Article 13 of the Hungarian Copyright Act ensures to the author "exploitation" as an economic right by means of a general clause stating without any particulars: any exploitation of the work is subject to the licence of the author, unless otherwise provided for by law. The underlying reason is that it would have been rather difficult to define exactly the modes of exploitation in full details and that in this way any new mode of exploitation that may emerge with the development of technology automatically falls within the scope of the law. The general concept of the exploitation of copyright is further defined by Article 10, paragraph (1) of Implementing Decree No. 9/1969. (XII.29) MM as follows: "Pursuant to the Act, exploitation shall be taken to mean the process whereby the work or part of it is communicated to the public". Public distribution and rental clearly fit in with the notion of "exploitation". The authors' rights, under the Copyright Act, do not exhaust with the sale of copies in respect of either computer programs, the video versions of films or other works. The Copyright Law of Hungary therefore is in compliance with Article 11 of the TRIPS Agreement.

According to Article 21(1) of the Hungarian Copyright Act, a work, which is already disclosed, may be performed at school celebrations and for other school purposes. In our view, it is in compliance with Article 13 of the TRIPS Agreement, but changes, further restrictions are planned to make this compliance more obvious and to take account of the latest technological developments.

Temporary protection is carried out through the possibility to refer to the priority right as from the date of exhibiting of the mark, provided that, within one month after the exhibition is closed, an application is filed for the registration of the mark.

Article 4(d) of the Law on Trademarks and Industrial Designs provides that signs which are known in the country as world-known marks shall not be registered or used as marks. This provides for a privileged protection, i.e. a mark known as a world-famous mark represents an obstacle to the registration of an identical or similar mark belonging to a third party, regardless of whether it is registered or not, and regardless of the goods or services it is used for. A mark may enjoy such a protection provided that it meets the following conditions: the mark shall be known and its renown shall be nothing but world renown. Article 6bis of the Paris Convention for the Protection of Industrial Property provides special protection of marks which are well-known in the territory of the respective country. Where a mark is well-known within the territory of Bulgaria, but there is no registration thereof, it represents an obstacle to the registration of an identical or similar mark belonging to a third party with regard to identical or similar goods or services only. Such protection is more narrow than that under Article 4(d) of the Law on Trademarks and Industrial Designs, which provides for no restrictions with regard to the goods or services. Protection under Article 6bis of the Paris Convention for the Protection of Industrial Property is afforded when the following conditions are met: the mark shall be well-known and its renown shall be a fact prior to the filing date of an identical or similar mark of a third party.

The Law on Trademarks and Industrial Designs provides for a possibility to cancel the registration of a mark, where the latter has not been used for a continuous period of five years. Under Article 19 of the TRIPS Agreement this period is three years. Article 23 of the Law on Trademarks and Industrial Designs does not provide for the acceptance of circumstances arising independently of the will of the owner of the trademark and representing an obstacle to its use. However, according to the practice of the Patent Office of the Republic of Bulgaria, such circumstances should not affect the mark use requirements.

Article 29 of the Law on Trademarks and Industrial Designs provides that registration of an industrial design shall confer the right to the exclusive use thereof. Such a right implies that third parties are prohibited from using the design without the consent of its holder.

The provisions of the Law on Copyright and Neighbouring Rights of the Republic of Bulgaria concerning renting of computer programs and cinematographic works are in compliance with the requirements of Article 11 of the TRIPS Agreement. The Law on Copyright and Neighbouring Rights treats computer programs as copyright objects and provides for their protection in Article 3, paragraph 1, subparagraph 1. The copyright over such a program belongs to the person, whose work has resulted in the creation of the computer program. In case the computer program was created under an employment contract and unless otherwise agreed, the copyright over it shall belong to the employer (Article 14 of the Law on Copyright and Neighbouring Rights). Article 18 of the Law on Copyright and Neighbouring Rights stipulates that the author of a computer program or cinematographic work is entitled to the exclusive right to use the work created by him and to permit its use by other persons. Paragraph 2.4 of the Additional Provisions of the Law provides that renting of computer programs and cinematographic works is a form of distribution of the work, that is qualified as a form of use of the work under Article 18.2. Under the provisions of Article 18.4 of the Law on Copyright and Neighbouring Rights the author shall reserve for himself the right to permit renting the originals or copies of the work, notwithstanding to the transfer of the ownership. Article 25 of the Law on Copyright and Neighbouring Rights stipulates that no copies of computer programs for personal use are allowed.

The provisions of Article 3.2 of the Law on Copyright and Neighbouring Rights stipulate that translations and interpretations of folklore works of art are subject to copyright, while Article 4 excludes folklore works of art themselves from the list of those, subject to protection. These provisions are not in contradiction because Article 3.2 of the Law is related to the copyright of "secondary" products – translations and interpretations. The folklore work of art itself is not and cannot be considered as subject to protection.

The provisions of Article 18.3 of the Law on Copyright and Neighbouring Rights are to be considered in relation to Article 18.1 of the same Law, according to which any author possesses the exclusive right to use his creation and to permit the use thereof by other persons. In order to allow the existence of such a use regarding the forms enlisted in Article 18, paragraph 2, subparagraphs 3-8 of the Law, it is necessary that the relevant actions are done in a way as to enable an unlimited number of people to perceive the work. The public presentation, performance, display of the work are to be carried out in a broadly accessible manner. In the cases it is not so (watching video films, listening to musical works, reading a translation in a circle of friends or the family), use under Article 18 of the Law is not present. The above-mentioned provisions of the Law on Copyright and Neighbouring Rights conflict neither with Article 9 of the TRIPS Agreement, nor with the provisions of the Berne Convention for the Protection of Literary and Artistic Works. The above stated in the text of the question Articles 11, 11bis, 12 contain a similar requirement for public accessibility. For example in Article 11, paragraph (1), subparagraph (i) - there are provisions for "public performance"; in Article 11, paragraph (1), subparagraph (ii) – for "communication to the public of the performance"; in Article 11ter, paragraph (1), subparagraph (i) – for "public recitation of works"; in Article 11ter, paragraph 1, subparagraph (ii) – for "any communication to the public of the recitation".

Article 18, paragraph 2, subparagraph 1 of the Law on Copyright and Neighbouring Rights stipulates that the reproduction of work, regardless of whether it is related to distribution, presentation, broadcasting, transmission or public exhibition and whether it is addressed to a limited or unlimited number of people, is considered as a use of this work. Article 18, paragraph 2, subparagraph 1 of the Law on Copyright and Neighbouring Rights in relation to Article 18, paragraph 1 of the Law entitles the author to the exclusive right to use the work created by him and to permit its use by other persons, including the reproduction of the work, regardless of whether it is addressed to a limited or unlimited number of people. The author has the right of protection provided in the Law on Copyright and Neighbouring Rights also in cases of reproduction of his work and public exhibition to a limited number of people. Article 76, paragraph 1, subparagraph 1 of the Law on Copyright and Neighbouring Rights provides protection of the exclusive right of performing artist to permit for compensation the broadcasting of a performance of his by wireless, cable or other technical means, as well as a sound or video recording of the performance, the reproduction of the recording on audio or video carriers and their distribution. Article 76, paragraph 1, subparagraph 2 of the Law stipulates the exclusive right of a performing artist to permit for compensation public performance, broadcasting by wireless, cable or other technical means of such recordings. Article 76, paragraph 3 of the Law on Copyright and Neighbouring Rights provides protection of rights of the producers of sound recordings over recording of performances and distribution of sound recordings. In cases of distribution, presentation, broadcasting, transmission or public exhibition to a limited number of people, the above-stated provisions of Article 76 of the Law on Copyright and Neighbouring Rights with respect to the protection of rights of performing artists and producers of sound recordings are applicable. The provisions of Article 91 of the Law on Copyright and Neighbouring Rights with respect to the protection of rights of radio and television organizations over their programmes are applicable in cases of broadcasting or retransmissions to a limited number of people.

The provisions of Article 23, subparagraphs 3-8 of the Law on Copyright and Neighbouring Rights shall be considered in relation to Article 15.4 of the Law, which stipulates the possibility for the author to require as a non-property right the identification of his/her name, pseudonym or other identifying mark in each case of use of the work. The above-mentioned is applied also to the cases enlisted in Article 23, subparagraphs 3-8 of the Law, in which free use is allowed. The provisions of the Law on Copyright and Neighbouring Rights (Article 23 in relation to Article 15) are in compliance with Articles 10 and 10 bis of the Berne Convention, as well as with Article 9 of the TRIPS Agreement.

The provisions of Article 29 of the Bulgarian Law on Copyright and Neighbouring Rights stipulate the duration of a copyright over films and other audiovisual works. The copyright over films and other audiovisual works is protected for fifty years after the work was made available to the public. In paragraph 2.1 of the Additional Provisions of the Law, there is a legal definition of the term "to make available to the public of the work" – it means bringing of the work with the consent of its author to the attention to an unlimited number of persons for the first time, irrespective of the form or manner in which this may be done. The disclosure of cinematographic works may only be done with the consent of their author. Article 29.2 provides for a specific case in relation to the duration of copyright protection over films, which were not made available to the public. In this case the initial moment of the period for protection is the creation of the work. The provisions of Article 29 and paragraph 2.1 of the Additional Provisions of the Law reproduce the text of Article 7, paragraph 2 of the Berne Convention, and thus they comply with the requirement of Article 9 of the TRIPS Agreement.

Article 76.1 of the Law on Copyright and Neighbouring Rights stipulates that the performers have the exclusive right to authorize against payment of remuneration: - the broadcasting of his/her performance by wireless, cable or other technical means, as well as a sound or video recording of the performance, the reproduction of the recording on audio or video carriers and their distribution; - the public performance, broadcasting by wireless, cable or other technical means of such recordings. Article 91 of the Law provides that the broadcasting organizations, as far as their programmes are concerned, have the right to permit their rebroadcasting, retransmission, recording, reproduction and distribution. The above-mentioned provisions of Article 76.1 and Article 91 of the Law on Copyright and Neighbouring Rights concerning the rights of performers and broadcasting organizations comply with the requirements of Article 14 of the TRIPS Agreement.

The rights of performers and producers of phonograms, whose recorded performances and sound recording respectively, have not been published, are protected under the provisions of the Law on Copyright and Neighbouring Rights. Only the initial moment of the fifty-year period of protection is specific. According to Article 82 of the Law, concerning performances (recorded but not published), an initial moment is considered to be the beginning of the year, following the year in which the first performance was held. According to Article 89 of the Law, concerning the phonograms, which have not been published, the initial moment is the beginning of the year, following the year in which the phonogram was made. The above-mentioned provisions are in conformity with Article 14.5 of the TRIPS Agreement.

Article 27.1 of the Law on Copyright and Neighbouring Rights stipulates that copyright shall be protected for the life of the author and fifty years after his death. The initial moment of the protection period (first of January of the year following the respective event) envisaged in the Law is in compliance with Article 7.5 of the Berne Convention and is motivated by the desire to expand to the highest degree the period of protection of the works, as well as by the aim to facilitate the calculation of the above-mentioned terms. During the period between the death of the author, publication etc. until the first of January of the following year, the protection of the work is subject to the general procedure and does not possess anything specific.

The term "general procedure" used in the reply to question 8 means that during the period between the death of the author and the beginning of the following year his copyright and neighbouring rights are protected in the same manner as during the period after the 1 January of the year following the author's death. In the indicated interim period, as in the period after the beginning of the time-limit, a permission for use of the author's work, respectively the subjects of neighbouring rights, is granted by the inheritors, and in cases of no inheritors – by the Ministry of Culture.

Paragraph 6 of the Transitional and Final Provisions of the Law on Copyright and Neighbouring Rights stipulates that the Law is also applied to works, performances, phonograms, video recordings, radio and television programmes made or performed prior to the entry into force of the Law, unless the respective protection terms have expired. Copyright acquired prior to the entry into force of the Law remain in force. A specific retroactive date for such protection is not provided for in the Law. However, the Republic of Bulgaria has ratified the International Convention for the Protection of the Performing Artists, the Producers of Phonograms and Broadcasting Organizations (Rome, 1961) with reservations with regard to the application of Article 12. The legal basis for this reservation is in Article 16.1(a), items 3 and 4 and it is in compliance with Article 14.6 of the TRIPS Agreement. According to it, the producers of phonograms are entitled to compensation, in cases of wireless broadcasting and public performance, only if they are citizens of a state, party to the Convention. The amount and the term of the compensation are the same as provided in their native state for the protection of phonograms accomplished for the first time in Bulgaria.

The Law on Copyright and Neighbouring Rights does not contain such provisions. Provisional measures are envisaged in the Code of Civil Procedure and may be ordered by the court in case of existence of the conditions and prerequisites provided in the Code of Civil Procedure. Such provisional measures are securing of proofs and claims. Securing of proofs is done through its preliminary collecting. This measure is applied in case there is a risk that a certain proof might be lost or its acquisition could be hampered. Referring the means of collecting proofs the general rules of civil procedure are applied (Article 169 of the Code of Civil Procedure). There is a specific possibility that the proofs can be collected in advance on a pending law suit or on a forthcoming law suit. In this case the application for ensuring of proofs shall be submitted to the regional court in charge in the permanent residence of the claimant or the location of the real estate concerned (Article 166 of the Code of Civil Procedure). The securing of claims aims at protection of infringed rights during the suit is pendant, as well as it is possible to be applied for a future claim. The procedure for securing of claims against infringements of IPRs may be initiated on a request of the interested party (the holder of IPRs), submitted to the district court before which the law suit is pending and in case of future claim – to the regional court in charge in the permanent residence of the claimant or in the location of the real estate which will serve as ensurance (Article 309 of the Code of Civil Procedure). In this case, the court defines a time-limit for submission of the claim and if it is not complied with, the ensuring shall be repealed. The required securing measure and the price of the claim shall be indicated in the request. The securing is admitted in case when without it for the claimant it will be impossible or very difficult to exert his rights after enacting the decision of the court. Serious guarantees are provided for a possible abuse of this opportunity. The claim shall be supported by written proofs or a guarantee defined by the court shall be paid (Article 310 item B of the Code of Civil Procedure). Aiming at effectiveness and rapidity with respect to the imposition of provisional measures, the court enacts its decision on the acceptance of the request in camera in the day of its submission. The securing of claims is accomplished through imposition of the provisional measures enlisted in Article 316 of the Code of Civil Procedure (distraint on real estate property; distraint on movable property and receipts of the defendant – the infringer of IPRs; as well as other appropriate measures, defined by the Court). Several types of provisional measures may be admitted, the total amount of which shall be equal to the amount of the claim.

Article 97 of the law on Copyright and Neighbouring Rights provides for eight types of administrative infringements against objects of copyright and neighbouring rights, as follows: (a) Reproduction and distribution for commercial purposes of video carriers with recordings of films or other audio visual works; (b) Reproduction and distribution for commercial purposes of audio carriers with recordings of works; (c) Organizing public showings of films or other audiovisual works; (d) Offering for commercial purposes of sound or video recording services with the aim to produce single copies of objects protected by the Law; (e) Organizing live or recorded public performances or presentations of a work; (f) Broadcasting, wireless or by cable, of works or radio or television programmes; (g) Publishing or distribution of already published works; (h) Distribution or possession of computer programs knowing or having grounds to suppose that this is illegal. Article 98.1 of the Law stipulates that the establishment of the administrative infringements is performed by inspectors at the Ministry of Culture. The administrative penalties (a fine amounting 2 000 000 BGL for the first infringement and a fine from 1 000 000 to 5 000 000 BGL for second and subsequent infringements, as well as deprivation on behalf of the State of the subject of the infringement) are imposed by a penal regulation, issued by the Minister of Culture or by other persons duly authorized by him.

Articles from 99 to 102 of the Bulgarian Law on Copyright and Neighbouring Rights (in force since 1 August 1993) provide for protection of works, phonograms and performances of citizens of other WTO Member States and comply with the requirements of Articles 3, 4 and 9.1 of the TRIPS Agreement. (1) With respect to copyright (Article 99) National treatment with respect to copyright is applied to the following: works whose authors are permanent residents of the Republic of Bulgaria regardless of where the works concerned have been published for the first time; works published for the first time in the territory of the Republic of Bulgaria or in a state, with which the Republic of Bulgaria has concluded an international copyright treaty, regardless of the nationality of the authors; works published for the first time in the territory of a state with which the Republic of Bulgaria has not signed an international copyright treaty, in case such works have been published simultaneously or within 30 days in the territory of the Republic of Bulgaria, or in the territory of a state, with which the Republic of Bulgaria has signed a treaty. The Republic of Bulgaria is a party to the Berne Convention as well as to the Universal Copyright Convention and accords national treatment to the countries that are parties to those conventions based on reciprocity. When the Law on Copyright and Neighbouring Rights is applied to works created by foreign citizens or published for the first time abroad, the copyright holder, according to Article 99.2, is defined under the relevant foreign law. (2) With respect to neighbouring rights (performing artists (Article 100)): A national treatment regime is applied to the rights of performing artists over performances when they are: permanent residents of the Republic of Bulgaria regardless of the place of their performance; foreign artists, whose performances are made in the territory of the Republic of Bulgaria; foreign artists, whose performances are made in the territory of a state, which is a party to the Rome Convention; foreign artists, whose performances are defined as a constituent part of a phonogram which, according to the Rome Convention, is under protection in the territory of Bulgaria; foreign artists, whose performances are not recorded, but are included in a programme under protection in Bulgaria, according to the Rome Convention. (producers of phonograms (Article 101)): A national treatment regime is applied to the following phonograms: made by natural persons or legal persons with a seat in the territory of Bulgaria, regardless of the place where such phonograms have been made; made or simultaneously published by foreign persons in the territory of Bulgaria; made by persons, citizens of or with a seat in a state with which the Republic of Bulgaria is a party to the Rome or Geneva Conventions, regardless of the place where the phonograms were made; published for the first time in a state, with which the Republic of Bulgaria has not signed an international treaty concerning producers’ rights, but have simultaneously or within 30 days been published in the territory of a state party to the Rome Convention. The International Convention for the Protection of the Performers, Producers of Phonograms and Broadcasting Organizations (Rome, 1961) was ratified by the Republic of Bulgaria with the following reservation with regard to the application of Article 12: the producers of phonograms are entitled to compensation, in case of wireless broadcasting and public performance, only if they are citizens of a state, party to the Convention. The amount and the term of the compensation are the same as provided for in their native state for the protection of phonograms made for the first time in Bulgaria. (radio and TV organizations (Article 101)): A national treatment regime is applied to the following programmes: broadcasted by legal persons with a seat in the territory of Bulgaria; broadcasted by legal persons with a seat in a state party to the Rome Convention, regardless of the place where the broadcasting was accomplished; broadcasted by a transmitter, located in the territory of a state party to the Rome Convention, regardless of the seat of the broadcasting organizations. Article 102 of the Law on Copyright and Neighbouring Rights stipulates that the rights of foreign performing artists, producers of phonograms and radio and television organizations, other than those referred to in Article 100.2 and Article 101, shall be protected under the international treaties covering rights neighbouring to copyright to which the Republic of Bulgaria is a party.