Information for Review under TRIPS Art. 24.2 (Checklist of Questions on GIs) - View details of the document

Bulgaria

The Bulgarian laws do not provide for the protection of geographical indications within the sense of Article 22.1 of the TRIPS Agreement. In Bulgaria, being member of the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, the Law on Trademarks and Industrial Designs provides for the protection of appellations of origin. Legal protection is granted through their registration at the Patent Office. The term "geographical indication" is not used in the Bulgarian Unfair Competition Law. The Law uses the term "origin". Article 33.1 of the Law provides for a prohibition of offering for sale or advertising of goods with a mark, packing or name, which mislead or lead into error with regard to the origin of the product.

The regime of protection of appellations of origin is the same for all products.

The regime of protection of appellations of origin concerns products only

There are not any specific provisions of this kind in the Law on Trademarks and Industrial Designs.

The Law on Trademarks and Industrial Designs provides for legal protection of appellations of origin through their registration at the Patent Office.

There are 192 local appellations of origin registered, e.g. Bulgarian yoghurt, Traminer from Khan Kroum for wine, Merlou from Sakar for wine, etc.

The Law on Trademarks and Industrial Designs does not provide for a higher level of protection for wines and spirits compared to any other product.

The Law on Trademarks and Industrial Designs provides for appellations of origin to enjoy protection against incorrect use or counterfeit also in cases where the true origin of the products is indicated on the product itself, or where the appellation of origin is translated into a foreign language and the terms "kind", "type", "style", "imitation", etc. are added thereto. That prohibition concerns any products, not only wines or spirits.

The definition of appellation of origin is in compliance with that contained in the Lisbon Agreement. Under Article 38 of the Law on Trademarks and Industrial Designs an appellation of origin is the geographical name of the country, region or locality, which serves to designate the goods originating in that country, region or locality, whose characteristics or peculiarities are due exclusively or essentially to the geographical environment, including the natural factors or traditions of production.

The definition of appellations of origin under the Law on Trademarks and Industrial Designs does not comprise the reputation of the products as a criterion.

The criteria are: geographical environment, including natural factors and/or traditions of production; specific properties of the products due to the geographical environment; products shall be made in the indicated territory.

There is a human factor involved in the registration of appellations of origin, i.e. the traditions of production.

No other intellectual property rights are involved in the registration of appellations of origin.

The geographic region or area shall be defined by the office whose activity covers the production of the respective goods.

Bulgarian laws do not contain criteria concerning homonymous appellations of origin

Under the Law on Trademarks and Industrial Designs, appellations of origin registered in the country of origin may be applied for registration in Bulgaria too.

Foreign appellations of origin are registered in Bulgaria if only they have been registered in the country of origin (Article 39.3 of the Law on Trademarks and Industrial Designs).

Subject of protection under the Law on Trademarks and Industrial Designs are appellations of origin only.

The Law does not contain any provisions concerning homonymous geographical indications for wines and spirits. The Patent Office disposes of no information as to whether such provisions are contained in other specific laws.

Any natural or legal person who carries out his production activity in the indicated locality shall be entitled to use the appellation of origin (file the application resp.), provided that the properties of the products he makes correspond to the specific features characterizing the appellation of origin.

Appellations of origin shall be registered at the Patent Office.

Appellations of origin are not registered ex officio; registration is carried out at the request of the person concerned.

There is a fee provided for the registration and publication in the Official Bulletin of the Patent Office (Tariff of Fees Collected by the Patent Office of the Republic of Bulgaria, State Gazette No. 53 of 4 July 1997).

The criteria are not purely geographic in nature; they comprise the human factor as well.

The criteria are: geographic environment, including natural conditions and/or traditions of production; specific properties of the products due to the geographic environment; products shall be made in the indicated territory.

An application must contain: data identifying the applicant; data concerning the subject of activity of the applicant; a list of the products the appellation of origin relates to; the appellation of origin; the country, region or locality where the products are made; the borders of the geographic region; specific properties or peculiarities of the products.

A list of the products covered by the application for registration of the appellation of origin must be given.

There are no such mechanisms provided

Please, see the answer to question 25 above.

[Answer 25: There are no such mechanisms provided]

The procedure is the same.

Protection of appellations of origin is not restricted in time.

There are no such provisions (see the answer to question 28 above).

[Answer 28: Protection of appellations of origin is not restricted in time.]

There is no provision requiring use of the appellation of origin in order to maintain its protection.

There is no provision for such a requirement in the law (see the answer to question 30 above).

[Answer 30: There is no provision requiring use of the appellation of origin in order to maintain its protection.]

The institution whose activity the production of the respective goods relates to.

The Law on Trademarks and Industrial Designs contains no provisions concerning such procedures.

No (see the answer to question 30 above).

[Answer 30: There is no provision requiring use of the appellation of origin in order to maintain its protection.]

Registered Bulgarian appellations of origin are cancelled upon termination of the production of all users of the appellation of origin. Foreign appellations of origin are cancelled upon their cancellation in the country of origin.

Any person who carries out production activity in the indicated locality and whose products possess the specific properties characterizing the appellation of origin may use that appellation of origin after he is registered as a user thereof in the Register of Appellations of Origin kept by the Patent Office.

The manner of use of an appellation of origin shall be determined by the parties entitled to use it (the users).

In order to acquire the right to use an appellation of origin, users must be registered in the Register of Appellations of Origin, subject to payment of fees for the registration and the publication in accordance with a tariff of fees endorsed by the Council of Ministers (Tariff of Fees Collected by the Patent Office of the Republic of Bulgaria, State Gazette No. 53 of 4 July 1997).

According to Article 51 of the Law on Trademarks and Industrial Designs disputes regarding use of appellations of origin are resolved by District courts.

Under the Law on Trademarks and Industrial Designs, there is no obligation for continuous use of appellations of origin in order to maintain the protection thereof.

There is no provision concerning disputes over continuity of use of appellations of origin.

There is no provision allowing licensing of rights to use appellations of origin.

The Law on Trademarks and Industrial Designs does not contain such provisions.

There are no provisions of this kind in the Law on Trademarks and Industrial Designs. The Law provides for a possibility to register a mark containing a registered appellation of origin (Article 44). Such a mark may be registered if the applicant is registered as a user of the appellation of origin.

The Law on Trademarks and Industrial Designs does not contain such provisions.

Trademark registration shall be refused or cancelled, where there is a registered appellation of origin for identical or similar goods.

According to Article 4 (i) of the Law on Trademarks and Industrial Designs provides for a trademark registration to be refused or cancelled, if the mark consists of or contains a geographic indication differing from the place of the true origin of the products.

Article 52 of the Law on Trademarks and Industrial Designs provides for the deprivation on behalf of the State of goods, imported or produced in Bulgaria and bearing a false appellation of origin. Article 33 of the Law on the Protection of Competition prohibits the advertising or offering for sale of goods bearing a name which misleads or may lead into error as regards the origin of the goods. Article 227 of the Penal Code provides for a penalty, i.e. imprisonment of up to 3 years or a fine of one million leva, for any person illegally using the appellation of origin of a third party for the purpose of unfair competition.

The right to enforce an appellation of origin belongs to all registered users

Under Article 52 of the Law on Trademarks and Industrial Designs the deprivation on behalf of the State shall be carried out on the basis of a penal injunction issued by the President of the Patent Office. Under the Law on the Protection of Competition, the Competition Protection Committee is authorized to ascertain the fact of infringement and to impose property sanctions and penalties.

Appellations of origin shall be published in the Official Bulletin of the Patent Office following their registration.

Where a registered appellation of origin is used, for the purpose of unfair competition, by a person who is not registered as a user, such an act shall be regarded as a crime. The procedures are stipulated in the Code on Penal Procedure.

The Republic of Bulgaria is party to the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration. Chapter III "Appellations of Origin" of the Law on Trademarks and Industrial Designs is in compliance with that Agreement.

The Republic of Bulgaria is party to the Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods, and Article 52 of the Law on Trademarks and Industrial Designs is in compliance with the provisions of that Agreement.