IP laws in Bulgaria consists of three major parts: 1. IP laws and regulations in the Republic of Bulgaria; 2. International agreements and treaties which Bulgaria concludes, participates in and approves, implemented as part of domestic law of Bulgaria; 3. EU legislation concerned.

In order to better solve the problems in relation to the application, acceptance and authorization of IP of patent, trademark, new plant varieties and the like, Bulgaria has made several implementing rules according to relevant IP laws. Bulgaria is the member state of many major IP protection regulations, a member state of WTO, and a signatory state of Marrakesh Agreement Establishing the World Trade Organization, subject to Agreement on Trade-Related Aspects of Intellectual Property Rights.

Patent for Invention

Invention and Utility Model Registration Law (referred to as Patent Law, revised in 2007) is the basic law stipulating patent for invention and patent for utility model. According to the law, patent protection can be authorized to any invention with novelty, inventive step and applicability to industrial use.

Bulgaria joined European Patent Convention in 2002 as a contracting party. Patent granted through European Patent Convention can be effective in Bulgaria.

The patent right is owned by the one who files the patent application. If two or more applicants apply for the same patent for invention at different times, the patent right is owned by the one who files the application first.

According to the Patent Law of Bulgaria, the exclusive right of invention is obtained by means of granting the patent right, and the right contains the right to use the patent, the right to prohibit the third party to use the invention without the consent of the right owner, and the right to dispose of the patent.

In Bulgaria, the term of exclusive right granted to the patent for invention is 20 years from the date of filing the patent application, and annual fees should be paid. The Patent Law of Bulgaria also stipulates the protection for utility model. According to Bulgarian law, the industrial design according with novelty and originality elements can be granted with registration certificate and put into national registration system. The term of protection for the first time is 10 years and can be renewed to 25 years.

Trademark

In order to meet the requirements of TRIPS and EU Treaty of Union, current Trademark Law in Bulgaria is Trademark and Geographical Identity Law effective on December 14, 1999, and Trademark and Industrial Design Law enacted on December 5, 1967 were abolished simultaneously. The current Trademark Law has been revised in 2005 and in 2006, which basically adopts EU standards, so as to standardize registration, use, suspension, renewal and protection of trademark, collective mark, certification mark and geographical identity.

According to the Trademark Law of Bulgaria, “trademark” means the identity that can differentiate some goods or service from other goods or service and that can symbolize the location. All trademark applications shall meet basic requirements specified in Trademark Law. Goods and service trademark, collective mark and certification mark shall be registered before the exclusive right to use trademark can be obtained. The right shall become effective from the date of filing the trademark application.

In Bulgaria, the term of trademark protection is 10 years. Once the term is expired, renewal is possible. The renewed period in each renewal is 10 years. If the trademark is not used within 5 years, the trademark protection will be terminated.

Coyright In 1993, Bulgaria made Copyright and Neighboring Rights Law to protect literary, artistic and scientific works. In Clause 3 of the Law, the protected works are fully enumerated, including computer software (as literary works).

Without permission of the author, the use of protected works is not allowed, unless under specific conditions. From 2000, some stipulations in Copyright Law of Bulgaria go in line with EU and international treaties, including major changes that took place in March, 2011; that is, government arbitration is introduced in copyright contract negotiation between the copyright holder and the copyright collective management organization.

According to Copyright and Neighboring Rights Law (2011), literary, artistic and scientific works shall be protected by the law, regardless of their type, form of expression, characteristics, way of communication or object. However, ideology, skills, system, operation method, concept, principles or discovery are not protected by the law.

The copyright of Bulgaria includes economic rights and moral rights.

According to Copyright and Neighboring Rights Law of Bulgaria, unless expressly stated, the copyright shall be renewed to the time 50 years after the death of the author; that is, it is produced or published after the author dies.

The term of copyright protection for works of joint authorship shall be renewed to 50 years after the death of the last surviving author. Unless otherwise specified in laws, the copyright of collective works shall be renewed to 50 years upon production or publication of the works for the first time.