit of the advertiser 
from the advertising activity, product or service in the country. This compensation shall be agreed in 
the contract between the producer and the advertis er. If the producer and the advertiser are not in 
direct contractual relation, the producer shall be ob liged to provide the payment of this compensation 
in his contract with the person, who has assigned the creation of the work. 
 (7) (new – SG 99/05, in force from 10.01.2006) Where the use under para 3 is in the form of 
rental or lending of copies, the provisions of Art. 22a shall be applied.    Authorization by Collective Performers 
 Art. 79. The participants in collective perform ances, such as choir, orchestra, ensemble and 
other artistic group, shall authorize in writing one  person to grant the auth orizations under this 
Chapter regarding the use of their performances. The soloists and the conductor, as well as the 
director of a performing art work shall provide authorization separately.    Indicating Names in Collective Performances 
 Art. 80. In respect of collective performance s the name of the ensemble or the group as a 
whole and the names of the soloists, the conductor and the director of the performing art work, unless 
agreed otherwise with these persons, shall be indicated or announced in the usual manner. 
   Performance under Employment Relationship 
 Art. 81. The authorization for use as referred to  in Art. 76, para 1 of a performance performed 
under employment relationship shall be granted by  the employer unless agreed otherwise with the 
performer.    IP/N/1/BGR/C/3 
 IP/N/1/BGR/E/1 
 Page 23 
 
 
   Duration 
 Art. 82. The rights of the performers shall expire  after fifty years. This term shall run from the 
first of January of the year following the year  in which the recording of the performance was 
published, or in case the recording was not publishe d or the performance was not recorded - from the 
beginning of the year following the year in which the first performance was held. 
   Protection of the Names of Artistic Groups  Art. 83. (1) (amend. and suppl. - SG 28/00, in force from 05.05.2000; amend. - SG 28/05; amend. - SG 99/05, in force from 10.01.2006) The name  of artistic group shall be registered by the 
Ministry of Culture according to order established by the Council of Ministers. For submission of 
application for registration, for making reference in  the register and for issuance of documents for 
facts entered into the register fees shall be collect ed in amounts determined by a tariff approved by the 
Council of Ministers.  (2) (new - SG 28/00, in force from 05.05.2000)  The names of the artistic groups shall be 
registered obligatorily in Cyrillic. Upon request of the applicant added to the registration may be the 
same name in other alphabet.  (3) (prev. text of para 02 - SG 28/00, in force from 05.05.2000) The name registered under para 1 shall not be used by other groups.  (4) (prev. text of para 03 - SG 28/00, in fo rce from 05.05.2000) Provided that another group 
has used the same or a similar name prior to the registration, it may request deletion of the 
registration. 
 (5) (prev. text of para 04 - SG 28/00, in force from 05.05.2000) Disputes over similarities of 
names, or over which group was the first to use a name, shall be settled by the court. 
 (6) (prev. text of para 05 - SG 28/00, in fo rce from 05.05.2000) The right of name under para 
1 shall be protected for a period of ten years afte r the artistic group has discontinued its activity. This 
term shall run from the first of January of th e year following the year of discontinuance. 
   Application by Analogy  Art. 84. (amend. and suppl. - SG 28/00, in force from 05.05.2000; amend. - SG 77/02, in force from 01.01.2003; amend. - SG 99/05, in force from 10.01.2006) The provisions of Art. 18, para 3, Art. 18a, 19, 21, 22, 22a, 23, Art. 24, para 1,  items 1, 6, 8, 12 and 14, Art. 25, para 1, item 2, 
Art. 25a, 26, 32, 33, 34, 36, 37 and Art. 58, para 1 shall be applied respectively also to the rights of 
the performers, and of Art. 66 – to the ri ghts of the persons under Art. 78, para 3. 
  
 
Chapter ten. 
RIGHTS OF THE PRODUCERS OF PHONOGRAMS 
 
 Owner of the Right  Art. 85. Producer of a phonogram shall be the natural or legal person who organises the first 
recording and provides its financing.   
 Economic Rights 
 Art. 86. (1) The producer shall have the ex clusive right to authorize for compensation: 
 1. reproduction and distribution of the phonogram;  2. (suppl. - SG 77/02, in force from 01.01.2003) import and export of copies of the phonogram in commercial quantity, regardless whether they have been manufactured legally or in 
infringement of the rights under item 1; 
 3. (amend. - SG 99/05, in force from 10.01.2006) public performance and wireless 
broadcasting and transmission and retr ansmission of the phonogram by cable. IP/N/1/BGR/C/3 
IP/N/1/BGR/E/1 Page 24 
 
 
   4. (new - SG 28/00, in force from 05.05.2000) providing access to the phonogram or part of it 
by wireless means or by cable to unlimited number  of people in such a way that it may be accessed 
from a place and at a time individually chosen by each of them.  (2) The producer may grant under contract some  of his rights under para 1 to other persons, 
including authors and performe rs of the recorded works. 
   Moral Rights  Art. 87. (1) The producer shall have the right to  require his name to be indicated in the usual 
manner on the sound carriers, including their cover a nd boxes, at the reproduction and distribution of 
the phonograms made by him. 
 (2) (revoked – SG 99/05, in force from 10.01.2006)    Secondary Use  Art. 88. (amend. - SG 99/05, in force from 10.01.2006) The compensations of the producers 
of phonograms due for wireless broadcasting, transm ission and retransmission by cable, or for public 
performance by sound equipment or other means of their phonograms that have been already made 
available to the public, shall be determined and pa id in the way and order provided by Art. 77. 
   Duration  Art. 89. (amend. - SG 77/02, in force from 01.01.2003) The rights of producers under this 
Chapter shall expire after fifty years. This term  shall run from the first of January of the year 
following the year in which the phonogram was made. If the phonogram was lawfully published during this period, the term shall run from the first of January of the year, following the year of this 
publishing. If the phonogram was not lawfully publis hed, but was lawfully made available to the 
public in another way during this period, the term shall start on the first of January of the year, 
following the year of making it available to the public. 
   Application by Analogy  Art. 90. (amend. - SG 28/00, in force from 10.01.2006; amend. - SG 77/02, in force from 01.01.2003; amend. - SG 99/05, in force from 10.01.2 006) The provisions of Art. 8, Art. 18, para 3, 
18a, 19, 21, 22, 22a, 23, Art. 24, para 1, items 1, 3,  6, 8, 11, 12, 13 and 14, Art. 25, para 1, item 2, 
Art. 25a, 26, 32, 33, 34 and 36 shall also apply respectively also to the producers of phonograms. 
   
Chapter ten. 
"A" RIGHTS OF THE FILM PRODUCERS (new  - SG 28/00, in force from 05.05.2000) 
 
 Contents of the Right  Art. 90a. (1) The producer of the initial recordi ng of the film or another audio-visual work 
shall have in respect of the original of the film  and the copies of it, obtained as a result of this 
recording, an exclusive right to authorize for payment:  1. their multiplication; 
 2. their public showing; 
 3. their wireless broadcasting;  4. (amend. - SG 99/05, in force from 10.01.2006) their transmission and retransmission by cable;  5. their reproduction; 
 6. their distribution; 
 7. their translation, dubbing and subtitling;  8. (amend. - SG 99/05, in force from 10.01.2006) providing access to the film or part of it by wireless means or by cable to unlimited number of people in such a way that it may be accessed from a place and at a time individuall y chosen by each of them;  IP/N/1/BGR/C/3 
 IP/N/1/BGR/E/1 
 Page 25 
 
 
   9. (new – SG 77/02, in force from 01.01.2003) the import and the export of copies of the film 
in commercial quantity, regardless of whether th ey have been manufactured lawfully or in 
infringement of the right referred to in item 1 or item 5.  (2) The producer shall have the right to require his name or firm to be indicated in the usual 
manner at using the film. 
   Duration  Art. 90b. (new – SG 28/00, in force from 05.05.2000) The rights of the producer under this Chapter shall expire after fifty years. The terms shall run from the first of January of the year 
following the year of making the film available to the public, and if it was not made available to the 
public - from the beginning of the year following the year of its creation.    Application by Analogy  Art. 90c. (new – SG 28/00, in force from 05.05.2000; amend. - SG 77/02, in force from 
01.01.2003; amend. - SG 99/05, in force from 10.01.2 006) The provisions of Art. 8, Art. 18, para 3, 
Art. 18a, 19, 21, 22, 22a, 23, Art. 24, para 1, items 1,  2, 3, 6, 8, 11, 12, 13 and 14, Art. 25, para 1, 
item 2, Art. 25a, 26, 32, 33, 34 and 36 shall apply respectively also to the film producers.    
Chapter eleven. 
RIGHTS OF RADIO AND TELEVISION ORGANISATIONS 
 
 Contents of the Rights  Art. 91. (1) (amend. - SG 28/00, in force from 05.05.2000; amend. - SG 77/02, in force from 01.01.2003) The radio and televi sion organisation which has carried out the initial broadcasting or 
transmission of its own programme shall have exclusive right to authorize for payment: 
 1. (amend. - SG 99/05, in force from 10.01.200 6) wireless rebroadcasting or retransmission 
by cable of the programme;  2. the recording, the reproduction and the di stribution of the recordings of the programme; 
 3. (amend. - SG 99/05, in force from 10.01.200 6) providing access to the programme or part 
of it by wireless means or by cable to unlimited number of people in such a way that it may be 
accessed from a place and at a time individually chosen by each of them; 
 (2) The provision of the preceding Paragraph shall also apply where a programme sent by a radio or television organisation through signal to a communications satellite, is rebroadcasted, 
retransmitted, recorded, reproduced or distributed by other persons.  (3) (new - SG 28/00, in force from 05.05.2000) Where the radio and television organisation 
under para 1 or a person authorised by it restricts the circle of persons receiving its programme by 
encrypting the signal containing it, the authorization shall be considered granted only on the condition 
that the decrypting device is provided by the br oadcasting organisation or with its consent. 
 (4) (new - SG 28/00, in force from 05.05.2000) For each use of the programme in the sense of para 1 the using organisation shall be obliged to indicate in a suitable way the name of the organisation which has carried out the first broadcasting or transmission of the programme. 
 (5) (new – SG 77/02, in force from 01.01.2003; amend. - SG 99/05, in force from 10.01.2006) 
Where a radio or television organisation aut horizes the simultaneous, entire and unmodified 
broadcasting of its programme through the cable netw ork of another organization, the authorization 
granted by the radio or television organization sha ll explicitly include also the rights of broadcasting 
and transmission of the works included in the programme if these rights have been duly granted to it. 
  
 Duration  Art. 92. The rights of radio and television orga nisations under this Chapter shall expire after 
fifty years. This term shall run from the first of January of the year following the year in which the 
programme was broadcasted or transmitted for the first time. IP/N/1/BGR/C/3 
IP/N/1/BGR/E/1 Page 26 
 
 
    
 Application by Analogy  Art. 93. (amend. - SG 77/02, in force from 01.01.2003; amend. - SG 99/05, in force from 10.01.2006) The provisions of Art. 8, Art. 18, para 3, Art. 18a, 19, Art. 21, para 1, 22, 23, Art. 24, 
para 1, items 1, 2, 3, 8, 12, 13 and 14, Art. 25a and 36 shall respectively appl y also to the radio and 
television organisations.    Certifying the Right to Manufacturing and Distribution  Art. 93a. (new – SG 10/98; revoked – SG 28/00, in force from 05.05.2000) 
  
 
Chapter eleven. 
"a" RIGHTS OF THE MAKERS OF DATABASES (n ew – SG 77/02, in fo rce from 01.01.2003) 
  Owner of the Right 
 Art. 93b. (new – SG 77/02, in force from 01.01.2003) (1) Owner of the right shall be the maker of the database.  (2) Maker of database shall be the natural or legal person, who has take n the initiative and the 
risk to invest in collecting, verifying or using th e contents of a database, if this investment is 
significant in qualitative or quantitative respect. 
  
 Contents of the Right  Art. 93c. (new – SG 77/02, in force from 01. 01.2003) (1) The maker of database shall have 
the right to prohibit:  1. the extraction through permanent or temporary transfer of the contents of the database or its 
significant in quantitative or qualitative respect part to  another carrier by any means or in any form; 
 2. re-utilization of the contents of the datab ase or a substantial in qualitative or quantitative 
respect part of it by making it available to the public by any means or in any form, including by distribution of copies, renting or by providing in digital way.  (2) Lending shall not be considered extrac tion or re-utilization in the sense of para 1. 
 (3) The right of para 1 may be tran sferred or granted to other persons. 
 (4) The maker of database shall have the right  to prohibit the activities referred to in para 1 
also regarding insubstantial part of its contents, when these activities are carried out repeatedly and 
systematically in a way conflicting with its nor mal exploitation or may prejudice the legitimate 
interests of the maker.   
 Exhaustion of the Right 
 Art. 93d. (new – SG 77/02, in force from 01.01.2003) (1) (amend. and suppl. - SG 99/05) (*) The first sale on the territory of the Member States of the European Union of a material copy of a 
database by the owner of the right referred to in Art.  93c or with his consent shall exhaust his right to 
control the further selling of its copy on this territory.  (2) Where a database is transferred in digita l form, including in communication network, the 
right referred to in Art. 93c shall not exhaust rega rding the materialised copies of the database made 
by the recipient with the consent of the owner of this right.    Collision with Other Rights  Art. 93e. (new – SG 77/02, in force from 01.01.2003) (1) The right referred to in Art. 93c 
shall arise regardless of whether the database or the pa rts of its contents are protected by copyright or 
related rights.  (2) The right referred to in Art. 93c may not be exercised in a way, which could lead to infringement or restriction of copyright or re lated rights in the contents of the database. 
   IP/N/1/BGR/C/3 
 IP/N/1/BGR/E/1 
 Page 27 
 
 
   Rights and Obligations of the Lawful Users 
 Art. 93f. (new – SG 77/02, in force from 01.01.2003) (1) (new – SG 99/05, in force from 10.01.2006) The person who has lawfully acquired the right to use a database or copy of it may freely 
carry out in respect of it the activities referred to in Art.  18, para 2, items 1, 2, 3, 4, 5, 7 and 8 as well 
as activities related to the results eventually obtaine d from the translation, ad aptation, processing and 
whatever other modifications which he has made to it when this is necessary to access the contents of 
the database and for its normal use. Where this pers on has right to use only part  of the database, this 
provision shall be applied only with regard to this Part. 
 (2) (prev. text of para 01 – SG 99/05, in force from 10.01.2006) Where a database has been 
many available to the public in whatever manner,  its maker may not prevent the extraction or re-
utilization of insubstantial part of  its contents for any purposes by a person, who has acquired in a 
lawful way access to it. Where the lawful user h as right to extract or re-utilize only part of the 
database, this provision sha ll apply only to that Part. 
 (3) (prev. text of para 02 – SG 99/05, in for ce from 10.01.2006) The lawful user of a database 
which has been made available to the public in whatever manner may not carry out activities which 
conflict with its normal exploitation or prej udice the legitimate interests of its maker. 
 (4) (prev. text of para 03 – SG 99/05, in for ce from 10.01.2006) The lawful user of data base 
which has been made available to the public in whatever manner may not infringe the rights of the 
owner of the copyright or related right in the works or subject matter contained in it.  (5) (new – SG 99/05, in force from 10.01.2006) Any agreement contradicting to the 
provisions of para 1, 2, 3 and 4 shall be invalid. 
   Exceptions  Art. 93g. (new – SG 77/02, in force from 01.01.2003) The lawful user of a database which has been made available to the p ublic in whatever manner may, without the consent of its maker, 
extract or re-utilize in the sense of Art. 93c a substa ntial part of its contents in the following cases: 
 1. extraction for personal use of contents of a database of non-electronic form;  2. extraction without commercial purpose for illustration for teaching and scientific research 
to extent justified by the purpose as long as the source is indicated;  3. extraction or re-utilization for the purposes of the national security or in the administrative or court procedures. 
  
 Duration  Art. 93h. (new – SG 77/02, in force from 01.01.2003) (1) The rights referred to in Art. 93c shall expire after fifteen years. The term shall r un from the first of January of the year following the 
year of completion of the making of the database. 
 (2) In case the database has been made availa ble to the public in whatever manner before the 
expiration of the term referred to in para 1, the te rm shall run from the first of January of the year, 
following the year of making it available to the public.  (3) Each new substantial investment in the database leading to significant change in the 
contents of the database shall qualify the part r esulting from this investment  for its new independent 
term of protection. 
  
 IP/N/1/BGR/C/3 
IP/N/1/BGR/E/1 Page 28 
 
 
  Part three. 
ENFORCEMENT OF COPYRIGHT AND RELATED RIGHTS 
 
Chapter twelve. 
CIVIL LAW ENFORCEMENT 
 
 Claim for Indemnification  Art. 94. (amend. - SG 99/05, in force from 10.01.2006) (1) Whoever infringes copyright, related right or other right under this law, shall ow e indemnification to the owner of the right or the 
person who has been granted exclusive right of use. 
 (2) Indemnification shall be due for all dama ges which are direct and immediate consequence 
of the infringement.  (3) At determining the amount of the indemnifi cation the court shall take into consideration 
also all circumstances related to the infringement, the lost profits and moral damages as well as the 
revenues realized by the infringer due to the infringement. 
 (4) The court shall determine fair indemnifi cation having preventive and warning influence to 
the infringer and the other members of the society.    Special Cases of Claim for Indemnification  Art. 94a. (new – SG 99/05, in force from 10.01.2006) (1) Where the claim has been 
determined by ground but there is no sufficient da ta about its amount the claimant may require for 
indemnification:  1. from five hundred to hundred thousand BGN, where the exact amount shall be determined by assessment of the court under the conditi ons of Art. 94, para 3 and 4, or 
 2. the equivalent of the subject matter of the infringement at retail price of lawfully 
reproduced copies. 
 (2) At determining the indemnification referred to in para 1, the revenues received as a result 
of the infringement shall also be taken into consideration.    Other Claims  Art. 95. (1) (amend. - SG 28/00, in force from 05.05.2000; amend. - SG 77/02, in force from 
01.01.2003; prev. text of Art. 95 – SG 99/05, in force from 10.01.2006) Where a work, subject matter 
under Art. 72 or databases under Chapter eleven "a" are used in infringement of the provisions of this 
Law, the owner of the copyright or the person to wh om the he has granted exclusive right to use, may 
bring an action before the court for:  1. (new – SG 99/05, in force from 10.01.2006) finding the fact of the infringement; 
 2. (amend. - SG 77/02, prev. text of item 01 – SG 99/05, in force from 10.01.2006) 
discontinuance of the illegitimate use or prohibition  of implementation of the activity, which will 
constitute illegitimate use;  3. (suppl. - SG 77/02, in force from 01.01.2003; prev. text of item 02 – SG 99/05, in force from 10.01.2006) seizing and destroying illegitimate ly produced copies of the work, the subject 
matter under Art. 72 or the databases under Chapter El even "a", including negatives, master copies, 
printing forms and others used for the purposes of reproduction of copies; 
 4. (suppl. - SG 28/00, in force from 05.05.2000; prev. text of item 03 – SG 99/05, in force from 10.01.2006) seizing and pulling out of operation the copying, reproducing and decryption equipment used exclusively for committing violations;  5. (amend. - SG 28/00, in force from 05.05.2000; prev. text of item 04, amend. - SG 99/05, in 
force from 10.01.2006) conceding the objects under item 3. 
 6. (new – SG 99/05, in force from 10.01.2006) announcing to the account of the infringer of the operative part of the court decision in two daily  newspapers and in tele vision organization with 
national coverage at time determined by the court.  IP/N/1/BGR/C/3 
 IP/N/1/BGR/E/1 
 Page 29 
 
 
   (2) (new – SG 99/05, in force from 10.01.2006) Seizure in the sense of para 1, items 3 and 4 
may be requested both of objects being at a certain place and of subjects being in the commercial network as a whole.   
 Special Claimants 
 Art. 95a. (new – SG 99/05, in force from 10.01. 2006) (1) Besides the owners of the respective 
right and the persons granted exclus ive right of use, right of claim under Art. 94, 94a and 95 shall also 
have:  1. the organizations for collective administrati on of rights according to Art. 40, para 7, and 
 2. the professional protection organizations of the owners of rights. 
 (2) (amend. – SG 59/07, in force from 01.03.2 008) The organizations referred to in para 1 
may lay claims and request measures only in respect  of rights which have been assigned to them for 
administration, respectively – for protection. In these cases the provision of Art. 26, para 4 of the Civil 
Procedure Code shall not be applied. 
  
 Liability  Art. 95b. (new – SG 99/05, in force from 10.01.2006) The legal persons and the sole entrepreneurs shall bear civil responsibility for the infringement of rights under this law guiltily 
perpetrated by the persons representing them, resp ectively by their employees or persons hired by 
them. In this case the guilt shall be assumed until proven otherwise. 
  
 Providing Evidence in Claim and Securing Procedures  Art. 95c. (new – SG 99/05, in force from 10. 01.2006) (1) Where the claimant has presented 
evidence supporting his claims and has also pointed out other evidence of significance for the solution 
of the case which is under the control of the defe ndant the court can oblige the defendant to present 
this evidence. 
 (2) Under the conditions of para 1, upon requ est of the claimant the court can oblige the 
defendant to provide opportunity for acquainting with bank, financial and commercial documents 
which are under his control.  (3) The claimant shall be obliged not to a nnounce the information contained in the documents 
of para 2. 
 (4) The presentation of evidence for single or  one time unlawful use of protected subject 
matter under this law shall be accepted to be sufficien t ground for applying the provisions of para 1 
and 2.  (5) The existence of the circumstances conn ected with claimed infringement may also be 
established by the presentation of evidence for singl e or one time unlawful use of subject matter 
protected under this law. 
   Requesting Information about the Origin and the Distribution Networks upon Infringement 
 Art. 95d. (new – SG 99/05, in force from 10.01.2006 (1) The court may upon request by the claimant to oblige the defendant or third person to  present information about circumstances which are 
of importance for resolving the case. 
 (2) Third person in the sense of para 1 shall be each person who: 
 1. keeps goods – subject of infringement, or  2. provides services leading to infringement, or  3. uses services representing infringement, or  4. has been pointed out by person under items 1 – 3 as participant in the manufacturing, 
production or distribution of these goods or services. 
 (3) The information referred to in para 2 may include:  1. the names and the addresses of the producer s, manufacturers, distributors, suppliers and 
other persons who have been prev iously holders of the goods or the services as well as the supposed 
wholesale and retail distributors; IP/N/1/BGR/C/3 
IP/N/1/BGR/E/1 Page 30 
 
 
   2. information about the produced, manufactur ed, supplied, received or ordered quantities as 
well as the resources received for the goods or services in question.  (4) Para 1 shall not be applied when its im plementation may lead to infringement of a 
provision of another law. 
 (5) The provisions of para 1 – 3 shall be applie d only for acts carried out for direct or indirect 
economic or commercial benefit.    Competent Courts  Art. 96. Disputes under this Law shall be settled by the district courts. 
  
 Security Measures  Art. 96a. (new - SG 28/00, in force from 05.05.2000 г.) (1) (amend. SG 77/02, in force from 
01.01.2003; amend. - SG 99/05, in force from 10.01.2006) In case of infringement of a copyright, related right or right under Art. 93c, or where e nough data is available to consider that such 
infringement will be committed or some evidence will be lost, destroyed or concealed, the court upon 
request by the owner of the respective right or the person who has been granted exclusive right of use 
may, without informing the person with regard to wh om security measure is required, admit also some 
of the following measures:  1. (amend. - SG 77/02, in force from 01.01.2003) prohibition of carrying out the activity which is claimed to constitute or  will constitute illegal use of a work, subject matter under Art. 72 or 
database under Chapter eleven "a"; 
 2. (amend. - SG 77/02, in force from 01.01.2003; amend. - SG 99/05, in force from 10.01.2006) seizure of the copies of the work, th e subject matter under Art. 72 or the databases under 
Chapter eleven "a" which are claimed to be illega lly reproduced, the negatives, the matrices, the 
cliches and the like, intended for reproduction of  the copies, as well as other evidence of importance 
for proving the infringement; 
 3. seizure or sealing of the equipment which is claimed to have been used or will be used for 
infringement;  4. sealing of the premises in which infringement  is claimed to have been committed or will be 
committed.  (2) (amend. - SG 99/05, in force from 10.01.2006; amend. – SG 59/07, in force from 
01.03.2008) The admission, imposing and revocation of the security measures shall be carried out 
according to the order referred to in Art. 389 -403  of the Civil Procedure Code, with exception of 
Art. 398, first sentence and as much as this law does not stipulate otherwise.  (3) The security measure prohibition of carrying out the activity shall be imposed by its announcement by the court. 
 (4) (amend. - SG 43/05, in force from 01.09.2005; amend. - SG 99/05, in force from 
10.01.2006) The security measures under para 1, item 2,  3 and 4 shall be imposed by state or private 
bailiff who shall carry out the act simultaneously  with the handing over of the announcement for 
admitting the security to the defendant in three da ys term after receiving the application of the 
claimant to the bailiff. The security measures ad mitted for prevention of forthcoming infringement 
shall be imposed in term complied with its purpos e. The seized property shall be submitted by an 
inventory for keeping to the claimant who can use it solely as an evidence. 
 (5) The claimant or his representative shall ha ve the right to attend and assist the imposition 
of the provisional measures.  (6) (revoked - SG 43/05, in force from 01.09.2005)  (7) If it is found that an imposed security measure  has been requested without justification the 
defending party may require from the person who h as requested it to pay the damages caused as a 
result of the provisional measure.  (8) (new – SG 99/05, in force from 10.01.2006) The security measure referred to in para 1, 
item 1 may be imposed also to third persons for whom  sufficient data is available that they facilitate 
the implementation of the activity for which is cl aimed to represent or will represent unlawful use.  IP/N/1/BGR/C/3 
 IP/N/1/BGR/E/1 
 Page 31 
 
 
   (9) (new – SG 99/05, in force from 10.01.2006) The owner of the respective right or the 
person to whom he has granted exclusive right of  use shall be obliged not to announce information 
that has become known to him at or on occasion of the measures referred to in para 1.   
 
Chapter twelve. 
"A" BORDER MEASURES (new - SG 28/00, in force from 05.05.2000) 
 
 Grounds and Field of Application 
 Art. 96b. (new - SG 28/00, in force from 05.05.2000) (1) (amend. - SG 77/02, in force from 
01.01.2003) The owner of copyright, related right  or right under Art. 93c, as well as the person who 
has been granted exclusive right of use may request  from the customs bodies to suspend goods carried 
through the state border of the Republic of Bulgaria for which there are grounds to consider that they infringe a right protected by this Law. For coveri ng the expenses for the suspension a fee shall be due 
the amount of which shall be determined by a tariff approved by the Council of Ministers. 
 (2) Where the applicant has his residence or seat  outside the country, he has to indicate legal 
address on the territory of the Republic of Bulgaria.  (3) The provisions of this Chapter shall al so apply to the temporary import and export. 
 (4) (amend. - SG 99/05, in force from 10.01.2006) Goods of non-commercial character carried as part of the luggage of passengers under th e condition that they are in quantity set for duty 
free import or export shall not be suspended. 
   Procedure of Suspension  Art. 96c. (new – SG 28/00, in force from 05. 05.2000) (1) The suspension shall be carried out 
upon written application by a person under Art. 96b, para 1, accompanied by evidence regarding the 
rights of the applicant and the grounds to consider them being infringed. 
 (2) (amend. - SG 99/05, in force from 10.01.200 6) Where it is found that the circumstances 
under Art. 96b, para 1 are present, th e customs bodies shall suspend the goods. 
 (3) The customs bodies shall inform immediately the claimant, the sender and the recipient of 
the goods about the suspension. The same persons sh all have the right to inspect the suspended goods 
and to receive information about them. 
 (4) (amend. - SG 99/05, in force from 10.01.2006) If, within 10 working days from being 
notified according to para 3 about the suspension,  the applicant does not provide evidence that a 
procedure has been initiated before the respective court for decision on the merits of the case or that a 
security has been admitted, the customs bodies shall release the suspended goods on condition that all 
requirements for regular import or export have been  observed. The term may be extended by ten days 
upon reasoned request by the applicant. 
 (5) (amend. - SG 99/05, in force from 10.01.2006) The competent bodies before which the legal procedure under para 4 has been initiated shall rule upon appeal of the interested party whether 
the measures of suspension must be  confirmed, amended or revoked. 
 (6) (new – SG 99/05, in force from 10.01.2006; amend. - SG 30/06, in force from 12.07.2006) The refusal of the customs bodies to satisfy the application for suspension of the goods shall be 
subject to appeal by the order of the Administrative Procedure Code. 
 (7) (prev. text of para 06 – SG 99/05, in force from 10.01.2006) Where the request for suspension has not been followed by a procedure u nder para 4 or it was found to be ungrounded the 
affected party shall have the right of indemnification.   
 Actions on the Initiative of the Customs Bodies 
 Art. 96d. (new – SG 28/00, in force from 05.05.2000) (1) The customs bodies may at their initiative or upon request of another state body suspend goods for which they have grounds to 
consider them infringing a right protected by this Law. IP/N/1/BGR/C/3 
IP/N/1/BGR/E/1 Page 32 
 
 
   (2) In these cases the custom s bodies shall inform immediately the persons under Art. 96b, 
para 1, the sender and the recipient of the goods and shall provide them possibility to inspect the 
suspended goods. The customs bodies may request from the owner of copyright or related rights any 
information for carrying out expertise. 
 (3) (amend. - SG 30/06, in force from 12.07.2006) The decision under para 1 may be 
appealed by the order of the Administrative Procedure Code.  (4) If, within 10 working days from suspension of the goods, procedure for decision on the merits of the case before the respective court does not follow or there is not a court ruling for 
admitting of security, the customs bodies shall relea se the suspended goods on  condition that all the 
requirements for regular import or export have been observed. 
 (5) The customs bodies shall not be liable for the actions on suspension of the goods taken by them in good faith.    Additional Stipulation 
 Art. 96e. (new – SG 28/00, in force from 05.05.2000) An ordinance shall be issued by the 
Council of Ministers for the implementation of this Chapter.    
Chapter thirteen. 
PENAL ADMINISTRATIVE PROVISIONS 
 
 Penalties  Art. 97. (1) (amend. - SG 10/98) Whoever commits the following in offence of this Law:  1. (amend. - SG 28/00, in force from 05.05.2000;  amend. and suppl. - SG 99/05, in force from 
10.01.2006) reproduces and distributes video carriers holding reproduced films or other audio-visual 
works, performances, records of films or other audio-visual works; 
 2. (amend. - SG 28/00, in force from 05.05.2000;  amend. and suppl. - SG 99/05, in force from 
10.01.2006) reproduces and distributes audio carri ers holding reproduced works, performances or 
phonograms;  3. organises in any manner whatsoever communicat ion to the public of films or other audio-
visual works; 
 4. (amend. - SG 28/00, in force from 05.05.200 0) offers sound or video recording services to 
third parties with the purpose to prepare single copi es of works or other objects, protected by this 
Law;  5. organises live or recorded public  performance and presentation of works; 
 6. (amend. - SG 99/05, in force from 10.01.2 006) wireless broadcasting, transmission or 
retransmission by cable of works, performances, phonograms, records of films or other audio-visual 
works or radio or television programmes;  7. (amend. - SG 28/00, in force from 05.05.2000; amend. - SG 99/05, in force from 10.01.2006) publishes, reproduces or di stributes already published works; 
 8. (amend. - SG 28/00, in force from 05.05.2000) owns a computer programme knowing or having grounds to suppose that this is illegal; 
 9. (new - SG 28/00, in force from 05.05.2000; amend. - SG 99/05, in force from 10.01.2006) 
reproduces, preserves in the memory of computer, distributes or uses in another way computer programmes;  10. (new – SG 28/00, in force from 05.05.2000) reproduces or distributes works of the applied art, design and the national artistic crafts, phot ographic works and works created by a process 
analogous to photography; 
 11. (new - SG 28/00, in force from 05.05.2000; amend. - SG 77/02, in force from 01.01.2003) illegally uses a work under Art. 3, para 1, items 6 and 8;  IP/N/1/BGR/C/3 
 IP/N/1/BGR/E/1 
 Page 33 
 
 
   12. (new – SG 99/05, in force from 10.01.2006) saves in digital form on electronic carrier 
films or other audio–visual works, musical com positions, performances, phonograms, records of films 
or other audio – visual works;  13. (new – SG 99/05, in force from 10.01.2006)  provides access to the work, the object under 
Art. 72 or part of it by wireless means or by cable to unlimited number of people in such a way that it 
may be accessed from a place and at a time individually chosen by each of them;  14. (new - SG 28/00, in force from 05.05.2000; prev. text of item 12 – SG 99/05, in force from 10.01.2006) obstructs the implementation of the securing measure under Art. 96a;  15. (new – SG 77/02, in force from 01.01.2003; prev. text of item 13, amend. - SG 99/05, in 
force from 10.01.2006) does not fulfil their obligation under Art. 20a, para 6, Art. 26, para 2 and 8, 
Art. 95c, para 3 or Art. 96a, para 9;  16. (new – SG 77/02, in force from 01.01.2003; prev. text of item 14 - SG 99/05, in force from 10.01.2006) violates a prohibition under Art. 93c, (amend. - SG 99/05, in force from 10.01.2006) shall be punished with fine or proprietary sanction in 
amount from three hundred to three thousand BGN, if he /she is not subject to graver penalty and the 
subject matter of the violation, regardless of the ow nership, shall be seized in favour of the state and 
shall be submitted for destruction by the bodies of the Ministry of Interior.  (2) (amend. - SG 10/98; suppl. - SG 28/00, in force from 05.05.2000; suppl. - SG 77/02, in force from 01.01.2003) Repeated and subsequent offence under para 1 committed within one year 
from the imposition of the previous penalty, shall be  punished by a fine or proprietary sanction from 
one thousand to five thousand BGN and the subj ect matter of the violation regardless of the 
ownership shall be seized in favour of the state and shall be submitted  for destruction by the bodies of 
the Ministry of Interior.  (3) In event of systematic offences the fac ility where these offences have been committed, 
such as a store, studio, establishment, cinema, theatre,  company's head office, etc. shall be closed for a 
period from three to six months. 
 (4) (amend. - 10/98; amend. - SG 99/05, in  force from 10.01.2006) Organisation conducting 
collective administration of rights under this Law acti ng in violation of Art. 40, para 4 shall be fined 
with proprietary sanction of five hundred BGN.  (5) (new - SG 28/00, in force from 05.05.2000)  The sanctions under para 1 or 2 shall be 
imposed to a person who produces, distributes, advertises or imports, as well as possesses with a 
commercial purpose a decoding device able to provide access to encrypted signal to persons outside 
the audience determined by the broadcasting organisation.  (6) (new - SG 28/00, in force from 05.05.2000; amend. and suppl. - SG 77/02, in force from 01.01.2003; suppl. - SG 99/05, in force from 10.01. 2006) The sanctions under para 1 or 2 shall be 
imposed to a person who intentionally removes, damag es, destroys or disrupts or in other way evades, 
without having right to do that, technological means for protection used by owners of rights protected 
by this law, provided that he knows or there are grounds to suppose that these means have such 
functions.  (7) (new – SG 77/02, in force from 01.01.2003; amend. - SG 99/05, in force from 10.01.2006) The sanctions under para 1 or 2 shall also be impo sed to a person, who produces, imports, distributes, 
sells, rents, offers for sale, advertises with purpose of sale or rent or possess with commercial purpose 
devices, products or components of pr oducts, or provides services, which: 
 1. are offered or advertised as means for evading of technological measures for protection, or  2. have only limited commercial purpose or a pplication different from this to be evaded 
technological measures for protection, or  3. are basically intended, prod uced, adapted or used to make possible or to facilitate the 
evasion of technological measures for protection. 
 (8) (new - SG 28/00, in force from 05.05.2000; prev. text of para 07 – SG 77/02, in force from 01.01.2003) The sanctions under para 1 or 2 sh all also be imposed to a person who, without 
having the right to do that and knowing or having gr ounds to know that this act will cause, allow, 
facilitate or conceal infringement of a right protected by this Law: IP/N/1/BGR/C/3 
IP/N/1/BGR/E/1 Page 34 
 
 
   1. removes or changes information in electr onic form about the regime of the rights on a 
subject matter of copyright or related right;  2. (amend. - SG 99/05, in force from 10.01.2006) distributes, including by importation for distribution, publicly performs, broadcasts by wire less means, transmits or retransmits by cable a 
subject matter of copyright or related right, as well as  offers access to unlimited number of persons to 
such subject matter in a way allowing this access fr om a place and in time individually chosen by 
each of them, knowing that the information in electr onic form about the regime of the rights on this 
subject matter has been removed or changed without the right to do that.  (9) (new - SG 28/00, in force from 05.05.2000; prev. text of para 08 – SG 77/02, in force 
from 01.01.2003; amend. - SG 99/05, in force from 10.01.2006) Information about the regime of the 
rights in the context of para 8 is any information allowing the identification of the subject matter of 
copyright or related right, the owner of the right, as well as information about the conditions of use of the subject matter, as well as any number and code  representing such information on condition that 
any of these elements of the information is present on  the copies of the subject matter or appears in 
connection with its communication to the public. 
   Detection of the Offences and Competences of the Officials (title amend. - SG 99/05, in force 
from 10.01.2006)  Art. 98. (amend. - SG 99/05, in force from 10.01.2006) (1) The offences under Art. 97 shall be detected by an act which shall be prepared by officials determined by an order of the Minister 
responsible for the culture after inspection in coope ration with the bodies of the Ministry of Interior. 
 (2) The officials referred to in para 1 shall have right to:  1. request access to the sites subject  to control and to inspect them; 
 2. request the necessary documents related to the inspections held;  3. impose measures for ensuring evidence by sei zure of durable material carriers containing 
subject matter protected by the law connected  with the detection of the violation. 
 (3) The officials referred to in para 1 shall be obliged to: 
 1. reflect precisely the facts detected at the inspection in the act for offence; 
 2. preserve the official and the commercial secret that has become known to them in 
connection with the inspections;  3. not publicly announce data from the inspections; 
 4. use the information from the inspections only for the purposes of the procedure regarding 
the offence.    Record on Seizure  Art. 98a. (new – SG 99/05, in force from 10.01. 2006) (1) Durable material carriers containing 
subject matter protected by the law connected with th e offence shall be seized by the officials referred 
to in Art. 98, para 1 with a record.  (2) In the record under para 1 shall be pointed  out: the date and the place of the actions; time 
when the actions have started and finished; pers ons who have participated; detected facts and 
circumstances; any requests made, notes and objections if available; collected evidence – number, types of carriers, as well as other data. 
 (3) The record shall be signed by the person carrying out the actions, by the inspected person 
and at least one witness.  (4) In case the inspected person refuses to sign the record or is absent, it shall be signed by at 
least one more witness.   
 Obligation for Cooperation 
 Art. 98b. (new – SG 99/05, in force from 10.01.2006) The persons at whom the inspection 
referred to in Art. 98, para 1 is  carried out shall be obliged to: 
 1. ensure unimpeded acces s to the checked subjects;  IP/N/1/BGR/C/3 
 IP/N/1/BGR/E/1 
 Page 35 
 
 
   2. render cooperation to the officials on th e occasion of the inspection being implemented; 
 3. provide documents and evid ence requested by the official. 
   Imposing and Executing the Administrative Penalties 
 Art. 98c. (new – SG 99/05, in force from  10.01.2006) (1) The Punitive Decrees shall be 
issued by the Minister responsible for the culture or by official authorized by him.  (2) The penalties fine or proprietary sanction shall be performed voluntary within a term of 
7 days after the Punitive Decree or the decision of  the court with which they have been imposed 
enters into force. Fifty percent of the amounts shall be submitted to the account of National Fund 
"Culture" and the rest – to the budget of the Ministry of Culture. 
 (3) (amend. - SG 105/05, in force from 01.01.2006; amend. – SG 12/09, in force from 01.05.2009) After the expiration of the term referre d to in para 2 a copy of the Punitive Decree shall 
be sent to the National Revenue Agency for enforcem ent of the imposed fine or proprietary sanction 
according to the order of the Tax Insurance Procedure Code. 
 (4) After the Punitive Decree or the court decisi on enter into force the durable carriers seized 
in favour of the state shall be delivered for destru ction to the bodies of the Ministry of Interior. 
   Application of the Law for the Ad ministrative Offences and Sanctions 
 Art. 98d. (new – SG 99/05, in force from 10.01.2006) Unless otherwise provided by this Chapter, the detection of the offences, issuing, appealing and enforcement of the Punitive Decrees 
shall be carried out according to the order of th e Law of the Administrative Offences and Sanctions. 
   
Part four. 
APPLICABLE LAW 
 
 Law Applicable to Works  Art. 99. (1) This Law shall apply to:  1. (amend. - SG 77/02, in force from 01.01.2003) works which authors are citizens of the Republic of Bulgaria or whose permanent address is  in it regardless of where the works have been 
published for the first time; 
 2. (new – SG 99/05) (*) works which authors ar e citizens of a Member State of the European 
Union or persons who have permanent address in such  State regardless of where the works have been 
published for the first time;  3. (amend. - SG 77/02, in force from 01.01.2003; prev. text of item 02 – SG 99/05) (*) works whose authors are citizens of a State with which the Republic of Bulgaria is bound by a copyright 
treaty, or persons with permanent address in such  a State regardless of where the works have been 
published for the first time;  4. (prev. text of item 03 – SG 99/05) (*) works published for the first time or incorporated as 
architectural projects on the territory of the Republic of Bulgaria or on the territory of a State which 
has a copyright treaty with the Republic of Bulgar ia, regardless of the nationality of the authors; 
 5. (prev. text of item 04 – SG 99/05) (*) wo rks which have been published for the first time 
on the territory of a State with which the Republic of Bulgaria is not bound by a copyright treaty but 
simultaneously or within thirty days have been pub lished on the territory of the Republic of Bulgaria 
or on the territory of a State with which the Republic of Bulgaria has such treaty. 
 (2) Where this Law is applied to works created by citizens of other states or to works which 
have been published abroad first the owner of th e copyright shall be determined according to the 
respective foreign law. 
 (3) (new - SG 28/00, in force from 05.05.2000)  In respect of works created by citizens of 
foreign countries or for works published for the fi rst time abroad the term of validity shall be 
determined by the respective foreign law if it stipul ates terms of protection shorter than this law. 
  IP/N/1/BGR/C/3 
IP/N/1/BGR/E/1 Page 36 
 
 
   Law Applicable to the Right of Compensation under Art. 20 
 Art. 99a. (new – SG 99/05, in force from 10.01.2006) (1) The provisions of Art. 20 shall be applied at resale of works of authors citizens of  the Republic of Bulgaria  or persons who have 
permanent address in it, in case the pla ce of the resale is on its territory. 
 (2) (*) Art. 20 shall be also applied to all authors and their heirs who are citizens or have 
permanent address in a Member State of the European Union.  (3) In respect of authors who are citizens of other State and have no permanent address in the 
Republic of Bulgaria the provisions of Art. 20 shall be applied only under the condition that the 
respective foreign country admits analogous right to the Bulgarian citizens. 
  
 Law Applicable to Broadcasting by Satellite  Art. 99b. (new – SG 99/05) (*) (1) This law sha ll be applied to the broadcasting of a work by 
satellite in case the signal is transmitted to the satellite:  1. from the territory of the Republic of Bulgaria ; 
 2. from the territory of a State not member of the European Union which does not provide 
level of protection of this right correspo nding to this law under the condition that: 
 a) the ascending connection to the satellite starts from a station located on the territory of the Republic of Bulgaria, or  b) the ascending connection to the satellite does not start from a station located on the territory of a Member State of the European Union but the broadcasting has been carried out by order 
of an organization having its seat on the territory of the Republic of Bulgaria. 
 (2) The responsibility of the broadcasting shall be  born: in the cases of para 1, item 1 – by the 
broadcasting organization; in the cases of para 1, item 2 letter "a” – by the operator of the station; in 
the cases of para 1, item 2 letter "b” – by the orga nization under which orde red the broadcasting has 
been carried out. 
 (3) The provisions of para 1 and 2 shall be applied respectively also to the rights referred to in 
Art. 72.    Law Applicable to Performances  Art. 100. (1) (amend. - SG 77/02, in force from 01.01.2003) This Law shall apply to the performances of performers who are citizens of th e Republic of Bulgaria or who have permanent 
address in it regardless of where the performances have been carried out. 
 (2) This Law shall apply to the performances of foreign performers on the territory of the 
Republic of Bulgaria.  (3) (new – SG 99/05) (*) This law shall also apply to the performances of foreign performers, 
citizens of a Member State of the European Un ion or having permanent address in such state 
regardless of where the performances have been carried out. 
   Law Applicable to Records, Programmes and Films  Art. 101. (amend. - SG 28/00, in force from 05.05.2000; amend. - SG 77/02, in force from 01.01.2003; suppl. - SG 99/05) (*) This Law shall apply to the subject matter under Art. 72, item 2, 3 and 4 made by natural persons w ho are citizens of the Republic of Bulgaria or who have permanent 
address in it, by citizens of Member States of th e European Union or having permanent address in 
some of them, or by legal persons which seat is on the territory of the Country or on the territory of such State, regardless of where the recordings ha ve been made, as well as to recordings made or 
simultaneously published for the first time by fore ign persons on the territory of the Republic of 
Bulgaria or a Member State of the European Union. 
  
 Law Applicable to Makers of Databases  Art. 101a. (new – SG 77/02, in force from 01.01.2003) (1) (suppl. - SG 99/05) (*) This law shall apply to the makers of databases, if they are citizens of the Republic of Bulgaria or have  IP/N/1/BGR/C/3 
 IP/N/1/BGR/E/1 
 Page 37 
 
 
  permanent address in it or are citizens of a Member State of the European Union or have permanent 
address in such state.  (2) (suppl. - SG 99/05) (*) The provision of pa ra 1 shall also apply to the legal persons, 
established in compliance with the legislation of the Republic of Bulgaria having their seat, central 
administration or primary activity on its territo ry, as well as to the legal persons established in 
compliance with the legislation of some Member State of the European Union having seat, central 
administration or primary activity on its territory. If the legal person has seat only in the Republic of 
Bulgaria or in a Member State of the European Un ion, it shall be required its activity to have real 
relation to the economy of the State. 
  
 Application of International Treaties  Art. 102. (1) (amend. and suppl. - SG 28/00, in force from 05.05.2000; prev. text of Art. 102 – SG 77/02, in force from 01.01.2003) The rights of foreign performers, producers of phonograms, radio and television organisations a nd film producers other than those referred to in Art. 100, para 2 
and Art. 101, shall be protected in compliance with the treaties in the field of the rights related to 
copyright to which the Republic of Bulgaria is a party.  (2) (new – SG 77/02, in force from 01.01.2003; suppl. - SG 99/05) (*) The foreign makers of databases, except those referred to in Art. 101a , shall be protected in compliance with the 
international treaties to which the Republic of Bulgaria is a party. 
  
 
Additional provisions 
 
 § 1. (1) The owner of copyright as well as a person who has been granted the exclusive right to use a work protected by this La w may place the Latin letter "C" surro unded by a circle in front of 
their names or firms and the year of making the work  available to the public at a suitable place on the 
copies of the work.  (2) The producer of a phonogram as well as a person who has been granted the exclusive right 
to reproduce a phonogram protected by this Law, may place the Latin letter "P" surrounded by a circle 
in front of their names or firms and the year of the first publication at a suitable place on the copies of 
the phonogram and their packing. 
  
 § 1a. (new - SG 28/00, in force from 05.05.2000) (1) Prohibited shall be the acquisition, seizure and keeping with commercial purpose, dur able material carriers containing subject matter 
protected by the Law, which have been reproduced in violation of the Law.  (2) The durable material carriers under para 1 sh all be seized in favour of the State by an act 
of the administrative punitive body or the court and shall be provided for destruction to the bodies of 
the Ministry of Interior.  (3) (new – SG 99/05, in force from 10.01.2006) Seizure in favour of the State of the subject matter of the violation referred to in  Art. 97, para 1, items 8 and 9 sh all be also its deletion from the 
electronic carrier on which it has been reproduced   
 § 2. In the sense of this Law: 
 1. "making a work available to the public" means the bringing of the publication with the consent of its author to the attention of unlimited number of persons for the first time regardless of the form or manner in which this may be done;  2. "publishing a work" means bringing of a work to the attention of unlimited number of 
persons by reproduction and distri bution of its copies, including in the form of audio or video 
recordings, in sufficient quantities depending on the nature of the work;  3. (amend. - SG 28/00, in force from 05.05.2000; amend. - SG 77/02, in force from 01.01.2003) "reproduction of a work" means the dir ect or indirect multiplication in one or more IP/N/1/BGR/C/3 
IP/N/1/BGR/E/1 Page 38 
 
 
  copies of the work or part of it by any means and in any form, permanent or temporary, including its 
saving in digital form on electronic carrier;  4. (amend. - SG 77/02, in force from 01.01.2003; amend. - SG 99/05, in force from 10.01.2006) "distribution of a work" means the sale,  exchange, donation, rental, as well as storage in 
commercial quantities and also the proposal for sale or rental of originals and copies of the work; 
 5. (amend. - SG 28/00, in force from 05.05.2000; amend. - SG 99/05, in force from 10.01.2006) "wireless broadcasting of a work" is its  broadcasting by radio or television via a ground 
way, as well as introducing, under the control and re sponsibility of the broadcasting organization, the 
programme-carrying signals intended for reception eith er directly and individually by the public or 
through the mediation of an organisation different from the broadcasting one, into an uninterrupted 
chain of communication leading to the satellite and down towards the earth;  6. (amend. - SG 28/00, in force from 05.05.2000; suppl. - SG 77/02, in force from 01.01.2003; amend. - SG 99/05, in force from 10.01.2006) "users of a work" means the natural and legal persons such as publishers, theatres, organiser s of concerts, radio or television organisations, 
cable operators, public catering and entertainment es tablishments, film producers, Internet content 
providers, manufacturers of video recordings and others that bring the work to the attention of readers, 
viewers and listeners directly or through distributors;  7. "audio recording" means fixing on a durable material carrier of a sequence of sounds in a 
manner to make them available for listening, repr oduction, re-recording and wireless broadcasting, by 
cable or other technical means; 
 8. "phonogram" shall be the product of audio recording; 
 9. "architectural works" means buildings a nd other equipment and their elements, durable 
objects of the synthesis of architecture with other arts, as well as durable interior decorations which 
meet the general terms under Art. 3, para 1.  10. (new - SG 10/98; amend. - SG 28/00, in force from 05.05.2000) "decrypting device" 
means every device, set, mechanism or decrypting car d, constructed or specially adjusted to allow 
individual or in combination between them, acces s to encrypted signal in its form before the 
encryption.  11. (new - SG 28/00, in force from 05.05.2000) "encrypted signal" is every radio and television signal, transmitted, broadcasted, retran smitted and rebroadcasted through any technical 
devices whatsoever, which characteristics have be en deliberately changed with the purpose of 
restricting the access to it only for a certain auditorium; 
 12. (new – SG 28/00, in force from 05.05.2000; revoked – SG 99/05, in force from 10.01.2006)  13. (new – SG 77/02, in force from 01.01.2003) "database" means a collection of independent works, data or other materials, arranged systema tically or methodically and individually accessible in 
electronic or other way; the computer programme, used for the creation or the functioning of 
databases, the recordings of separate audio–visual, l iterary or musical work, as well as the collection 
of phonograms with musical performances on a compact disc shall not be database in the sense of this law;  14. (new – SG 77/02, in force from 01.01.2003) "technological measures of protection" means any technology, device or component that, in the normal course of its operation, is designed to 
prevent or restrict acts, in respect of works or other subject-matter, which are not authorised by the 
owner of any any right protected by law where the use of a subject-matter is controlled by the owner 
of the right through encryption, scrambling or other transformation of the work or other subject-matter 
or a copy control mechanism.  15. (new – SG 99/05, in force from 10.01.2006) "rental of subject matter of protection" means 
making available for use, for a limited period of  time and for direct or indirect economic or 
commercial advantage.  16. (new – SG 99/05, in force from 10.01.2006) "lending of subject matter of protection" means making available for use, for a limited period of  time and not for direct or indirect economic or  IP/N/1/BGR/C/3 
 IP/N/1/BGR/E/1 
 Page 39 
 
 
  commercial advantage, when it is made through establishments which are accessible to the public; 
Shall not be considered as lending in the sense of this law:  a) making available of works or other subject ma tter of rights under this law, if they do not 
leave the premises of the lending establishm ent or between separate publicly accessible 
establishments; 
 b) making available of phonograms or film copies for the purposes of their lawful use, public performance, wireless broadcasting or transmission by cable;  c) making available of fine art and photograph works for public exhibition; 
 17. (new – SG 99/05, in force from 10.01.2006)  "professional protection associations of the 
owners of rights" are non-governmental organiza tions which members include entirely or mostly 
owners of copyright or related rights and which, according to their statutes, are authorized by their members to protect their rights against infri ngement, as well as the legal persons, representing 
international organization of such nature in the country.   
 § 3. (amend. - SG 28/00, in force from 05.05.2000; amend. - SG 99/05, in force from 
10.01.2006) The definitions contained in items 1, 2,  3, 4, and 5 of the preceding Paragraph shall also 
apply to the subject matter under Art. 72 and Chapter eleven "a".    § 4. (1) Each copy of a work of fine art signed personally by its author shall be considered an 
original. The number of originals shall be determined by the author and shall be announced in a 
suitable manner when the work is made available to  the public for the first time, and shall not be 
subject to subsequent change. Each  copy shall carry consecutive number. 
 (2) (revoked – SG 99/05, in force from 10.01.2006)    § 5. (1) The amount of compensation due to the owners of copyright and related rights for the 
use of works, performances, phonograms, radio a nd television programmes shall be negotiated in a 
contract between the owners of the rights and the users.  (2) Whenever use is negotiated through an organisation of collective administration of rights, the amount of compensation shall be determined in a contract between that organisation and the users 
or their associations.   
 § 5a. (new – SG 77/02, in force from 01.01.2003; revoked – SG 74/05, in force from 
14.10.2005)    § 5b. (new – SG 99/05) (*) The provisions of th is Law referring to the Member States of the 
European Union shall be applied also to th e other states from the European Economic Area. 
  
 § 5c. (new – SG 99/05, in force from 10.01.2006) (1) (suppl. - SG 73/06, in force from 06.10.2006) The Ministry of Culture together with the Ministry of Interior, the Ministry of Justice, the 
Customs Agency, the Patent Department and othe r departments determined by the Council of 
Ministers shall establish and maintain National System  for Exchange of Information in the Field of 
Copyright and Related Rights and the Industrial Prop erty which shall ensure the implementation of 
interaction and exchange of data related to the protection of rights in works, subject matter under 
Art. 72 and subject matter of industrial property.  (2) The administration, control and use of the system referred to in para 1 shall be 
implemented by order determined  by the Council of Ministers. 
 (3) The resources for introduction, exploitation and development of the system shall be 
provided by the budgets of the depa rtments referred to in para 1. 
  IP/N/1/BGR/C/3 
IP/N/1/BGR/E/1 Page 40 
 
 
  Transitional and concluding provisions 
 
 § 6. (1) (amend. - SG 28/00, in force from 05. 05.2006) This Law shall also apply to works, 
performances, phonograms, radio and television prog rammes made or performed prior to the entry 
into force of this Law unless the respective protection periods have expired. 
 (2) Copyrights acquired prior to the entry into  force of this Law shall remain in force. 
   § 7. The authors of literary te xts which have been used without  their consent in musical works 
pursuant to Art. 7 "b" of the Copyright Law of 1951,  may not prohibit the further use of the musical 
work together with the text if it has already been  made available to the public together with it. 
   § 8. (1) The activity of the Copy right Agency shall be terminated. 
 (2) (amend. - SG 28/00, in force from 05.05.2000) The property of the Copyright Agency shall be transferred to the Ministry of Culture. 
 (3) The Council of Ministers shall determine the terms and procedures for distribution of the 
property of the Agency among the organisations under Art. 40 of this Law.    § 9. This Law shall hereby revoke:  1. The Copyright Law (prom. - Izvestia 92/51;  corr. - Izvestia 10/52; amend. and suppl. - 
Izvestia 55/56; amend. - SG 35/72 and 30/90). 
 2. Art. 270 through 278 of the Law of Obligations and Contracts (prom. - SG 275/50; corr. - 
SG 02/51; amend. - SG 69/51, 92/52; SG 85/63, 27/73, 16/77, 28/88, 30/90 and 12/93).    § 10. This Law shall enter into force from August 1, 1993.   
 § 11. The implementation of this Law sha ll be assigned to the Council of Ministers. 
   
Transitional and concluding provisions 
TO THE LAW FOR AMENDMENT AND SUPPLEMENTATION OF THE LAW ON THE 
COPYRIGHT AND RELATED RIGHTS (SG 28/00) 
 
 (PROM. - SG 28/00, IN FORCE FROM 05.05.2000; AMEND. - SG107/00; SUPPL. - SG 99/05, IN FORCE FROM 10.01.2006)  § 51. (1) This law shall also apply to the wo rks and subject matter under Art. 72, created or 
realized before its enactment if the terms of protection stipulated by it have not expired. 
 (2) The owners of rights may not lay claims on occasion of uses carried out at a time when the 
term of protection of these rights had expired in the context of the law active at that time.  (3) (new - SG 107/00) Owners of copyright in films and other audio-visual works created before the enactment of the LAW ON THE CO PYRIGHT AND RELATED RIGHTS shall be the 
persons under Art. 62, para 2.  (4) (new - SG 107/00) The persons, owners of co pyright in films, pursuant to Art. 16, para 1 
of the revoked Copyright Law of 1951, shall exer cise only the rights under Chapter Ten "a". 
 (5) (new - SG 107/00; suppl. - SG 99/05, in force from 10.01.2006) The producer's rights referred to in Chapter Ten "a" of the persons under para 4 in the f ilms produced by State Enterprise 
(Chief Directorate, State Association, Creative Ec onomic Association) "Bulgarian Cinematography", 
Film Studios "Boyana", Studio for Cartoons "Sofia" and Studio for Scientific Popular Films "Vreme" 
shall be transferred to the National Film Centre. 
 (6) (new - SG 107/00) The persons, owners of ri ghts of producers in films according to para 4 
and 5, may use these films without a contract with th e respective owners of copyright by July 1, 2001, 
owing them compensation for every use, in amount determined and payable by agreement, through 
the respective organisation for collective administration of copyrights.  IP/N/1/BGR/C/3 
 IP/N/1/BGR/E/1 
 Page 41 
 
 
    
 § 52. Revoked shall be § 4 of the Concludi ng Provisions of the Law for Amendment and 
Supplementation of the LAW ON THE COPYRI GHT AND RELATED RIGH TS (SG, No 10 of 
1998). 
  
 § 53. Everywhere in the Law the words "the Ministry responsible for the culture" shall be 
replaced by "the Ministry of Culture".    § 54. (1) This Law shall enter into force one month after its promulgation in the State Gazette, 
with exception of § 8 which shall enter into force from 01.01. 2001. 
 (2) The Council of Ministers shall adopt the Ordinance referred to in §8 within six months from the enactment of the Law and shall apply from 1 January 2001.    
Transitional and concluding provisions 
TO THE LAW ON THE PRIVATE BAILIFFS (SG 77/02) 
 
 (PROM. - SG 43/05)  § 23. This Law shall enter into force from 1 September 2005.   
 
Transitional and concluding provisions 
TO THE LAW OF THE ADMINISTRATYIVE REGULATION OF THE PRODUCTION AND 
TRADE WITH OPTIC DISCS, MATRIXES AND OTHER CARRIERS CONTAINING 
SUBJECTS OF COPPYRIGHT AND THE RELATED TO IT RIGHTS 
 
 (PROM. - SG 74/05)  § 8. This law shall enter into force one month from its promulgation in the State Gazette, except Section III of Chapter Two and Section II of Chapter Three, which shal l enter into force from 
the 1st of January 2006.   
 
Transitional and concluding provisions 
TO THE LAW FOR AMENDMENT AND SUPPLEMENTATION OF THE LAW ON THE 
COPYRIGHT AND RELATED RIGHTS 
  (PROM. - SG 99/05, IN FORCE FROM 10.01.2006) 
 § 56. Everywhere in the Law the words "Minist ry of Culture and Tourism" shall be replaced 
by "Ministry of Culture".    § 57. (1) The provisions of § 1 about Art. 6 and of § 21 about Art. 72b shall be applied also to 
the works and subject matter referred to in Art. 72, created or realized before this Law enters into 
force. 
 (2) The provisions of § 4 about Art. 20 and of § 5 about Art. 20a shall be applied for sales 
taken place after entering into force of this Law.    § 58. (1) Sale or other transaction implemente d on the territory of a Member State of the 
European Union outside the Republic of Bulgaria befo re § 3, item 1 enters into force shall terminate 
the right of distribution referred to in Art. 18a, para 1.  (2) Claims based on the provisions of § 37, about  Art. 94a, and of § 38, about Art. 95, may be 
submitted if the verbal contests at the first instance have  not finished before this law enters into force. IP/N/1/BGR/C/3 
IP/N/1/BGR/E/1 Page 42 
 
 
   (3) The provisions about the evidence and the conditions for their admission under Art. 95c 
and 95d shall be applied also to facts which have taken place before entering into force of this law. 
   § 59. The administrative and the administrativ e punitive proceedings initiated before entering 
into force of this Law shall be fini shed according to the previous order. 
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .   § 62. This Law shall enter into force on mont h after its promulgation in the State Gazette 
except: 
 1. § 12 which shall enter into force 6 months the promulgation of the Law in the State Gazette;  2. § 3, item 1, § 34, § 46, § 47 – regarding Ar t. 99a, para 2, § 48 – 52 and § 54, item 4 which 
shall enter into force from the date of entering into force of the Treaty of Accession of the Republic of 
Bulgaria to the European Union. 
   
Transitional and concluding provisions 
TO THE TAX-INSURANCE PROCEDURE CODE 
  (PROM. – SG 105/05, IN FORCE FROM 01.01.2006) 
 § 88. This Code shall enter into force from the 1 January 2006, except Art. 179, Para 3, 
Art. 183, Para 9, § 10, item 1, letter "e" and item 4,  letter "c", § 11, item 1, letter "b" and § 14, item 12 
of the transitional and concluding provisions which shall enter into force from the day of 
promulgation of the code in the State Gazette. 
  
 
Transitional and concluding provisions 
TO THE ADMINISTRATIVE PROCEDURE CODE 
 
 (PROM. – SG 30/06, IN FORCE FROM 12.07.2006) 
 § 142. This 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, § 102, item 1, § 107, § 117, items 1 and 2, § 125, § 128, items 1 and 2, § 132, 
item 2 and § 136, item 1, as well 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 word "the Sofia City Court" with "the Administrative 
court - Sofia", which shall enter in to force from the 1st of May 2007; 
 2. paragraph 120, which shall enter in to 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 Gazette.     IP/N/1/BGR/C/3 
 IP/N/1/BGR/E/1 
 Page 43 
 
 
  Transitional and concluding provisions 
TO THE LAW ON AMENDMENT AND SUPPL EMENTATION OF THE LAW FOR THE 
MARKS AND THE GEOGRAPHIC NAMES 
 
 (PROM. - SG 73/06, IN FORCE FROM 06.10.2006) 
 § 28. This Law shall enter into force one m onth after its promulgation in the State Gazette 
except § 7, § 12, § 21 and § 26 which shall enter into force from the date of the accession of the 
Republic of Bulgaria to the European Union, and § 17 which shall enter into force from 13 July 2006. 
  
 
Transitional and concluding provisions 
TO THE CIVIL PROCEDURE CODE 
 
 (PROM. – SG 59/07, IN FORCE FROM 01.03.2008) 
 § 61. This code shall enter into force from 1 March 2008, except for: 
 1. Part Seven “Special rules related to proceedings on civil cases subject to application of Community legislation”  2. paragraph 2, par. 4;  3. paragraph 3 related to revoking of Chapte r Thirty Two “a” “Special rules for recognition 
and admission of fulfillment of decisions of foreign courts and of other foreign bodies” with Art. 307a 
– 307e and Part Seven “Proceedings for returning a ch ild or exercising the right of personal relations” 
with Art. 502 – 507;  4. paragraph 4, par. 2;  5. paragraph 24;  6. paragraph 60, 
 which shall enter into force three days after th e promulgation of the Code in the State Gazette. 
   
Transitional and concluding provisions 
TO THE LAW ON AMENDMENT AND SUPPL EMENTING OF THE TAX-INSURANCE 
PROCEDURE CODE 
 
 (PROM. – SG 12/09, IN FORCE FR OM 01.05.2009; SUPPL. - SG 32/09) 
 § 68. (suppl. - SG 32/09) This Law shall enter into force from 1 May 2009 except § 65, 66 and 67, which shall enter into force from the date of  promulgation of the Law in the State Gazette and 
§ 2 - 10, § 12, Items 1 and 2 - regarding Para 10 and 11, Item 8, Letter "a", Items 9 and 12 and § 53 - 
64, which shall enter into force from 1 January 2010. 
   
__________