WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/BGR/D/1/Add.1 
8 November 2010 
 (10-5958) 
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 
 
Addendum
 
 
 
 The present document reproduces the text1 of the Law on Industrial Designs, as notified by 
Bulgaria on 23 August 2010 under Article 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 
 
Addendum  
 
  Le présent document contient le texte
1 de la Loi sur les dessins et modèles industriels, notifiée 
par la Bulgarie le 23 août 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 
 
Addendum
 
  
 En el presente documento se reproduce el texto
1 de la Ley de Dibujos y Modelos Industriales, 
notificado por Bulgaria el 23 de agosto de 2010 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/D/1/Add.1 
Page 2  
 
  LAW ON INDUSTRIAL DESIGNS  
 In force as from 15.12.1999   Promulgated in State Gazette No. 81/14 Sept ember 1999; amended, No. 17/ 21 February 2003; 
amended, No. 43/20 May 2005; amended, No. 105/29 December 2005; amended, No. 30/11 April 
2006; amended, No. 73/5 September 2006; amended, No. 59/20 July 2007 
 Chapter One - GENERAL PROVISIONS   
Subject  
 
Art. 1. (1) ( former text of Article 1 - State Gazette No. 17/2003 ) This Law governs the 
conditions and procedures for the registrati on of industrial designs, the rights arising 
therefrom and the protection of those rights.  
 
(2) (new - State Gazette No. 17/2003 ) This Law does not govern rela tions that arise during the 
creation and use of industrial designs connect ed with specific activities performed by the 
Ministry of the Interior.  
 
Field of Application  
 
Art. 2. (1) This Law shall apply to Bulgarian natura l and legal persons a nd to foreign natural 
and legal persons from States party to internati onal treaties to which the Republic of Bulgaria 
is also party.   
(2) With regard to the foreign natural and le gal persons from other countries, this Law shall 
apply on the basis of reciprocity at the discretion of the Patent Office.  
 
Industrial Designs  
 
Art. 3. (1) For the purposes of this Law, industrial design, hereinafter referred to as "design", 
means the appearance of the whole or a part of  a product resulting from the specific features 
of the shape, lines, contours, ornamentati on, colours, or combination thereof.  
 (2) For the purposes of this Law, product mean s any industrial or handicraft article, including 
parts intended to be assembled into a complex article, sets or compositions of articles, 
packaging, graphic symbols and typographic typefaces, computer programs excluded.  
 
Right of Authorship  
 
Art. 4. (1) The person who has created a design shall have the right of authorship under this 
Law. This right shall be unlimited in time and shall not be transferable and it shall enjoy the 
protection afforded by this Law irrespective of the protection afforded by other laws.  
 (2) If the design has been created by two or more  persons, the right of authorship shall belong 
to all of them and they shall be joint creators.  Persons that have merely assisted the creator 
technically, materially or otherwise, shall not be considered joint creators.  
 
(3) The creator or the joint creators shall be named in the registration certificate and in the 
publication thereabout. The Patent Office shall execute the entry ex officio .  
  IP/N/1/BGR/D/1/Add.1 
 Page 3 
 
 
  (4) The Patent Office shall enter in the State Re gister of Industrial Designs the true creator of 
the design where established by a court deci sion in a dispute on authorship and joint 
authorship.  
 
Representation  
 
Art. 5. (1) Any person having the right under this Law to act in proceedings before the Patent 
Office may do so either in person or through  a local industrial property representative.  
 (2) ( amended - State Gazette No. 43/2005, in force since 21.08.2005 ) Persons with no 
permanent address or headquarters in the Republic of Bulgaria shall act in proceedings before 
the Patent Office through a local industrial property representative.  
 
Fees  
 
Art. 6. (amended - State Gazette No. 73/2006, in force since 06.10.2006 ) The Patent Office 
shall collect fees for: filing of applications; examination; priority; registration; issue of 
certificates; renewal of registrations; entries; correction of errors; appeals against rejections; invalidation of registrations; exte nsion of time limits; publication of applications, registrations 
and entries; filing of applications for intern ational registration; forwarding of Community 
design applications; information about industrial designs applied for registration or registered; 
enquiries or extracts from the State Register of Industrial Designs, under a tariff approved by 
the Council of Ministers.  
 
Files  
 
Art. 7. (1) The Patent Office shall create and keep a file on every design, which shall consist 
of all the registration documents.   (2) On request, the Patent Office shall provide other parties with information on designs applied for registration in accordance with a pr ocedure as specified by the President of the 
Office.  
 
(3) The information referred to in paragraph (2) shall include only such data as is published 
on registration of the design.  
 
State Register of Industrial Designs  
 
Art. 8. The State Register of Industrial Designs sh all contain data on all design registrations 
and all subsequent changes relating thereto.  
 
Access to the State Register of Industrial Designs  
 
Art. 9. The State Register of Industrial Designs shall be public. Any person may request 
information or an extract therefrom.  
  IP/N/1/BGR/D/1/Add.1 
Page 4  
 
  Chapter Two - LEGAL PROTECTION  
 Part I - Registration   Acquisition of Rights in Designs  
 
Art. 10. (1) The right in a design shall be acquired through registration with the Patent Office 
as of the filing date of an application for registration.   (2) The right in a design shall be an exclusive right.  
 
Grounds for Registration  
 
Art. 11. (1) A design shall be registered if it is  new and has an individual character.  
 
(2) The following may not be registered:  
 
(i) a design that is contrary to public policy or the principles of morality.   (ii) ( amended - State Gazette No. 43/2005, in force since 21.08.2005 ) a design the 
specific features of which are solely dete rmined by the technical function of the 
product.  
 (iii) a design the specific features of which are solely determined  by the necessity for 
the product, in which the design is incorporat ed or to which it is applied, to be 
mechanically assembled or put in, around or  opposite to another product, so that both 
products perform their functions, with the exception of a design intended to allow the 
multiple assembly or connection of inte rchangeable products within a modular 
system.  
 (3) (new - State Gazette No. 17/2003; amended - State Gazette No. 73/2006, in force since 
06.10.2006 ) The industrial design of a product having relation to the defence and security of 
the State shall be registered subject to preliminary written coordination with the Ministry of 
Defence or the Ministry of the Interior.  
 
Novelty   
 
Art. 12. (1) A design shall be considered new if, prior to the filing date or the priority date, as 
appropriate, of the application no identical design has been made available to the public by means of publication, use, registration or ot herwise disclosed anywhere in the world.  
 (2) ( amended - State Gazette No. 43/2005, in force since 21.08.2005 ) Designs shall be 
considered to be identical if their specific features differ in immaterial details only.  
 
Individual Character  
 
Art. 13. (1) (amended - State Gazette No . 43/2005, in force since 21.08.2005; former text of 
Article 13 – State Gazette No. 73/2006, in force since 06.10.2006 ) A design shall be 
considered to have an individual char acter if the overall impression it produces on the 
informed consumer differs from the overall impr ession produced by a design that has been 
made available to the public before the filing da te or the priority date, as appropriate, of the 
application for registration.    IP/N/1/BGR/D/1/Add.1 
 Page 5 
 
 
  (2) ( new - State Gazette No. 73/2005, in force since 21.08.2005 ) When evaluating the 
individual character of a design, the designer's freedom in creating the design shall be taken into account.  
 
Disclosure Which is not Prejudicial to Novelty  
 
Art. 14. (amended - State Gazette No. 43/2005, in force since 21.08.2005 ) The disclosure of a 
design that is the subject of an application fo r registration shall not be prejudicial to its 
novelty if such disclosure was made within tw elve months preceding the filing date or the 
priority date, as appropriate, of the application, by:  
 
(i) the creator or his successor in title or by  a third party as a result of information 
provided or action taken by the creator or his successor in title;   (ii) a third party, in abuse of the creator. 
 
Term of Validity of Registration  
 
Art. 15 (1) Designs shall be registered for a period of 10 years following the filing date of the 
application.   
(2) Registration may be renewed for three successive periods of 5 years each.  
 
Right to File and Right to Registration  
 
Art. 16. (1) (supplemented - State Gazette No. 43/2005, in force since 21.08.2005 ) The right 
to file a design application shall belong to the creator or his successor in title. Where the right 
to file belongs to more than one person, those persons shall exercise the right jointly. Refusal 
by one or several of such persons to exercise the right shall not constitute and obstacle for the 
others to file an application. Refu sal shall be explicit and in writing.  
 (2) If the design is a service design, as referred to  in Article 17 (1), the right to file shall 
belong to the employer or to the commissioning person.  
 (3) The right to file, in the case referred to in  paragraph (2), shall pass over to the creator if 
the employer or the commissioning person, as appr opriate, does not file an application within 
three months of receiving a written communication from the creator, unless otherwise agreed.  
 
(4) The right to file may belong jointly to the creator and the employer or the commissioning person, as appropriate, if agreed so.   (5) The applicant shall be considered to have the right to file unless otherwise determined by 
a court decision.  
 
(6) The right to registration shall belong to the first applicant.  
 
Service Designs  
 
Art. 17 . (1) A design shall constitute a service design  if it has been made in the performance 
of duties under an employment relationship or other legal relationship, unless otherwise 
provided by contract.    (2) A creator who has made a service design shall have the right to additional remuneration.  IP/N/1/BGR/D/1/Add.1 
Page 6  
 
   
(3) The creator's remuneration may be determined  as a part of the revenue derived from the 
use of the design, as a lump sum payment or in any other way.   (4) Where a lump sum remuneration proves to be obviously disproportionate to the profit 
obtained from use of the design, it may be increased at the request of the creator. If no 
agreement is reached, the dispute shall be settled by the court, acting in equity.  
 
Scope of Legal Protection  
 
Art. 18. (amended - State Gazette No. 43/2005, in  force since 21.08.2005; supplemented – 
State Gazette No. 73/2006, in force since 06.10.2006 ) The legal protection scope shall be 
defined by the graphic representation or represen tations of the registered design, including 
each identical design within the meaning of Article 12(2) and each design that is to a considerable extent a copy of the registered design.  
 
Rights Conferred by Designs  
 
Art. 19. (1) The holder of a registered design shall be entitled to use it and dispose of it, and 
to prohibit other parties from unauthorized copying or use in the course of business of a 
design included in the scope of protection.  
 
(2) The use of a design within the meaning of paragraph (1) shall cover the making, offering 
for sale, placing on the market or using of a product in which a design within the scope of protection is incorporated or to which it is  applied, as well as the importing, exporting or 
stocking of such product for those purposes.  
 
(3) ( amended – State Gazette No. 73/2006, in force since 06.10. 2006) The right conferred 
shall have effect with regard to third pa rties acting in good faith as from the date of 
publication of the registration of the design.  
 
Limitation of Rights in Designs  
 Art. 20. (1) The right as referred to in Article 19 shall not extend to:  
 
(i) use of the design for private or for experimental purposes;   
(ii) use of the design for the purpose of maki ng annotations or teaching, if such use is 
compatible with fair trade practice and does not unduly prejudice the normal exploitation of the design, and provided that the source is quoted;   (iii) use of the design on foreign land, air and naval transportation means when they 
temporarily or accidentally enter the territory of the country and in which the design 
is used exclusively for their own needs, as well as the importation of spare parts and 
accessories for the purpose of repairing such transportation means.  
 
Exhaustion of Rights in Designs  
 
Art. 21. (1) (amended – State Gazette No. 73/2006, in force since the en try into effect of the 
Agreement for the Accession of the Rep ublic of Bulgaria to the European Union) The holder 
of the right in a design may not prohibit the use of the products mentioned in the registration, in which the registered design is incorporated or  to which it is applied, where the products are  IP/N/1/BGR/D/1/Add.1 
 Page 7 
 
 
  put on the market in the territory of the memb er States of the European Union, respectively 
the European Economic Area, by him or with his consent.   (2) Paragraph (1) shall not apply where the design rightholder may oppose further sales on the grounds that the products have b een changed or counterfeited.  
 
Entitlement to Rights in Designs  
 
Art. 22. (1) The right in a design may be held by one or more persons.  
 
(2) Where the right in a design is held by two or more persons, each holder may use the 
design without the consent of the other holders and without accounting to them for that use, 
unless otherwise agreed in writing.     
Prior Use  
 
Art. 23. A person who has used a design in good fa ith on the territory of the Republic of 
Bulgaria prior to the filing date of an applica tion for registration of that design or has made 
serious preparations therefor shall have the right  to continue exploiting the design to the same 
extent after that date.  
 Part II - Disposition   Transfer   
Art. 24. (1) All rights under this Law shall be tran sferable, unless otherwise provided herein.  
 
(2) Where the right in a design is held by tw o or more persons, it shall be transferred only 
with the written consent of all of the holders.   (3) ( new - State Gazette No. 43/2005, in force since 21.08.2005 ) In the case of a multiple 
application, the transfer shall be allowed of th e right in all designs or in some of them.  
 
(4) (former paragraph (3) - State Gazette No. 43/2005, in force since 21.08.2005 ) Transfers 
shall be entered in the State Register of Industr ial Designs at the written request of one of the 
parties; the request shall be accompanied by the transfer document, and the transfer shall have 
effect with respect to third parties as from the date of entry thereof.  
 
Transfer of Rights of Prior Use  
 
Art. 25. Prior use rights may be transferred only toge ther with the commercial undertaking in 
which it originated.  
 License Agreement   
Art. 26. (1) (supplemented - State Gazette No. 43/2005, in force since 21.08.2005 ) The holder 
of a design may permit the use of his design by  means of a license agreement. The use of a 
design held by two or more persons shall be permitted with the written consent of all the 
holders, unless otherwise agreed. In the case of a multiple application, the right to use may be 
granted with respect to all or some of the designs.   (2) A license may be exclusiv e or non-exclusive. Where the agreement does not specify one 
form or the other, the license shall be considered non-exclusive.  IP/N/1/BGR/D/1/Add.1 
Page 8  
 
   
(3) The licensor of an exclus ive license shall not be entitled to grant licenses with the same 
subject matter to other persons. He shall be entitled to use the design only to the extent explicitly agreed upon.   
(4) (amended - State Gazette No. 43/2005, in force since 21.08.2005 ) The license agreement 
shall be recorded in the State Register of In dustrial Designs at the request of one of the 
parties. The request shall be accompanied by  an extract from the license agreement. The 
Patent Office shall issue a certificate of recording.   
(5) The extract from the license agreement sha ll contain data identifying the licensee and the 
licensor, the registration number of the design, the term of validity of the license agreement, 
with the signatures and/or seals of the parties affixed thereto.   (6) The license agreement shall have effect with  respect to third parties as from the date on 
which it is entered in the State Register of Industrial Designs.  
 
Right in Industrial Design as a Security Object  
 
Art. 26a (new – State Gazette No. 43/2005, in force since 21.08.2005 ) (1) ( supplemented – 
State Gazette No. 73/2006,  in force since 06.10.2006 ) The right in a registered industrial 
design may be a security object in instituted or  future action proceedings. In the case of a 
multiple application, security may be afforded with  respect to the right in all or some of the 
designs.   (2) Security shall be recorded in the State Regi ster of Industrial Designs at the request of one 
of the parties in the action.  
 (3) The request referred to in paragraph (2) sha ll contain data identifying the industrial design 
owner and the person in whose favor the security  was afforded, data identifying the industrial 
design, and the kind of the security measure. The request shall be accompanied by a document establishing the security.  
 
(4) The security shall have effect with respect to third parties as from the date on which a 
mention about its entry into the State Register  of Industrial Designs is published in the 
Official Bulletin of the Patent Office.  
 Right in Industrial Design as a Registered Pledge Object   
Art. 26b (new – State Gazette No. 43/2005 , in force since 21.08.2005 ) (1) ( supplemented – 
State Gazette No. 73/2006,  in force since 06.10.2006 ) The right in a registered industrial 
design may be a registered pledge object. In the case of a multiple application, registered pledge may be afforded with respect to the right in all or some of the designs.  
 
(2) The provisions of Articles 26 to 31 of th e Registered Pledges Law shall apply to the 
recording of registered pledges in the State Regi ster of Industrial Designs. A certificate shall 
be issued to the pledger.   
(3) The registered pledge shall have effect w ith respect to third parties as from the date of 
publication in the Official Bulletin of the Patent Office. 
  IP/N/1/BGR/D/1/Add.1 
 Page 9 
 
 
  Industrial Designs in Bankruptcy Proceedings  
 
Art. 26c (new – State Gazette No. 43/2005, in force since 21.08.2005 ) (1) ( supplemented – 
State Gazette No. 73/2006,  in force since 06.10.2006 ) The right in a registered industrial 
design shall be included in the bankrupts estate in bankruptcy proceedings against its holder.  
 
(2) Where the industrial design is a joint possessi on, the rights only according to the debtor's 
share shall be included in his estate.   (3) The fact of the industrial design being include d in the bankrupts estate shall be recorded in 
the State Register of Industrial Designs at the request of one of the parties in the action, and 
shall be published in the Official Bulletin of the Patent Office.  
  
Part III - Lapse and Invalidation of Registration  
 
Lapse of Registration   
Art. 27 (1) The validity of a registration shall lapse on:  
 
(i) expiry of the term referred to in Article 15;  
 
(ii) surrender by the holder;   (iii) final liquidation of the legal entity hold ing the design where there is no transfer.  
 
(2) Lapse under paragraph 1(iii) shall take place at the request of an interested party.  
 (3) The lapse of a registration shall cau se the right in the design to lapse.  
 
Surrender of Rights in Designs  
 
Art. 28. (1) The holder of a design may surrender his right therein.  
 (2) Surrender by one or more of the joint holde rs shall not terminate the legal protection.  
 (3) Surrender may refer to all or some of th e designs for which the registration has been 
effected.  
 (4) If there is a license agreement on record, surre nder shall only be entered if the holder of 
the design furnishes proof that he has notified the licensee of his intention to surrender it. 
Entry of the surrender shall be effected on expiry  of two months form the date of furnishing 
the proof.  
 
(5) The surrender of design rights shall be effected by means of a written declaration addressed to the President of the Patent Office.   (6) The surrender shall have effect as from the da te on which it is entered in the State Register 
of Industrial Designs.   
 IP/N/1/BGR/D/1/Add.1 
Page 10  
 
  Invalidation of Registrations  
 
Art. 29. (1) Any person may request invalidation of the registration of a design, if:  
 
(i) it has been registered in violation of the provisions of Article 3 or Article 11 (1);  
 
(ii) it is excluded from protection under Article 11 (2);   (iii) it is identical, within the meaning of Article 12 (2), with a design that is the 
subject of a national or international app lication designating the Republic of Bulgaria 
and bearing an earlier date of filing or pr iority, as appropriate, provided that such 
application is subsequently registered.   (iv) ( deleted - State Gazette No. 43/ 2005, in force since 21.08.2005 )  
 
(v) it has been registered in violation of the provisions of Article 2.  
 (2) ( new - State Gazette No. 43/2005, in force since 21.08.2005 ) A registration shall be 
declared invalid at the request of any legally in terested party, where the use of the design is 
liable to be prohibited by virtue of:   
(i) an earlier copyright of such person under the Copyright and Neighboring Rights 
Law;   (ii) an earlier industrial property right of such person enjoying protection under 
another law.  
 
(3) ( former paragraph (2) - State Gazette No. 43/2005, in force since 21.08.2005 ) If the 
grounds for invalidation concern some only of th e designs included in a multiple application, 
the registration shall be invalidated for that part only.   (4) ( former paragraph (3) - State Gazette No. 43/2005, in force since 21.08.2005 ) A 
registration shall also be declared invalid when  a court decision states that the registered 
holder is not one of the persons referred to in Article 16 and no request for entering of the true 
holder is made within one month of the date of entry into force of the court decision.   (5) (former paragraph (4), amended - State Gaze tte No. 43/2005, in force since 21.08.2005 ) 
A registration may also be invalidated ex officio by the President of the Patent Office under 
the conditions provided in paragraph (1)(i), (ii) a nd (iii), paragraph (2)(ii), and paragraph (3).  
 
Legal Effects of Invalidation  
 
Art. 30. (1) Invalidation of a registration shall be effective as of the filing date of the 
application.  
 (2) Invalidation shall not affect:   
(i) enforced court decisions concerning in fringement in so far as they have been 
executed prior to the invalidation.  
 (ii) license agreements executed prior to the invalidation, unless otherwise agreed.  
   IP/N/1/BGR/D/1/Add.1 
 Page 11 
 
 
  Chapter Three - Procedure Before the Patent Office  
 Filing of Application   
Art. 31 . (1) Applications for the registration of desi gns shall be filed with the Patent Office.  
 
(2) The filing date of an application shall be the date on which the Patent Office receives:  
 
(i) a request for registration;   
(ii) name and address of the applicant;  
 (iii) one or more graphic or photographic representations that clearly and fully disclose the design for which protection is sought.  
 Contents of Application   
Art. 32 . (1) In addition to the data referred to in Ar ticle 31 (2), the application shall contain:   
 
(i) (amended - State Gazette No. 43/ 2005, in force since 21.08.2005 ) the name of the 
State of which the applicant is a national, in which he has a permanent address or in 
which he has a real and effective co mmercial or industrial establishment;  
 (ii) the name and address of the industrial property representative, if any, and a power 
of attorney;   
(iii) a  priority claim, if appropriate;  
 (iv) reproductions of the design representation;   (v) the number of designs for which protection is sought;   
(vi) designation of the products in which the design is incorporated or to which it is 
applied;   (vii) the  classification index of the products according to the International Classification of Industrial Designs under the Locarno Agreement;  
 
(viii) a list of the accompanying representations;   (ix) the name and address of the creator;   (x) a document certifying payment of the fees for application, examination and 
priority;  
 (xi) ( new – State  Gazette No. 73/2006, in force since 06.10.2006 ) a letter of consent 
from the Ministry of Defence or the Ministry of the Interior in the cases referred to in 
Article 11(3).  
 
(2) The application may be accompanied by a br ief description of the specific features of the 
design, at the initiative of the applicant.   IP/N/1/BGR/D/1/Add.1 
Page 12  
 
  (3) All documents and data shall be filed in the Bulgarian language. Where the documents are 
filed in a language other than Bulgarian, the filing date shall not change in so far as a 
Bulgarian translation thereof is filed within a period of three months following that date.  
 
Multiple Application  
 
Art. 33. (1) Several designs may be filed in one multiple application on condition that the 
products in which the designs are incorporated or to which they are applied belong to the 
same class of the Interna tional Classification of Industrial Designs under the Locarno 
Agreement or to the same set or composition of articles.  
 
(2) ( new - State Gazette No. 43/2005, in force since 21.08.2005 ) Where the multiple 
application relates to ornaments, the provisi ons of paragraph (1) shall not apply to the 
products in which the designs are incorporated or to which they are applied.   
(3) (former paragraph (2) - State Gazette No. 43/2005, in force since 21.08.2005 ) Additional 
fees shall be paid for each design following th e first one in a multiple application.  
 
Division of Application  
 
Art. 34. (1) The applicant shall be entitled to divi de the application until such time as a 
decision is taken on it. The individual applications shall enjoy the priority of the original 
application in so far as they are filed within three months following division.  
 (2) The Patent Office shall give the applicant three months to divide an application filed 
through the national route, where such appli cation does not comply with the provisions of 
Article 33. The individual applications derivi ng from the divided application shall enjoy the 
priority of the original application if filed within that period.  
 
Right of Priority  
 
Art. 35. (1) An application shall enjoy a right of priority over subsequent applications for 
registration of identical designs as of the date of  filing of the application under Article 31 (2).  
 (2) The applicant shall enjoy a right of priori ty as of the date of a preceding application, 
provided that:    
(i) the preceding application is properly file d in the Republic of Bulgaria, in a State 
party to the Paris Convention or a member of the World Trade Organization;   (ii) the preceding application is a first app lication within the meaning of Article 4 of 
the Paris Convention and relates to the same design;   
(iii) the application is filed with the Pate nt Office within six months following the 
filing date of the preceding application;   (iv) priority is claimed within two mont hs from the filing date of the application 
referred to in Article 31 (2) with a mention of the date and country of the preceding 
application;  
 (v) within three months from the filing date of the application, the applicant pays the 
prescribed priority fee and submits a prio rity certificate issued by the competent 
authority of the country of filing of the preceding application.   IP/N/1/BGR/D/1/Add.1 
 Page 13 
 
 
   
(3) A properly filed application in terms of para graph (2)(i) is any application bearing a filing 
date, regardless of its eventual fate.   (4) In the case of multiple applications, priority  may be claimed on the basis of more than one 
preceding application, provided that the conditi ons referred to in paragraph (2) are complied 
with.  
 
Formal Examination  
 
Art. 36 . (1) ( amended – State Gazette No. 73/2006, in force since 06.10. 2006) Every 
application shall be examined for compliance w ith the provisions of Article 31 (2) concerning 
the assignment of a filing date. In the event of non-compliance with the said provisions, the 
documents received shall be kept at the Patent Office.   
(2) (new - State Gazette No. 43/2005, in force sin ce 21.08.2005; amended – State Gazette No. 
73/2006, in force since 06.10.2006 ) An application bearing a filin g date shall be examined as 
to whether it is accompanied by a document certifying payment of the prescribed fees for filing, examination and publication of the a pplication. In case there is no such document 
attached, the applicant shall be allowed three m onths within which to remedy the deficiency. 
If no fees are paid within that period, the app lication shall be deemed to be withdrawn.  
 
(3) (former paragraph (2), amended - State Gazette  No. 43/2005, in force since 21.08.2005; 
amended – State Gazette No. 73/2006, in force since 06.10.2006 ) Within two months 
following the filing date of the document certifyi ng payment of the fees, formal examination 
shall be conducted for compliance with the provi sions of Article 32(1)(i) to (ix) and (3), 
Articles 33 and 34. If deficiencies are ascertained, the applicant shall be given three months to 
rectify them.   (4) (former paragraph (3), amended - State Gazette  No. 43/2005, in force since 21.08.2005 ) If 
the applicant fails to remedy the deficiencies w ithin the period provided for in paragraph (3), 
the proceedings shall be discontinued.  
 
(5) ( New – State Gazette No. 73/2006, in force since 06.10.2006 ) An application claiming 
priority shall be examined for compliance with  the requirements of Article 35(2). If it is found 
that the priority claim does not satisfy such requirements, it shall not be granted and the 
applicant shall be informed respectively.  
 
Publication of Application  
 
Art. 36a (new – State Gazette No. 73/2006, in force since 06.10.2006 ) An application, which 
meets the formal regularity requirements, shall be published in the Official Bulletin of the 
Patent Office. The publication shall be effect ed within one month following the examination 
referred to in Article 36, and it shall contain an  incoming number, filing or priority date, as 
appropriate, data identifying the applicant and the creator, a design representation, a 
color/colors claim, the classe s according to the International Classification of Industrial 
Designs under the Locarno Agreement, and the prod ucts in which the design is incorporated 
or to which it is applied.  
 IP/N/1/BGR/D/1/Add.1 
Page 14  
 
  Objections Against the Registration of a Design  
 
Art. 36b (new – State Gazette No. 73/2 006, in force since 06.10.2006 ) (1) Within two months 
following the publication date of the application,  any person may file an objection against the 
registration of the design on the grounds of Article 12.   
 
(2) The objection shall be filed in wr iting and shall be substantiated.  
 (3) The objecting person may not be a participant in the application proceeding. However, he 
shall be entitled to receive information on the outcome of the objection.  
 
Substantive Examination  
 
Art. 37. (1) ( amended – State Gazette No. 73/2006, in force since 06.10.2006 ) Within a 
period of one year following expiration of the te rm referred to in Article 36b(1), examination 
shall be carried out to ascertain that the design applied for registration:  
 
(i) is a design within the meaning of Article 3;   (ii) is not excluded from protection according to Article 11 (2);   
(iii) is new according to Article 12 with respect to the designs that have been 
registered in the Republic of Bulgaria thr ough the national or international route;  
 (iv) is not identical, within the meaning of Article 12 (2), with a design that is comprised in a national application bearing an earlier date of filing or priority, as 
appropriate, provided that subsequent registra tion is effected for that application;  
 (v) is not identical, within the meaning of Article 12 (2), with a design that is comprised in an international application b earing an earlier date of filing or priority, 
as appropriate, for which the Republic of Bu lgaria is a designated country and for 
which no decision to refuse registration has been taken.  
 
(2) ( new - State Gazette No. 43/2005, in force since 21.08.2005 ) When judging novelty, 
materials may likewise be taken into account prov ing that the design has been made public or 
used in any other way.   
(3) (former paragraph (2), amended - State Gaze tte No. 43/2005, in force since 21.08.2005 ) 
Where a design is ineligible for registration, the applicant shall be notified accordingly; he 
shall be informed of the grounds for the refusal  and allowed three months within which to 
lodge an objection.   (4) (former paragraph (3), amended - State Gaze tte No. 43/2005, in force since 21.08.2005 ) 
Where, within the period provided for in pa ragraph (3), the applicant fails to present a 
reasoned objection, the decision shall be  taken to refuse the registration.  
 (5) (former paragraph (4), amended - State Gazette  No. 43/2005, in force since 21.08.2005; 
amended – State Gazette No. 73/ 2006, in force since 06.10.2006 ) Where the design is found 
to be eligible for registration, the applican t shall be notified accordingly and allowed one 
month within which to pay the fees for registration, issue of a registration certificate and publication.    IP/N/1/BGR/D/1/Add.1 
 Page 15 
 
 
  (6) (new - State Gazette No. 73/2006, in force since 06.10.2006 ) Where the fees referred to in 
paragraph (5) are paid, the decision shall be ta ken to register the design and, within one 
month, a registration certificate shall be issued. In case of failure to pay the fees, the application shall be deemed to be withdrawn.   
(7) (new - State Gazette No. 43/2005, in force si nce 21.08.2005; former paragraph (6) – State 
Gazette No. 73/2006, in force since 06.10.2006 ) Where some of the designs comprised in a 
multiple application are ineligible for registrati on, the applicant shall be notified accordingly; 
he shall be informed of the grounds for the re fusal and allowed three months within which to 
respond. If, within that period, the applican t fails to respond or present a reasoned objection 
or restrict the designs, the decision shall be ta ken to refuse the registration of all designs.  
 
Withdrawal, Restriction and Amendment of Application  
 
Art. 38. (1) Until a decision is taken on the application, the applicant may withdraw it in 
respect of all or some of the designs.  
 (2) No changes are allowed in the applicati on, except where the name or address of the 
applicant has changed or there are mistakes in th e name or address of the applicant or obvious 
errors that have to be corrected, on condition that the corrections do not affect the design 
itself.  
 
(3) Corrections under paragraph (2) shall be ma de at the request of the applicant.   
  
Renewal of Registrations  
 
Art. 39. (1) A registration shall be renewed at the request of the holder of the design. The 
request shall contain the registration num ber and shall be accompanied by a document 
certifying payment of the prescribed fee.   (2) The renewal request may be submitted during the last year of the term provided for in 
Article 15 (1), or within six months following th e expiry of that term against payment of a 
surcharge.  
 (3) In the event of failure to meet the requirements of paragra ph (2), the registration renewal 
shall be refused by order of the President of the Patent Office.  
 
(4) Where the holder requests renewal of the re gistration for only some of the designs, he 
shall specify them in the request.   (5) Renewal shall take effect as of the da y following the expiry date of the preceding 
registration.  
 Changes in the Name and Address of Holders   
Art. 40. (1) A holder of the right in a design shall notify the Patent Office, within a period of 
three months, of any change in his name and address.   
(2) The change shall be recorded in the State Re gister of Industrial Designs at the request of 
the holder.   (3) All documents of which the holder is to be  informed shall be sent to the most recent 
address recorded in the State Register of Industrial Designs.  IP/N/1/BGR/D/1/Add.1 
Page 16  
 
   
Consideration of Disputes  
 
Art. 41. (1) The Disputes Department of the Patent Office shall consider:  
 
(i) (amended - State Gazette No. 43/2005, in force since 21.08.2005; amended – State 
Gazette No. 73/2006, in force since 06.10.2006 ) appeals against decisions under 
Article 37 (4) and (7) to refuse registration;   (ii) (amended- State Gazette No. 43/2005, in force since 21.08.2005 ) appeals against 
decisions under Article 36 (4) to terminate the proceedings;  
 (iii) request for the invalidation of the registration.  
 (2) (supplemented - State Gazette No. 43/2005, in force since 21.08.2005; amended – State 
Gazette No. 73/2006, in force since 06.10.2006 ) The boards for the consideration of appeals 
in the Disputes Department of the Patent Offi ce shall be composed of two State examiners 
and one legal expert, while the boards for the co nsideration of requests shall be composed of 
three State examiners and two legal experts. The boards shall be appointed by the President of 
the Patent Office.   
(3) (amended - State Gazette No. 43/ 2005, in force since 21.08.2005 ) The boards referred to 
in paragraph (2) shall deliver opinions for ta king of the decisions under Articles 44 and 45. 
 
 Terms  
 
Art. 42 . (1) Appeals shall be lodged within three mo nths following the date of notification of 
the decision.   (2) Requests may be filed throughout the term of validity of the registration and, after that, by 
the defendant only in an infringement action.   
(3) (deleted - State Gazette No. 43/ 2005, in force since 21.08.2005 ).  
 
Contents of Appeals and Requests  
 
Art. 43. (1) An appeal shall contain data iden tifying the appellant, data identifying the 
application, and a statement of objections against the refusal decision.   
 (2) (amended - State Gazette No. 43/ 2005, in force since 21.08.2005 ) A request shall be filed 
in two copies, and it shall contain data iden tifying the petitioner, data concerning the legal 
interest of the petitioner, if required, invalida tion grounds, as well as evidence, if necessary.  
 
(3) (amended - State Gazette No. 43/2005, in force since 21.08.2005 ) Appeals and requests 
shall be accompanied by a document certifying payment of the prescribed fee.  
 
Examination of Admissibility and Formal Regularity of Appeals and Requests  
 
Art. 43a (new - State Gazette No. 43/2005, in force since 21.08.2005 ) (1) Appeals shall be 
examined as to whether the term under Article  42(1) is observed and whether the document 
certifying payment of fees under Article 43(3) is furnished.    IP/N/1/BGR/D/1/Add.1 
 Page 17 
 
 
  (2) Requests shall be examined as to whethe r the document certifying payment of fees under 
Article 43(3) is furnished and whether th ere is a legal interest, if required.  
 (3) Where no document certifying payment of the prescribed fees is attached to the appeal or 
request, or the request lacks grounding of the le gal interest, the applicant, respectively the 
petitioner, shall be allowed one month to correct the deficiencies.  
 (4) Appeals that fail to be filed within the term  provided for in Article 42(1) and/or for which 
no fee is paid, as well as requests for which no fee is paid and/or no legal interest is proven, 
shall be considered inadmissible and no proceed ings shall be initiated in connection with 
them.  
 (5) Every admissible appeal or request shall be examined for compliance with the rest of the 
requirements under Article 43. In the case of defi ciencies, the applicant or the petitioner, as 
appropriate, shall be notified thereof and shall be allowed one month to correct them. If the 
deficiencies fail to be remedied within that te rm, the proceedings in such appeals and requests 
shall be terminated.  
 
Ruling on Appeals  
 
Art. 44. (1) ( amended - State Gazette No. 43/2005, in force since 21.08.2005 ) Where an 
appeal is found to be groundless, the President of the Patent Office shall render a decision 
confirming the decision to refuse the registration or the decision to terminate the proceedings.  
 (2) ( amended- State Gazette No. 43 /2005, in force since 21.08.2005 ) Where an appeal is 
wellfounded, the President of the Patent Offi ce shall cancel the decision and shall take a 
decision to register the design, to refer the app lication back for re-examination or to renew the 
proceedings.   (3) Where a decision to refuse registration is can celled on reconsideration of the application, a 
substantive decision shall be taken by the President of the Patent Office.  
 
(4) (new - State Gazette No. 43/2005, in force since 21.08.2005 ) The decision on an appeal 
shall be rendered within three months followi ng its filing date or the remedy of the 
deficiencies, if any.  
 
Request Proceedings  
 
Art. 45. (1) (amended - State Gazette No. 43/ 2005, in force since 21.08.2005 ) A copy of the 
request shall be sent to the holder of the design, who shall be allowed three months within which to lodge an objection.   (2) Where the request is groundless, the President of the Patent Office shall take the decision 
to reject it.  
 (3) Where the request is well-founded, the Presi dent of the Patent Office shall take the 
decision to invalidate the registration either wholly or in part.   
(4) In cases of partial invalidation, the regist ration certificate issued shall be replaces by a 
new one.   (5) ( new - State Gazette No. 43/2005, in force since 21.08.2005 ) The board referred to in 
Article 41(2) may require from the parties to  produce further evidence and materials, if IP/N/1/BGR/D/1/Add.1 
Page 18  
 
  needed. Such further evidence a nd materials shall be sent to the other party, allowing them 
one month to respond in writing.    (6) ( new - State Gazette No. 43/2005, in force since 21.08.2005 ) The decisions on the 
invalidation requests shall be taken within th ree months after the process of collecting the 
evidence referred to in paragraph (5) is over.  
 
Extension of Time Limits 
 
Art. 46. (amended - State Gazette No. 43/2005, in force since 21.08.2005 ) The time limits 
referred to in Article 36 (3), Article 37 (3) and (4) and Article 45 (1) may be extended by 
three months, at the request of the applicant or th e holder filed prior to the expiry thereof, but 
not more than once. An extension request shall not be granted if not accompanied by a document certifying payment of the prescribed fee. 
  Renewal of Time Limits  
 
Art. 47. The applicant or the holder of a design may request renewal of time limits exceeded 
owing to exceptional, unforeseen circumstances.  The request shall be filed within three 
months on elimination of the circumstances that caused the time limit to be exceeded, but no later than one year following the expiry of the time limit exceeded. Decisions to renew time 
limits shall be taken by the President of the Patent Office.  
 
Publications in the Official Bulletin  
 
Art. 48. The Patent Office shall effect publication in its Official Bulletin of all industrial 
design registrations and subsequent changes thereto.  
 
Review by Court  
 
Art. 49. (amended – State Gazette No. 30/2006, in force since 01.03. 2007) The decisions of 
the President of the Patent Office under Article  44 (1) and (3) and Article 45 (2) and (3) may 
be appealed against before the Sofia Administ rative Court within three months following the 
date of receipt of the notification thereof.  
  
Chapter Four - REGISTRATION OF INDUSTRIAL DESIGNS UNDER THE HAGUE 
AGREEMENT  
 International Registration of Industrial Designs   
Art. 50. (1) (amended - State Gazette No. 43/ 2005, in force since 21.08.2005 ) International 
registration of designs is a registration carried out by the International Bureau of the World 
Intellectual Property Organization, hereinafter refe rred to as "the International Bureau", under 
the provisions of the Hague Agreement, here inafter referred to as "the Agreement".  
 (2) With respect to third parties, an internationa l registration shall have effect on the territory 
of the Republic of Bulgaria as of the date  of expiration of the 6-month period under 
Article 8 (1) of the Agreement.  
  IP/N/1/BGR/D/1/Add.1 
 Page 19 
 
 
  Term of Validity of International Registration  
 
Art. 51. The term of validity of an international re gistration on the territory of the Republic of 
Bulgaria shall be as specified in this Law.  
 Procedure before the Patent Office   
Art. 52. (1) International applications designating th e Republic of Bulgaria shall be processed 
at the Patent Office as provided in Article 37.   
(2) (deleted- State Gazette No. 43/ 2005, in force since 21.08.2005 ).  
 (3) (deleted - State Gazette No. 43/ 2005, in force since 21.08.2005 ).  
 
Filing of International Application  
 Art. 53. (amended - State Gazette No. 43/2005, in force since 21.08.2005 ) Natural and legal 
persons having a permanent address or an actua l and effective commercial or industrial 
establishment in the Republic of Bulgaria ma y file international a pplications under the 
Agreement with the International Bureau thr ough the Patent Office of the Republic of 
Bulgaria.  
 
International Applications for Which the Re public of Bulgaria is Country of Origin   
  
Art. 54. An international application for which the Re public of Bulgaria is a country of origin 
shall have no effect on the territory of the Republic of Bulgaria.  
 
 
Chapter Four "a" – COMMUNITY DESIGN ( new – State Gazette No. 73/2006, in force since the 
date of entry into effect of the Agreement for the Accession of the Republic of Bulgaria to the 
European Union)  
 
Art. 54a (new – State Gazette No. 73/2006, in force since the date of entry into effect of the 
Agreement for the Accession of the Repub lic of Bulgaria to the European Union) (1) A design 
which is registered with the Office for Harm onization in the Internal Market (Trade Marks 
and Designs) in accordance with the procedur e and conditions laid down in Council 
Regulation (EC) No. 6/2002 on Community d esigns, hereinafter referred to as "the 
Regulation", or an unregistered design within th e meaning of Article 1 of the Regulation, is 
referred to as a Community design.   (2) A Community design application bearing a f iling date or priority date, as appropriate, 
shall be regarded as an application regularly file d in the territory of the Republic of Bulgaria.  
 
(3) The Patent Office of the Republic of Bulg aria shall act as a central industrial property 
office within the meaning of the Regulation.   (4) The President of the Patent Office sha ll issue certificates for the entry of industrial 
property representatives before the Office for Harm onization in the Internal Market, and shall 
take all necessary steps for that in accordan ce with the requirements of the Regulation. 
 IP/N/1/BGR/D/1/Add.1 
Page 20  
 
  Community Design Application  
 
Art. 54b (new – State Gazette No. 73/2006, in force since the date of entry into effect of the 
Agreement for the Accession of the Repub lic of Bulgaria to the European Union) (1) 
Community design applications must satisfy the requirements of Article 36 of the Regulation.  
 
(2) An application for a registered Community d esign shall be filed directly with the Office 
for Harmonization in the Internal Market or through the Patent Office.   (3) Where an application is filed with the Patent Office, it shall be accompanied by a 
document certifying payment of the fee for forwarding it.  
 (4) The Patent Office shall forward the appli cation to the Office for Harmonization in the 
Internal Market within two weeks of receipt thereof.  
 Community Design Protection   
Art. 54c (new – State Gazette No. 73/2006, in force since the date of entry into effect of the 
Agreement for the Accession of the Republic of Bulgaria to the European Union) (1) Civil law 
protection in cases of infringement of rights in  Community designs shall be effected in 
accordance with the procedure la id down in the Regulation.  
 
(2) Where, according to the Regulation, claims  are lodged and measures are requested in the 
Republic of Bulgaria in connection with the pr otection of a Community design, the Bulgarian 
legislation shall apply, unless otherw ise provided for in the Regulation.  
 
(3) Claims referred to in paragraph (2) shall be  cognizable by the Sofia City Court as a court 
of first instance and the Sofia Court of Appeals as a court of second instance, both courts being Community design courts within  the meaning of the Regulation.  
 
Subsidiary Implementation of Decisions  
 
Art. 54d (new – State Gazette No. 73/2006, in force since the date of entry into effect of the 
Agreement for the Accession of the Repub lic of Bulgaria to the European Union) The 
provisions of the Regulation shall apply to issues that are not governed by this Chapter.  
  Chapter Five - PROTECTION UNDER CIVIL LAW   Infringement of Rights in Designs   
Art. 55. Any use as referred to in Article 19(2) of a registered design in commercial activities 
without the consent of the holder thereof shall c onstitute an infringement of the right in the   
design.  
 
Right to Bring Action  
 
Art. 56. (1) (amended – State Gazette No. 73/2006, in force since 06.10. 2006) The holder of 
the right in a design and the licensee of an excl usive license shall be entitled to independently 
bring an infringement action.   (2) (deleted – State Gazette No. 73/ 2006, in force since 06.10.2006 ).  
  IP/N/1/BGR/D/1/Add.1 
 Page 21 
 
 
  (3) The licensee of a non-exclusive license may brin g an action with the consent of the holder 
only, unless otherwise agreed by contract.  
 
Infringement Actions  
 
Art. 57. (1) Infringement actions under this Law may relate to:  
 
(i) establishment of the fact of infringement;   (ii) suspension of the act of infringement;  
 
(iii) compensation for damages suffered;   (iv) ( new – State Gazette No. 73/2006, in force since 06.10. 2006) seizure and 
destruction of the infringing products, as well as of the means with which the 
infringement was carried out.  
 (2) (amended – State Gazette No. 73/2006, in force since 06.10. 2006) Along with the action 
under paragraph (1), the claimant may lik ewise request through the court that:  
 
(i) (amended – State Gazette No. 73/2006, in force since 06.10. 2006) the infringing 
articles be given to him;  
 (ii) ( new – State Gazette No. 73/2006, in force since 06.10. 2006) the expenses be 
refunded to him for keeping and destroying the infringing articles;   
(iii) ( former item (ii), amended – State Gazette No. 73/2006, in force since 
06.10. 2006) the operative part of the court decision be announced, at the expense of 
the infringer, in two daily publications and during an emission time of a national 
range TV organization as dete rmined by the court.  
 
Determination of Compensation  
 
Art. 57a (new – State Gazette No. 73/2006, in force since 06.10.2006 ) (1) Compensation is 
due for all material and non-material damages su ffered and profits lost, which are a direct and 
proximate consequence of the infringement.   
(2) When determining the compensation amount, the court shall take into account also all 
circumstances of the infringement, as well as all profits the infringement has brought.  
 (3) The court shall rule a just compensation that is to have a deterrent and warning effect on 
the infringer and the rest of the community.  
 Special Cases of Compensation  
 
Art. 57b (new – State Gazette No. 73/2006, in force since 06.10. 2006) (1) Where an action is 
well founded, but there is no sufficient informa tion as to its amount, the claimant may request 
the following compensation:  
 
(i) 500 to 100 000 levs, the concrete amount be ing fixed at the discretion of the court, 
subject to the provisions of Article 57a(2) and (3), or   IP/N/1/BGR/D/1/Add.1 
Page 22  
 
  (ii) the equivalent in money of the infringi ng products at retail prices of legally 
produced articles in which the design is inco rporated or to which it is applied.  
 (2) When determining the compensation referred to in paragraph (1), the profits shall also be 
taken into account that the infringement has brought.   
  
Seizure of Infringing Products  
 
Art. 57c (new – State Gazette No. 73/2006, in force since 06.10. 2006) Seizure of infringing 
products under Article 57(1)(iv) may be requested  both with regard to articles at concrete 
premises and articles in the commercial network.  
 
Responsibility  
 
Art. 57d (new – State Gazette No. 73/2006, in force since 06.10. 2006) Legal persons and 
one-man businesses shall bear civil responsibilit y for any infringement of rights under this 
Law culpably committed by persons representing th em or their employees or persons hired by 
them. In such case, guilt shall be assume d until the contrary is proved.  
 
Procurement of Evidence in Claim and Security Proceedings  
 
Art. 57e (new – State Gazette No. 73/2006, in force since 06.10. 2006) Where the claimant 
has furnished evidence to sustain his claims, and has produced still other evidence, which is 
of importance for solving the case but is under the defendant's control, the claimant may 
request from the court to oblige the de fendant to present such evidence.  
 
(2) The court may oblige the defendant, at the request of the claimant and subject to the 
provisions of paragraph (1), to provide a po ssibility of getting acqua inted with any bank, 
financial and commercial documents that are under his control.   (3) The claimant may not disclose the info rmation contained in the documents under 
paragraph (2).  
 
(4) The representation of evidence of an individual or single use of a design enjoying protection under this Law shall be regarded as sufficient ground to apply the provisions of 
paragraphs (1) and (2).   
(5) The availability of the circumstances re lated to the alleged infringement may be 
established also by producing evidence of an  individual or single illegal use of a design 
enjoying protection under this Law.  
 
Request of Information as to the Origin and Di stribution Networks in Cases of Infringement  
 
Art. 57f (new – State Gazette No. 73/2006, in force since 06.10. 2006) (1) The claimant may 
request that the court obliges the defendant or a third party to furnish information on 
circumstances that are of importance for solving the case.   (2) A "third party" within the meaning of paragraph (1) is any person, who:  
 
(i) keeps infringing products, or   (ii) offers services that lead to infringement; or    IP/N/1/BGR/D/1/Add.1 
 Page 23 
 
 
  (iii) uses infringing services; or  
 (iv) is mentioned by the person referred to in  items (i) to (iii) as a participant in the 
making, production or distribution of such products or services.  
 
(3) The information referred to in paragraph (1) may comprise:  
 
(i) the names and addresses of the producers, distributors, suppliers and any other persons who have previously been in possessi on of the products or services, as well 
as the supposed wholesale or retail distributors;  
 
(ii) information about the quantities that have been produced, delivered, received or ordered, as well as the proceeds from such products or services.  
 (4) The provision under paragraph (1) shall not  apply to cases where it may lead to breaking a 
provision under another law.  
 (5) The provisions under paragraphs (1) and (3) shall apply only to acts performed with the 
purpose of gaining direct or indirect economic or commercial advantage.   
  Provisional Remedies (title amended - State Gazette No. 59/2007, in force since 01.03.2008 )  
 
Art. 57g (new – State Gazette No. 73/2006, in force since 06.10. 2006) (1) ( amended - State 
Gazette No. 59/2007, in force since 01.03.2008 ) Where the right in a design is infringed, or 
where there is good reason to believe that su ch an infringement will be made or some 
evidence will be lost, destroyed or suppressed, the holder of the right or the licensee of an 
exclusive license may request that the court allows some of the following provisional 
remedies as well, without notifying the other party:   
(i) prohibition of the performance of activ ities that constitute or will constitute, as 
contended, illegal use of an industrial design;   
(ii) seizure of the goods that are contended to have an illegally used design, as well as 
of any other evidence of importance for proving the infringement;   (iii) sealing of the premises where infringeme nt is or will be made, as contended.  
 
(2) (amended - State Gazette No. 59/ 2007, in force since 01.03.2008 ) Provisional remedies 
shall be allowed, imposed or reversed in accordance with the provisions of Articles 389 to 
403 of the Code of Civil Procedure, except for the first sentence of Article 398(2), unless otherwise provided for in this Law.   (3) ( amended - State Gazette No. 59/2007, in force since 01.03.2008 ) The "prohibition to 
perform activities" provisional remedy shall be imposed by a court notice thereof.  
 (4) ( amended - State Gazette No. 59/ 2007, in force since 01.03.2008 ) The provisional 
remedies referred to in paragraph (1), items ( ii) and (iii) shall be imposed by a public or 
private bailiff, who shall perform the action alon g with the delivery of the remedy allowance 
notice within three days following the date of re ceipt by the bailiff of the plaintiff's request. 
The provisional remedy intended to prevent a fu ture infringement shall be imposed within a 
term complied with the purpose thereof. Th e confiscated property shall be docketed and 
deposited for safe-keeping by the plaintiff, who may use it as an instrument of evidence only.  
 IP/N/1/BGR/D/1/Add.1 
Page 24  
 
  (5) ( amended - State Gazette No. 59/2007, in force since 01.03.2008 ) The plaintiff or his 
representative shall be entitled to witness or render assistance in the process of imposing of 
the provisional remedies.   (6) (amended - State Gazette No. 59/2007, in force since 01.03.2008 ) The provisional remedy 
referred to in paragraph (1)(i) may be imposed also with respect to third parties for whom 
there is good reason to believe that they assi st the performance of the activity, which 
constitutes or will constitute, as contended, illegal use.   (7) The holder of the right in a design or th e licensee of an exclusive license may not disclose 
the information that has become known to hi m in the process of imposing the remedies 
referred to in paragraph (1) or in connection therewith.  
 
Service Design Actions  
 
Art. 58. (1) Any interested party may bring an action for establishing the service nature of a 
design.   (2) The action shall be brought within one year of learning about the registration.   (3) In the event of disputes under Article 17 (2), the party disagreeing with the remuneration 
as established may bring an action concerning the amount thereof.  
 
Prior Use Actions  
 
Art. 59. Any interested party may bring an action to ascertain the fact of prior use.  
 
Authorship and Joint Authorship Actions 
 
Art. 60. (1) A person claiming authorship or joint au thorship of a design may bring an action 
throughout the term of validity of the registration.   
(2) On the basis of an enforceable court order, the Patent Office shall enter the name of the 
creator in the State Register of Industrial Designs.  
 Provisional Remedies (title amended - State Gazette No. 59/2007, in force since 01.03.2008 )   
  
Art. 60a (new – State Gazette No. 43/2005, in force since 21.08. 2005) (1) ( amended - State 
Gazette No. 59/2007, in force since 01.03.2008 ) Where the right in a registered industrial 
design is infringed, or where there is good reason to believe that such an infringement will be made or some evidence will be lost, destroye d or suppressed, the holder of the right or the 
exclusive licensee may request that the court allows some of the following provisional 
remedies without notifying the other party:  
 
(i) prohibition of the performance of activ ities that constitute or will constitute, as 
contended, illegal use of an industrial design;   (ii) seizure of the goods that are contended to have been manufactured through 
copying or use of a design falling within the scope of protection;  
 (iii) sealing of the premises where infringement is or will be carried out, as contended.  
  IP/N/1/BGR/D/1/Add.1 
 Page 25 
 
 
  (2) (amended - State Gazette No. 59/ 2007, in force since 01.03.2008 ) Provisional remedies 
shall be allowed, imposed or reversed in accordance with the provisions of Articles 389 to 
403 of the Code of Civil Procedure, except for the first sentence of Article 398(2), unless otherwise provided for in this Law.   
(3) (amended - State Gazette No. 59/2007, in force since 01.03.2008 ) The provisional remedy 
"prohibition to perform activities" shall be  imposed by a court notice thereof.  
 (4) ( amended - State Gazette No. 59/ 2007, in force since 01.03.2008 ) The provisional 
remedies referred to in paragraph (1), items ( ii) and (iii) shall be imposed by the bailiff 
performing the action along with the delivery to  the defendant of the remedy allowance 
notice.   (5) ( amended - State Gazette No. 59/2007, in force since 01.03.2008 ) The plaintiff or his 
representative shall be entitled to witness or render assistance in the process of imposing of 
the provisional remedies.  
 (6) (amended - State Gazette No. 59/2007, in force since 01.03.2008 ) The provisional remedy 
referred to in items (ii) and ( iii) of paragraph (1) shall be imposed within three days following 
the date of receipt by the bailiff of the plai ntiff's request. A provisional remedy intended to 
prevent a future infringement shall be impo sed within a term complied with the purpose 
thereof.  
 (7) ( amended - State Gazette No. 59/2007, in force since 01.03.2008 ) If the provisional 
remedy request is found to be groundless, the defendant may claim damages from the person 
who has filed it.  
 
Jurisdiction  
 
Art. 61. (amended - State Gazette No. 30/2006, in  force since 01.03.2007; amended - State 
Gazette No. 73/2006, in force since 13.07.2006 ) All actions under this Law shall fall within 
the cognizance of the Sofia City Court.  
 
 
Chapter Six - BORDER CONTROLS  
 Field of Application (title amended- State Gazette No. 43/2005, in force since 21.08.2005) 
 
Art. 62. (amended - State Gazette No. 43/ 2005, in force since 21.08.2005 ) (1) ( amended - 
State Gazette No. 73/2006, in force since 06.10.2006 ) The holder of the right in a design or 
the licensee of an exclusive license may request that the customs officials detain goods 
carried through the border of the Republic of Bulgaria, for which there is good reason to 
believe that they are infringing a right protected under this Law.  
 
(2) ( amended - State Gazette No. 73/2006, in force since 06.10.2006 ) The border controls 
shall not apply to:  
 (i) (deleted – State Gazette No. 73/2006, in force since 06.10.2006)  
 
(ii) (deleted – State Gazette No. 73/ 2006, in force since 06.10.2006 )  
 (iii) ( amended – State Gazette No. 73/2006, in force since 06.10. 2006) goods not 
intended for commercial purposes, which are carried as a part of the passenger's IP/N/1/BGR/D/1/Add.1 
Page 26  
 
  luggage, provided that they are in a quantity as determined for duty-free import or 
export;   (iv) perishable goods.  
 
(3) ( new - State Gazette No. 73/2006, in force since 06.10.2006 ) The provisions of this 
Chapter shall apply also to any products declar ed before the customs authorities, regardless of 
whether a customs regime has been operated with respect to them.  
 
Border Control Application Terms (title amended - State Gazette  No. 43/2005, in force since 
21.08.2005)  
 
Art. 63. (amended- State Gazette No. 43/2005, in force since 21.08.2005 ) (1) Border controls 
shall be applied on the basis of a written request from the holder of the design, as well as on the initiative of the customs o fficials. Where the permanent address or headquarters of the 
holder of the right is abroad, he shall give  an address for service on the territory of the 
Republic of Bulgaria.   (2) The request referred to in paragraph (1) sh all contain a detailed description of the articles. 
It shall be accompanied by a copy of the design registration certificate, as well as a document certifying that the registration is valid, both documents having been issued by the Patent 
Office.  
 (3) The customs officials shall collect fees as specified by the Council of Ministers for the 
consideration of requests and the a pplication of border controls.  
 
(4) ( amended – State Gazette No. 73/2006, in force since 06.10. 2006) Where the 
circumstances under Article 62(1) are ascertained , the customs officials shall detain the 
goods. Detention shall be carried out by a customs document issued by the competent customs authorities. The latter shall promptly  notify the petitioner, the consignee and the 
consignor about the detention. Those persons shall be entitled to  inspect the detained articles 
and get information about them.  
 
(5) (new – State Gazette No. 73/2 006, in force since 06.10. 2006) If, within 10 working days 
following the date on which the petitioner was notified of the detention referred to in 
paragraph (4), he fails to furnish evidence th at proceeding has been instituted before the 
respective court for adjudication of the dispute on its merits, or that security has been allowed, 
the customs officials shall release the detain ed goods, provided that all clearance requirements 
are satisfied. The petitioner may file a reasoned requ est for the term to be extended by further 
10 working days.   (6) (new – State Gazette No. 73/2006, in force since 06.10. 2006) The competent authorities 
before which the proceeding has been instituted under paragraph (5) shall pass a judgment, in 
response to an appeal from the interested party,  as to whether the detention measures are to be 
affirmed, modified or reversed.   (7) (new – State Gazette No. 73/2 006, in force since 06.10. 2006) A refusal on the part of the 
customs officials to satisfy a detention request sh all be appealable before the Sofia City Court 
in accordance with the provisions of th e Code of Administrative Procedure.  
 (8) (new – State Gazette No. 73/2006, in force since 06.10. 2006) The customs officials shall 
bear no responsibility for being unable to identif y, when exercising control, the articles for 
which detention is requested, as well as for th eir detention acts performed in good faith.   IP/N/1/BGR/D/1/Add.1 
 Page 27 
 
 
   
Actions on the Initiative of the Customs Authorities  
 
Art. 63a (new – State Gazette No. 73/2006, in force since 06.10. 2006) (1) The customs 
officials may, on their own initiative or at the request of another state agency, detain goods 
for which there is good reason to believe that they are infringing a right protected under this 
Law.   (2) In the cases under paragraph (1), the custom s officials shall promptly notify the persons 
referred to in Article 63(1), as well as the consi gnee and the consignor of the products, giving 
them the possibility to inspect the detained ar ticles. The customs officials may require from 
the holders of the rights any information for the performance of examination.   (3) The decision referred to in paragraph (1) may be appealed before the Sofia City Court in 
accordance with the provisions of the Code of Administrative Procedure.  
 
(4) If, within 10 working days following the dete ntion date, no proceeding is instituted before 
the court for adjudication of the dispute on its me rits or no security is allowed by the court, 
the customs officials shall release the detain ed goods, provided that all clearance requirements 
are satisfied.   
(5) The customs officials shall bear no responsibility for their detention acts performed in 
good faith.   
  
Complementary Regulation  
 
Art. 64. The procedures and manner of application of this Chapter shall be specified in an 
ordinance of the Council of Ministers.  
 
Application of Council Regulation 1383/2003/EC  
 
Art. 64a (new – State Gazette No. 73/2006, in force since the date of entry into effect of the 
Agreement for the Accession of the Repub lic of Bulgaria to the European Union) The 
provisions of this Chapter shall apply only to the extent that they do not contradict the 
provisions of Council Regulation 1383/2003/EC concerning the actions of the customs officials against goods that are found to infringe rights protected under this Law.  
 
 
Chapter Seven - ADMINISTRATIVE PENAL LIABILITY  
 
Administrative Violations and Penalties (title amended - State Gazette No. 43/2005, in force since 
21.08.2005)  
 
Art. 65. (amended - State Gazette No. 43/2005, in  force since 21.08.2005; supplemented – 
State Gazette No. 73/2006, in force since 06.10.2006 ) (1) A fine of 500 to 1,500 leva shall be 
imposed on any person who produces, offers fo r sale, places on the market, imports or 
exports, or stocks for those purposes goods manufactured by copying or use of a design falling within the scope of protection under Artic le 18 without the consent of its holder, and a 
property sanction of 1,000 to 3,000 leva sh all be imposed on one-man businesses or legal 
entities.   IP/N/1/BGR/D/1/Add.1 
Page 28  
 
  (2) Where the infringement referred to in paragra ph (1) is repeated, the fine imposed shall be 
1,500 to 3,000 leva, and the property sanc tion imposed on one-man businesses or legal 
entities shall be 3,000 to 5,000 leva.   (3) An infringement is repeated if performed with in one year following the entry into effect of 
the penal provision against the infringer for the same kind of infringement.  
 (4) The goods shall be seized, rega rdless of the ownership thereo f, and they shall then be 
destroyed, the holder of the industrial design or an authorized person be ing allowed to witness 
the process of destruction.  
 
(5) (deleted – State Gazette No. 73/ 2006, in force since 06.10.2006 ).  
 
Establishment of infringements  
 
Art. 66. (new - State Gazette No. 43/2005, in force since 21.08.2005 ) (1) Infringements shall 
be established by a statement of  infringement drawn up by an official as appointed by the 
President of the Patent Office, following an inspection conducted with the assistance of the Ministry of the Interior.   (2) No inspection shall be conducted and no administrative penal proceedings shall be 
instituted in the case of proceedings under Article 29 that have already started.  
 
Powers of the Official  
 
Art. 67 (new - State Gazette No. 43/2005, in force since 21.08.2005 ) (1) The official referred 
to in Article 66(1) shall be entitled to:  
 
(i) demand access to the sites subject to inspection;   (ii) demand all necessary documents relate d to the inspection and take samples for 
expert opinion.  
 
(2) The official shall be obliged to:   
(i) give in the statement of infringement a precise report on the inspection results;   
(ii) keep the official, production and trade secrets he learns of in connection with the 
inspection;   (iii) keep all inspection information in secret;    (iv) use the inspection information for th e purposes of the administrative proceedings 
only.  
 
Obligation to Assist  
 
Art. 68. (new - State Gazette No. 43/2 005, in force since 21.08.2005 ) The persons working at 
the premises where the inspection under Article  66(1) is conducted shall be obliged to:  
 
(i) provide unimpeded access to the premises under inspection;   (ii) furnish all documents and evidence demanded by the official;   IP/N/1/BGR/D/1/Add.1 
 Page 29 
 
 
   
(iii) keep the articles deposited for safe keeping;   (iv) provide assistance to the official s in connection with the inspection.  
 Infliction and Execution of Administrative Sanctions   
Art. 69. (new - State Gazette No. 43/2005, in force since 21.08.2005 ) (1) Penal injunctions 
shall be issued by the President of the Patent Office or by an official authorized by him.  
 
(2) The voluntary execution of fines or property sanctions shall be carried out within seven 
days following entry into effect of the penal injunction or court decision they were imposed 
by, and the respective amount of money shall be paid in the pay room of the Patent Office or shall be remitted to its account.   
(3) (amended – State Gazette No. 105/2005, in force since 01.01. 2005) On expiry of the term 
referred to in paragraph (2), a copy of the pe nal injunction shall be sent to the Government 
Collection Agency for forced ex ecution of the fine or property sanction in accordance with 
the Tax Procedure Code.   (4) On entry into effect of the penal injunction or court order, the goods seized shall be passed 
over to the Ministry of the Interior for destruction.  
 
Application of the Law on Administrative Violations and Penalties  
 
Art. 70 (new - State Gazette No. 43/2005, in force since 21.08.2005 ) Infringements shall be 
established and penal injunctions shall be issu ed, appealed and executed in accordance with 
the Law on Administrative Violations and Penalties, unless otherwise provided in this 
Chapter.  
  
ADDITIONAL PROVISIONS  
 
§ 1. For the purposes of this Law:  
 
(i) "Hague Agreement" means the Hague Agreement Concerning the International 
Deposit of Industrial Designs of November  6, 1925, as revised at The Hague on 
November 28, 1960.  
 (ii) "Paris Convention" means the Paris Convention for the Protection of Industrial Property, concluded on March 20, 1883, as revised and amended.   (iii) "Locarno Agreement" means the Locarno Agreement Establishing the 
International Classification for Industrial D esigns of October 8, 1968, as amended on 
October 2, 1979.   (iv) "Local industrial property representative" means any person who is a representative within the meaning of Article 3 (2) of the Patent Law.  
 
(v) "State examiner" means any person who is an examiner within the meaning of 
Article 83 (3) of the Patent Law.   IP/N/1/BGR/D/1/Add.1 
Page 30  
 
  (vi) ( new - State Gazette No. 43/20 05, in force since 21.08.2005 ) "Article" means any 
separate production or commercial unit obtaine d by using industrial or craft methods 
and intended to satisfy human necessities.   (vii) ( new - State Gazette No. 43/2005, in force since 21.08.2005 ) "Complex article" 
means any article composed of a number of parts that may be replaced in order to 
allow the disassembly or repeated assembly of the article.    (viii) ( new - State Gazette No. 43/2005, in force since 21.08.2005 ) "Part of a complex 
article" means any separate structural elem ent intended to be assembled into that 
article and capable of independent commerc ial realization, such as: automobile 
steering wheels or headlights, bicycle pedals, bottle caps, etc.   (ix) ( new - State Gazette No. 43/200 5, in force since 21.08.2005 ) "Set of articles" 
means structurally individual articles subj ected to a common visual or stylistic 
principle of external shaping and intended  for a common purpose, such as: dinner set, 
children's play, suite of furniture.   (x) ( new - State Gazette No. 43/2005, in force since 21.08.2005 ) "Composition of 
articles" means the stylistic combination of ar ticles with the same principle of internal 
shaping, such as: interior decoration, kitchen or dining car furnishing, etc.  
 
(xi) ( new - State Gazette No. 43/2005, in force since 21.08.2005 ) "Packing" means 
any article that serves to pack up and/or transport another article.  
 (xii) ( new - State Gazette No. 43/2005, in force since 21.08.2005 ) "Graphic symbol" 
means any arbitrary sign serving to mark or perceive an object, idea, image, etc.  
 (xiii) ( new - State Gazette No. 43/2005, in force since 21.08.2005 ) "Typographic 
typeface" means any set of letters, figures or characters drawn in a certain manner.   (xiv) ( new - State Gazette No. 43/2005, in force since 21.08.2005 ) "Informed user" 
means any user possessing knowledge, experi ence and interests in the respective 
economic sector to which the product belongs that the design is incorporated in or applied to.   (xv) ( new - State Gazette No. 73/200 6, in force since 06.10.2006 ) "Import or export 
of goods" means the actual carrying across the border of the Republic of Bulgaria of 
goods in which a design, falling within the scope of protection under this Law, is 
incorporated or to which it is applied, regardless of whether the customs regime has 
been operated with respect to such goods.  
 § 1a. ( new – State Gazette No. 73/2006, in force sin ce the date of entry into effect of the 
Agreement for the Accession of the Repub lic of Bulgaria to the European Union) The 
provisions of this Law that apply to the Europ ean Union member States shall apply also to the 
other States in the European Economic Area.  
  TRANSITIONAL AND FINAL PROVISIONS   
§ 2. The legal protection of a design under this  Law shall not prejudice its concurrent 
protection under the Copyright and Related Rights Law.    IP/N/1/BGR/D/1/Add.1 
 Page 31 
 
 
  § 3. This Law shall apply also to applications fo r the registration of designs that are still 
pending on its entry into force.   § 4. The term of validity of an industrial desi gn registered under the Law on Trademarks and 
Industrial Designs that has not expired on entry in to force of this Law shall be determined in 
accordance with Article 15.  
 § 5. This Law shall prevail over Section II of th e Law on Trademarks and Industrial Designs 
(publ. in State Gazette No. 95/1967; ame nd. in Nos.55/1975, 56/1986 and 27/1993) and 
Articles 1, 46, 47, 48, 49, 50, 51, 52 of the same Law in the part concerning industrial 
designs.  
 § 6. The Patent Law (publ. in State Gazette No. 27/1993; amend. in No.83/1996 and 
No.11/1998) shall be amended as follows:   
1. In Article 80, item 2, "industrial designs" shall be replaced by "industrial designs".  
 2. In § 10 of the Transitional and Fina l Provisions, "utility models and industrial 
designs" shall be added after "service inventions".  
 § 7. The Criminal Code (publ. in State Gazette No . 26/1968; rev. in No .29/1968; amend. in 
Nos. 92/1969, 26 and 27/1973, 89/1974, 95/1975, 3/1977, 54/1978, 89/1979, 28/1982; rev. in 
No. 31/1982; amend. in Nos. 44/1984, 41 and 79/ 1985; rev. in No. 80/1985; amend. in No. 
89/1986; rev. in No. 90/1986; amend. in Nos.  37, 91 and 99/1989, Nos. 10, 31 and 81/1990, 
Nos. 1 and 86/1991; rev. in No. 90/1991; amend. in Nos. 105/1991, 54/1992, 10/1993,  50/1995, 97/1995 - Decision No. 19/1995 of the Constitutional Court; amend. in Nos. 
102/1995, 107/1996, 62 and 85/1997; 120/1997 - Decision No. 19/1997 of the Constitutional 
Court; amend. in Nos. 83, 85, 132, 133 and 153/1998, 7 and 51/1999) shall be amended as 
follows:   
1. In Article 173 (2), "industrial design" shall be replaced by "industrial design", and "rationalization" shall be replaced by "utility model".  
 
2. In Article 174, "industrial design" sha ll be replaced by "industrial design" and 
"rationalization" shall be replaced by "utility model".  
 § 8. The Commercial Law (publ. in State Gazette No. 48/1991; amend. in Nos.25/1992, 61 
and 103/1993, 63/1994, 63/1995, 42, 59, 83, 86 and 104/1996, 58, 100 and 124/1997, 52 and 
70/1998, 33, 42 and 64/1999) shall be amended as follows:   
1. In Article 587, "industrial design" sh all be replaced by "industrial design".  
 2. In Article 588, "industrial design" sh all be replaced by "industrial design".  
 
§ 9. In § 1, item 8 of the complementary provisions of the Law on the Corporate Income 
Taxation (publ. in State Gazette No.115/1997; rev. in No.19/1998; am end. in .Nos. 21 and 
153/1998, 12, 50 and 51/1999), "indus trial design" shall be replaced by "industrial design".  
 
§ 10. In Article 31 (1) of the Cooperative Society Law (publ. in State Gazette, No.63/1991, 
amend. in Nos. 34 and 55/1992, No. 63/1994, Nos.59 and 103/1996, No. 52/1997, No. 52/1998) "industrial desi gns" shall be replaced by "industrial designs"*.  
 IP/N/1/BGR/D/1/Add.1 
Page 32  
 
  § 11. In Article 19 (2), item 2, of the Bookkeeping Law (publ. In State Gazette No. 4/1991, 
amend. in Nos. 26/1992, 55/1993, 21, 33 and 59/1996, 52/1997, 21/1998, 57/1999) "industrial 
designs" shall be added after "marks".  § 12. The Council of Ministers shall adopt Regulations for the drafting, filing and 
examination of applications for the registrati on of industrial designs, as well as a Tariff of 
Fees.   § 13. The President of the Patent Office shall issue instructions and guidelines on the 
implementation of this Law.  
 
§ 14. The implementation of this Law shall be assigne d to the President of the Patent Office.  
 § 15. This Law shall enter into force three months  after its publication in the State Gazette. 
 
 ---------------------------------------------  
 This Law was passed by the XXXVIII National Assembly   on 2 September 1999,   
and the official seal of the Nationa l Assembly was affixed to it.  
    
 
 
Transitional and Final Provisions of the  
Law on the Amendment of the Law on Industrial Designs  
(Publ. In State Gazette No. 43/2005, in force since 21.08.2005)  
 
§ 32. This Law shall apply also to applications  for the registration of designs that are still 
pending on its entry into force.   § 33. Requests for invalidation of registrations filed prior to the date of entry into force of this 
Law shall be handled in accordance with the latter.  
 
§ 34. This Law shall enter into force three mont hs after its publication in the State Gazette.  
  
Transitional and Final Provisions of the   
Tax Procedure Code  
(Publ. In State Gazette No. 105/2005, in force since 01.01.2006)  
 
§ 88. The Code shall come into effect on 1 January 2006, except for Article 179(3), 
Article 183(9), § 10, item 1 "e" and item 4 "c",  § 11, item 1 "b" and § 14, item 12 of the 
Transitional and Final Provisions, which shall co me into force on the day of publication of the 
Code in the State Gazette.  
   IP/N/1/BGR/D/1/Add.1 
 Page 33 
 
 
  Transitional and Final Provisions of the  
Code of Administrative Procedure  
(Publ. In State Gazette No. 30/2006, in force since 12.07.2006)  
 
§ 142 The Code shall come into effect on 1 January 2006, except for:  
 
1. Section Three, § 2, item 1 and § 2, item 2 – concerning the abrogation of Chapter Three, 
Section II "Appeal Through the Court", § 9. items  1 and 2, § 11, items 1 and 2, § 15, § 44, 
items 1 and 2, § 51, item 1, § 53, item 1, § 61, item 1, § 66, item 3, § 76, items 1 to 3, § 78, § 79. § 83, item 1, § 84, items 1 and 2, § 89, items 1 to 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 
– concerning the replacement of the word "regi onal" by "administrative", and the replacement 
of "Sofia City Court" by "Sofia Administra tive Court", which shall become effective as from 
1 March 2007;  
 
2. Paragraph 120, which shall come into effect on 1 January 2007;  
 3. Paragraph 3, which shall come into effect on the day of publication of the Code in the State Gazette.  
 
 
Transitional and Final Provisions of the  
Law on the Amendment of the Law on Industrial Designs  
(Publ. In State Gazette No. 73/2006, in force since 06.10.2006)  
 
§ 28 (in force since the date of entry into e ffect of the Agreement for the Accession of the 
Republic of Bulgaria to the European Union) Co mmunity designs that are valid on the date of 
accession of the Republic of Bulgaria to the European Union, as well as Community design 
applications filed prior to that date, will have e ffect in the territory of the Republic of Bulgaria 
as of that date.   
§ 29. This Law shall enter into force one m onth after its publication in the State Gazette, 
except for § 6, § 15, § 23, §27, and § 28, which shall come into force on the date of entry into effect of the Agreement for the Accession of the Republic of Bulgaria to the European Union, 
and § 19, which shall take effect on 13 July 2006.  
 
 
TRANSITIONAL AND FINAL PROVISIONS  
of the Code of Civil Procedure  
(published in State Gazette No. 59/2007 , in force as from 01.03. 2008)  
 
§ 61. The Code shall take effect on 1 March 2008, except for:   
1. Part Seven "Special rules concerning the civil proceedings under the operation of the 
European Union Law";   2. Paragraph 2(4);  
 
3. Paragraph 3 concerning the replacement of Chapter Thirty Two "A" "Special Rules for 
Recognition and Admission of Fulfillment of De cisions of Foreign Courts and of Foreign 
Bodies" by Arts. 307a to 307e, and replacement  of Part Seven "Proceedings for Returning a 
Child or Exercising the Rights of Personal Relations" by Arts. 502 to 507;  IP/N/1/BGR/D/1/Add.1 
Page 34  
 
   
4. Paragraph 4(2);   5. Paragraph 24;    
6. Paragraph 60,  
 which will take effect three days after prom ulgation of the Code in the State Gazette.  
  Relevant Acts of the European Law   
DIRECTIVE 2004/48/EC OF THE EUROPEAN PA RLIAMENT AND OF THE COUNCIL of 20 
April 2004 on the Enforcement of Intellectual Property Rights   
DIRECTIVE 98/71/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 
October 1998 on the legal protection of designs   COUNCIL REGULATION (EC) No 3295/94 of 22 D ecember 1994 laying down measures to prohibit 
the release for free circulation, e xport, re-export or entry for a suspen sive procedure of counterfeit and 
pirated goods  
 
REGULATION (EEC) No. 2380 /74 OF THE COUNCIL of 17 September 1974 adopting provisions for the dissemination of information relating to  research programmes for the European Economic 
Community   
COUNCIL REGULATION (EC) No 6/2002 of 12 December 2001 on Community designs  
 REGULATION (EC) No. 1383/2003 OF THE COUNC IL of 22 July 2003 concerning customs 
actions against action suspected of infringing certain  intellectual property rights and the measures to 
be taken against goods found to have infringed such rights.  
 
 
__________