The District Courts in the Republic of Bulgaria (in Sofia city, the capital, it is the Sofia City Court) have the exclusive jurisdiction over cases of infringement of copyright and neighbouring rights (Article 96 of the Law on Copyright and Neighbouring Rights (LCNR) and cases of infringement of trademarks, service marks, industrial designs and appellations of origin (Article 51 of the Law on Trademarks and Industrial Designs). The Sofia City Court has the exclusive jurisdiction over cases of infringement of patents (Article 64, paragraph 1 of the Patent Law) and cases of infringement of registered plant varieties (Article 52 of the Law on Protection of New Plant Varieties and Animal Breeds).

The persons with standing to assert IPRs are the authors, the holders of copyright and neighbouring rights, trademarks, geographical indications, industrial designs, patent owners and owners of a certificate for a plant variety. These persons shall be represented by lawyers, legal advisers or other persons, envisaged in the law, legally authorized to appear in court. Management of copyright may be entrusted to "collective management organizations" - legally constituted entities authorized by the copyright holders. Once authorized, such entities may exercise the rights entrusted to their management and assert them in all types of administrative or legal proceedings (Article 40 of the Law on Copyright and Neighbouring Rights). The same requirements are applied with regard to neighbouring rights - Article 73 in relation with Article 40 of the Law on Copyright and Neighbouring Rights. Principally, the court may order the party to appear personally to clarify the facts relating to the case. The court orders it either on a request of the opposing party or by its own (ex officio) initiative -Article 114 of the Code of Civil Procedure. The non-appearance of a party, brought before the court in the appropriate order, shall not hamper the proceedings on investigating the case. The court postpones the suit investigation in case one of the parties or its representative does not appear before the court due to disease or another reasonable request.

The civil procedural rules, stipulated in the Code of Civil Procedure, related to producing evidence and the means of proving evidence are applied. Each party may request the opposing party or a third party, not a party in the procedure, to submit documents which are in its possession. A condition for the admission of a proof is its significance for the solution of the problem that the party states - Article 152 of the Code of Civil Procedure. The court decides which of the proposed evidence should be demonstrated and has the power to order the submission of such evidence.

Evidence demonstration shall be conducted in a way which respects state, business, and commercial secrets. The Code of Civil Procedure authorizes the court, ex officio or on a request of one of the parties, to order the hearing of the case to be held in camera, if, because of the specific circumstances of the case its public hearing could be harmful for the public interest or for the private life of the parties. In this case only the parties, their authorized representatives, experts and witnesses, as well as the persons who are admitted to participate by the judge of the court, are admitted in the Court Hall - Article 105, paragraph 2 of the Code of Civil Procedure.

The right holder of copyright and neighbouring rights, trademarks, service marks, industrial designs and appellations of origin, who has suffered any injury due to an infringement of IPRs shall be entitled to submit a claim for indemnification to the respective Regional Court. The owner of a patent and the owner of a certificate for a plant variety shall be entitled to submit a claim for indemnification to the Sofia City Court. When the court accepts such a claim, it enacts a decision on the indemnity. The criteria for the determination of its amount is the remuneration which the claiming party could have got if a contract for the use of the work had been signed. The amount of the damages and losses suffered has to be proven by the person who claims them. The indemnification is due for material or non-material damages (if there is casual-consecutive correlation with the infringement), as well as for the direct losses and the benefits missed. According to Article 95 of the Law on Copyright and Neighbouring Rights, the owner of infringed IPRs may submit a claim to the District Court in order to prevent anyone from the illegitimate use of the work - object of infringed IPR. The only prerequisite is the existence of usage of the work not permitted by the author or by explicit legal provision. The claimant is obliged to prove that he is the holder of the infringed IPR, as well as the fact of the infringement (which must exist at the moment of infringement). The court with its decision on the acceptance of the claim may enact: - restraint or prohibition of the not permitted use of the work (Article 95, paragraph 1 of the Law on Copyright and Neighbouring Rights); - seizure and destruction of illegitimately produced copies of the work, including negatives, master copies, printing forms and other used for the purposes of copying (Article 95, paragraph 2 of the Law on Copyright and Neighbouring Rights); - seizure and putting out of operation the copying and reproducing equipment used exclusively for committing infringements (Article 95, paragraph 3 of the Law on Copyright and Neighbouring Rights); - receiving the illegitimately produced copies of the work, including negatives, master copies, printing forms and other at cost price (Article 95, paragraph 4 of the Law on Copyright and Neighbouring Rights). The general protection as stipulated in Article 97, paragraph 1 of the Code of Civil Procedure provides that the holder of IPRs may submit a claim for establishment who the author is, respectively the performer, producer, inventor, breeder, etc. In case the claimant has not at his/her disposal any other claims, he/she may submit a groundless profiteering claim under Article 59 of the Law on Obligations and Contracts. A prerequisite for its submission is the profiteering of the defendant on the account of the author. The court with its decision on the claim acceptance grants everything with which the defendant has been profiteered to the claimant.

There are no special provisions in the IPRs protection legislation envisaging the direct obligation of the infringer to inform the right holder of the identity of persons participating in reproduction and distribution of the illegitimately produced copies. According to the general principles of the Code of Civil Procedure, each party is obliged to establish the circumstances on which it bases its claims and objections, as well as may require the other party or a third party, not a party in the procedure, to present a document that is at its disposal. Nobody has the right to refuse testimony, except in the cases explicitly provided in the Law. Before the court, witnesses are obliged to announce all data known by them on the identity of persons participating in the process of reproduction and distribution of illegitimately recorded copies of the work, object of infringement. The facts for which the party of an IPR suit has created obstacles for collecting evidence admitted by the court, has refused to answer or has given deviate or obscure answers, may be accepted by the court as proven on the base of the circumstances of the suit available.

In the case of a wrongfully decided civil claim for IPRs protection as a result of which the defendant has been sentenced either to pay indemnification or to restrain from committing of defined actions, he has at his disposal all means for defence specified in the civil proceedings: - The defendant can appeal the court decision before its entering into force at the Supreme Court (or the correspondent Appealing Court according to Article 72 in connection with Article 39 of the Law on Legal Authority). The court may repeal the decision and examine the appeal; repeal the decision and send back the case for a new hearing to the District (City) Court; terminate the case; or announce the non-validity of the decision. - The defendant can apply for judicial review proceedings before the Supreme Court against a court decision which has entered into force. The judicial review proceedings shall be initiated on a written petition by one of the parties through the First Instance Court, that has issued the decision being appealed, or by the General Prosecutor. - The defendant may apply for repeal of the decision which has entered into force. The procedure may be initiated either by the interested party - the wrongly sentenced defendant in an IPR suit (through a petition submitted to the First Instance Court), or by the General Prosecutor, or the Chairman of the Supreme Court.

The length and cost of the proceedings before the court vary in relation to the complexity and nature of the legal or administrative proceeding. For civil legal proceedings, state fees and costs are being collected. The state fees shall be determined on the base of the claim price in accordance with Tariff Nr. 1 to the Law on State Fees, collected by the courts, Prosecutor Office, investigation authorities and the Ministry of Justice and shall be paid by the claimant at the moment of bringing the claim before the court. Generally, the claim price, respectively in case of claims for IPRs, shall be determined by the claimant. If the evaluation is difficult at the moment of bringing the claim before the court, the claim price shall be approximately determined by the court and further the fee shall be paid up to the amount or recovered up to the amount determined by the court as the claim price in its final decision on the settlement of the suit. Parties are obliged to pay also the costs for witnesses, experts and inspections completed. The amount of the costs shall be determined by the court and shall be paid by the party that has requested the participation of the witnesses, experts and the inspections completed. With the enacted decision the court assigns the state fees, costs and remuneration of one lawyer, paid by the claimant, to the defendant proportionately to the accepted part of the claim - Article 64, paragraph 2 of the Code of Civil Procedure.

Reply corresponding to question 1 In general, the administrative penal procedures, including their implementation for protection of IPRs, consist of two phases - at the administrative penal body and at the court. The penal regulations on the imposition of administrative penalties are issued by the Minister of Culture, respectively a duly authorized substitute (Article 98, paragraph 2 of the Law on Copyright and Neighbouring Rights in connection with Article 47, paragraph 1, subparagraph A, in connection with Article 47, paragraph 2 of the Law on Administrative Infringements and Penalties). The penal regulations can be appealed at the Regional Court in charge in the place of commitment of the infringements. The Regional Court decision may be appealed through judicial review proceedings one year after its entering into force. Reply corresponding to question 2 Parties to the administrative procedures are the infringer and the claimant for indemnification, as well as the organization that has issued the penal regulation appealed (the Ministry of Culture). Reply corresponding to question 3 Evidence is collected ex officio or upon request of the interested parties - Article 114 of the Code of Penal Procedure. The party representing the Ministry of Culture, or the claimant for indemnification (holder of IPRs) may request the court to admit or collect certain evidence. Judicial authorities may order institutions, officials and citizens to present objects and documents in relation to the subject of the case - Article 133 of the Code of Penal Procedure. Reply corresponding to question 4 See above. Reply corresponding to question 5 The Regional Court may confirm, amend or repeal the penal regulations. Its legal rights are limited within the framework of the penal regulation and it cannot impose a new penalty different in amount and type. The penalties envisaged in the Law on Administrative Infringements and Penalties are fines ranging from 200 000 to 2 000 000 BGL (1 000 BGL = 1 DM). In case of second and subsequent infringements, the fines vary from 1 000 000 to 5 000 000 BGL and seizure of the subject of infringement in benefit of the State. In the event of systematic infringements, the place where these infringements have been committed may be closed for a 3 to 6 months period. Reply corresponding to question 6 See above. Reply corresponding to question 7 The infringer, in case of not guilty behaviour or non-commitment of the administrative infringement for which he has been accused, has the right to appeal the penal regulation, issued by the Minister of Culture before the Regional Court in charge in the place of commitment of the infringement. In case of confirmation of the penal regulation, it may be appealed through judicial review proceedings before the relevant District Court. Upon request of the interested person (in this case the wrongfully sentenced defendant), or ex officio, the district prosecutor submits a petition to the District Court for judicial review proceedings over the court decision, if he considers that there are grounds for it. The judicial review proceedings are held in camera. In case when the court repeals the penal regulation, it collects new evidence if necessary and enacts a decision on the suit. A new petition for appeal of the decision enacted after the judicial review proceedings cannot be submitted. In case of penal regulations entered into force, or court decisions confirming the penal regulations, the defendant wrongfully enjoined may apply for renewal of the administrative penal proceedings - Article 70 and following of the Law on Administrative Infringements and Penalties. Renewal of the administrative penal proceedings is applied in the following cases: - when, after entry into force of the sentence, it has been established that some of the evidence, on the base of which the penal regulation or decision has been issued, is false; - when, after entry into force of the sentence, it has been established that an administrative penal body or judge member has committed a crime in relation to the issue of the penal regulation or decision; - when circumstances of significance for the disclosure of the objective truth, that were not known at the moment of issue of the penal regulation or decision, have been found; - when, after entry into force of the sentence, it has been established that the action, for which administrative penalty has been imposed, should be qualified as a crime. The renewal of the administrative penal proceedings shall be based on a proposal of the district prosecutor and shall be examined by the District Court in an open-doors hearing. The proposal for renewal may be made ex officio by the district prosecutor, as well as upon request of the interested person - the wrongfully sentenced defendant. Reply corresponding to question 8 Costs for imposition of administrative penal measures in respect of IPRs are owed only in the phase of the proceedings before the court (in case of accomplishment of this phase). The costs are to be determined by the court. In case the penal regulation is confirmed, the court with its decision assigns the IPR infringer to pay the cost of the administrative proceedings, as well as the remuneration of the lawyer. In case the penal regulation is repealed, the cost of the proceedings shall remain on the account of the State.

The court, in order to provisionally settle relations of the parties to the dispute, or if there is a reasonable concern that the fulfillment of a court award could be adversely affected, may order preliminary measures to be taken for ensuring proofs and claims. In case there is a risk that a certain proof might be lost or its acquisition could be hampered, the court may order its preliminary submission. The application for ensuring proofs shall be submitted to the court before which the suit is hanging or if it has not been initiated yet - to the Regional Court in charge in the domicile of the claimant or the location of the real estate concerned - Article 166 of the Code of Penal Procedure. A copy of the application is obligatory handed to the opposing party. Provisional measures that may be imposed by the court in order to ensure the claim are as follows: - distraint on real estate property; - distraint on movable property and receipts of the defendant (the infringer of IPRs); - other appropriate measures defined by the Court - Article 316 of the Code of Penal Procedure. Provisional measures may be admitted up to the size of the claim.

It is within the competence of the court to consider and evaluate circumstances and order the adoption of preliminary measures. Provisional measures with respect to ensuring claims are imposed without inaudita altera parte. This is not applied for provisional measures with respect to ensuring proofs. The application for ensuring claims is considered by the court in camera without hearing the parties. No copy is handed to the opposing party (Article 314 of the Code of Civil Procedure).

The procedures for ensuring proofs and claims against infringements of IPRs may be initiated on a request of the interested party (the holder of IPRs). The required ensuring measure and the price of the claim shall be indicated in the request. The court defines a time-limit for the submission of the claim and, if it is not complied with, the ensuring shall be repealed. Ensuring is admitted in cases where, without it, it will be impossible or very difficult for the claimant to exercise his rights after enacting the decision of the court. The claim shall be supported by written proofs or a guarantee defined by the court shall be paid (Article 310 of the Code of Civil Procedure). The court enacts its decision on the acceptance of the request in camera on the day of its submission. The court decision on the imposition of ensuring may be appealed through private petition by the defendant in a seven days term from handing of the announcement. Repeal of the ensuring is enacted on a request of the interested party, a copy of which is sent to the person whose claim is ensured. After approving that the condition for admission of the ensuring is not available any more, or that a replacement of the ensuring measure with cash or security deposit is possible, the court enacts repeal of the ensuring measure. If the claim is repealed, or it has not been submitted in the time-limit defined by the court, or the suit has been ceased, the defendant may request the claimant to pay to him all injuries caused by the ensuring - Article 322, paragraph 1 of the Code of Penal Procedure. The guarantee given by the claimant may be released only with the consent of the defendant. For this purpose, a copy of the claimant's petition for release shall be sent to the defendant, who can object and in a one month term submit a claim for the injuries caused to him.

According to Tariff Nr. 1 of the Law on State Fees, collected by courts, Prosecutor Office, investigation authorities and the Ministry of Justice, a state fee in the amount of 8 000 BGL shall be paid on the request for ensuring proofs. On requests for ensuring a future claim, the claimant pays a state fee in the amount of 15 000 BGL. For accomplishment of the description of movable and immovable properties (in case of distraint), a state fee in the amount of 0.5 per cent of the sum for which ensuring is requested shall be paid. Information concerning the actual duration of proceedings related to infringements of intellectual property rights is not available at present.

Please, see replies to questions 1 - 8.

[Answer 1: The District Courts in the Republic of Bulgaria (in Sofia city, the capital, it is the Sofia City Court) have the exclusive jurisdiction over cases of infringement of copyright and neighbouring rights (Article 96 of the Law on Copyright and Neighbouring Rights (LCNR) and cases of infringement of trademarks, service marks, industrial designs and appellations of origin (Article 51 of the Law on Trademarks and Industrial Designs). The Sofia City Court has the exclusive jurisdiction over cases of infringement of patents (Article 64, paragraph 1 of the Patent Law) and cases of infringement of registered plant varieties (Article 52 of the Law on Protection of New Plant Varieties and Animal Breeds).]

[Answer 2: The persons with standing to assert IPRs are the authors, the holders of copyright and neighbouring rights, trademarks, geographical indications, industrial designs, patent owners and owners of a certificate for a plant variety. These persons shall be represented by lawyers, legal advisers or other persons, envisaged in the law, legally authorized to appear in court. Management of copyright may be entrusted to "collective management organizations" - legally constituted entities authorized by the copyright holders. Once authorized, such entities may exercise the rights entrusted to their management and assert them in all types of administrative or legal proceedings (Article 40 of the Law on Copyright and Neighbouring Rights). The same requirements are applied with regard to neighbouring rights - Article 73 in relation with Article 40 of the Law on Copyright and Neighbouring Rights. Principally, the court may order the party to appear personally to clarify the facts relating to the case. The court orders it either on a request of the opposing party or by its own (ex officio) initiative -Article 114 of the Code of Civil Procedure. The non-appearance of a party, brought before the court in the appropriate order, shall not hamper the proceedings on investigating the case. The court postpones the suit investigation in case one of the parties or its representative does not appear before the court due to disease or another reasonable request.]

[Answer 3: The civil procedural rules, stipulated in the Code of Civil Procedure, related to producing evidence and the means of proving evidence are applied. Each party may request the opposing party or a third party, not a party in the procedure, to submit documents which are in its possession. A condition for the admission of a proof is its significance for the solution of the problem that the party states - Article 152 of the Code of Civil Procedure. The court decides which of the proposed evidence should be demonstrated and has the power to order the submission of such evidence.]

[Answer 4: Evidence demonstration shall be conducted in a way which respects state, business, and commercial secrets. The Code of Civil Procedure authorizes the court, ex officio or on a request of one of the parties, to order the hearing of the case to be held in camera, if, because of the specific circumstances of the case its public hearing could be harmful for the public interest or for the private life of the parties. In this case only the parties, their authorized representatives, experts and witnesses, as well as the persons who are admitted to participate by the judge of the court, are admitted in the Court Hall - Article 105, paragraph 2 of the Code of Civil Procedure.]

[Answer 5: The right holder of copyright and neighbouring rights, trademarks, service marks, industrial designs and appellations of origin, who has suffered any injury due to an infringement of IPRs shall be entitled to submit a claim for indemnification to the respective Regional Court. The owner of a patent and the owner of a certificate for a plant variety shall be entitled to submit a claim for indemnification to the Sofia City Court. When the court accepts such a claim, it enacts a decision on the indemnity. The criteria for the determination of its amount is the remuneration which the claiming party could have got if a contract for the use of the work had been signed. The amount of the damages and losses suffered has to be proven by the person who claims them. The indemnification is due for material or non-material damages (if there is casual-consecutive correlation with the infringement), as well as for the direct losses and the benefits missed. According to Article 95 of the Law on Copyright and Neighbouring Rights, the owner of infringed IPRs may submit a claim to the District Court in order to prevent anyone from the illegitimate use of the work - object of infringed IPR. The only prerequisite is the existence of usage of the work not permitted by the author or by explicit legal provision. The claimant is obliged to prove that he is the holder of the infringed IPR, as well as the fact of the infringement (which must exist at the moment of infringement). The court with its decision on the acceptance of the claim may enact: - restraint or prohibition of the not permitted use of the work (Article 95, paragraph 1 of the Law on Copyright and Neighbouring Rights); - seizure and destruction of illegitimately produced copies of the work, including negatives, master copies, printing forms and other used for the purposes of copying (Article 95, paragraph 2 of the Law on Copyright and Neighbouring Rights); - seizure and putting out of operation the copying and reproducing equipment used exclusively for committing infringements (Article 95, paragraph 3 of the Law on Copyright and Neighbouring Rights); - receiving the illegitimately produced copies of the work, including negatives, master copies, printing forms and other at cost price (Article 95, paragraph 4 of the Law on Copyright and Neighbouring Rights). The general protection as stipulated in Article 97, paragraph 1 of the Code of Civil Procedure provides that the holder of IPRs may submit a claim for establishment who the author is, respectively the performer, producer, inventor, breeder, etc. In case the claimant has not at his/her disposal any other claims, he/she may submit a groundless profiteering claim under Article 59 of the Law on Obligations and Contracts. A prerequisite for its submission is the profiteering of the defendant on the account of the author. The court with its decision on the claim acceptance grants everything with which the defendant has been profiteered to the claimant.]

[Answer 6: There are no special provisions in the IPRs protection legislation envisaging the direct obligation of the infringer to inform the right holder of the identity of persons participating in reproduction and distribution of the illegitimately produced copies. According to the general principles of the Code of Civil Procedure, each party is obliged to establish the circumstances on which it bases its claims and objections, as well as may require the other party or a third party, not a party in the procedure, to present a document that is at its disposal. Nobody has the right to refuse testimony, except in the cases explicitly provided in the Law. Before the court, witnesses are obliged to announce all data known by them on the identity of persons participating in the process of reproduction and distribution of illegitimately recorded copies of the work, object of infringement. The facts for which the party of an IPR suit has created obstacles for collecting evidence admitted by the court, has refused to answer or has given deviate or obscure answers, may be accepted by the court as proven on the base of the circumstances of the suit available.]

[Answer 7: In the case of a wrongfully decided civil claim for IPRs protection as a result of which the defendant has been sentenced either to pay indemnification or to restrain from committing of defined actions, he has at his disposal all means for defence specified in the civil proceedings: - The defendant can appeal the court decision before its entering into force at the Supreme Court (or the correspondent Appealing Court according to Article 72 in connection with Article 39 of the Law on Legal Authority). The court may repeal the decision and examine the appeal; repeal the decision and send back the case for a new hearing to the District (City) Court; terminate the case; or announce the non-validity of the decision. - The defendant can apply for judicial review proceedings before the Supreme Court against a court decision which has entered into force. The judicial review proceedings shall be initiated on a written petition by one of the parties through the First Instance Court, that has issued the decision being appealed, or by the General Prosecutor. - The defendant may apply for repeal of the decision which has entered into force. The procedure may be initiated either by the interested party - the wrongly sentenced defendant in an IPR suit (through a petition submitted to the First Instance Court), or by the General Prosecutor, or the Chairman of the Supreme Court.]

[Answer 8: The length and cost of the proceedings before the court vary in relation to the complexity and nature of the legal or administrative proceeding. For civil legal proceedings, state fees and costs are being collected. The state fees shall be determined on the base of the claim price in accordance with Tariff Nr. 1 to the Law on State Fees, collected by the courts, Prosecutor Office, investigation authorities and the Ministry of Justice and shall be paid by the claimant at the moment of bringing the claim before the court. Generally, the claim price, respectively in case of claims for IPRs, shall be determined by the claimant. If the evaluation is difficult at the moment of bringing the claim before the court, the claim price shall be approximately determined by the court and further the fee shall be paid up to the amount or recovered up to the amount determined by the court as the claim price in its final decision on the settlement of the suit. Parties are obliged to pay also the costs for witnesses, experts and inspections completed. The amount of the costs shall be determined by the court and shall be paid by the party that has requested the participation of the witnesses, experts and the inspections completed. With the enacted decision the court assigns the state fees, costs and remuneration of one lawyer, paid by the claimant, to the defendant proportionately to the accepted part of the claim - Article 64, paragraph 2 of the Code of Civil Procedure.]

At present, the Republic of Bulgaria has no special regulation regarding border measures. The protection of IPRs at the border is governed by general customs regulations. A Regulation relating to the suspension of the release for free circulation, export or re-export of counterfeit and pirated goods is currently being drafted to cover the relevant provisions of the TRIPS Agreement.

At present, the Republic of Bulgaria has no special regulation regarding border measures. The protection of IPRs at the border is governed by general customs regulations. A Regulation relating to the suspension of the release for free circulation, export or re-export of counterfeit and pirated goods is currently being drafted to cover the relevant provisions of the TRIPS Agreement.

At present, the Republic of Bulgaria has no special regulation regarding border measures. The protection of IPRs at the border is governed by general customs regulations. A Regulation relating to the suspension of the release for free circulation, export or re-export of counterfeit and pirated goods is currently being drafted to cover the relevant provisions of the TRIPS Agreement.

At present, the Republic of Bulgaria has no special regulation regarding border measures. The protection of IPRs at the border is governed by general customs regulations. A Regulation relating to the suspension of the release for free circulation, export or re-export of counterfeit and pirated goods is currently being drafted to cover the relevant provisions of the TRIPS Agreement.

At present, the Republic of Bulgaria has no special regulation regarding border measures. The protection of IPRs at the border is governed by general customs regulations. A Regulation relating to the suspension of the release for free circulation, export or re-export of counterfeit and pirated goods is currently being drafted to cover the relevant provisions of the TRIPS Agreement.

According to Article 28, paragraph 1, in connection with Article 33 of the Code of Penal Procedure, all criminal acts of infringement of IPRs are under the jurisdiction of the Regional Court in charge in the place of commitment of the crime.

Criminal procedures and penalties are available in Chapter VII "Crimes against the Intellectual Property" of the Penal Code in respect of the following infringements of intellectual property rights: - copyright and neighbouring rights: recording, reproduction, distribution, broadcasting or transmission through a technical device or use in another way of audio- and video carriers; radio, TV or computer programs and software without the consent of the author or the right holder (Article 172 A of the Penal Code, supplemented on 1 June 1995, published in State Gazette N 50/1995), publishing or use of foreign works of science, literature or art, as well as a significant part of such work by using one's own name or a pseudonym (Article 173 of the Penal Code); - patents, trademarks and industrial designs: reproduction, imitation, modification, registration, use, possession and introduction into trade of works of foreign innovations; rationalizations or industrial designs (Articles 173 and 174 of the Penal Code).

Competent to initiate ex officio preliminary proceedings (an obligatory stage of the criminal proceedings according to Article 172 of the Code of Penal Procedure) are the Prosecutor and the preliminary investigation authorities - investigating magistrates and assistant-investigating magistrates at the National Investigating Office. The investigating magistrates shall inform immediately the Prosecutor for the actions taken by them. Legal grounds and sufficient data for the initiation of preliminary proceedings shall be available. Citizens may draw the attention of the preliminary proceedings authorities to infringements of law and thus giving them legal grounds for initiation of preliminary proceedings. In case of existence of legal grounds, but no sufficient data available and no urgent investigation actions required, the preliminary proceedings authorities, respectively the Ministry of Internal Affairs, may accomplish preliminary inspection, for which the prosecutor is to be informed - Article 191 of the Code of Penal Procedure.

Private persons have no right to initiate directly preliminary proceedings. They only can bring to the attention of the above-mentioned preliminary proceedings authorities information on law infringements. The initiation is under the jurisdiction of the relevant preliminary proceedings authorities, as described in the reply above. Citizens are publicly obliged to report immediately to the preliminary proceedings authorities or another state body any information and complaints they have concerning committed crimes - Article 174, paragraph 1 of the Code of Penal Procedure. These reports may be used as a legal ground for the initiation of preliminary proceedings or preliminary inspection. In the phase before the court of the criminal proceedings the holder of IPRs, injured by the crime, or his/her heirs, may be constituted as a private accuser or civil claimant, or both. The private accuser joins the suit on his/her request and assists the criminal proceedings accomplished by the state authorities, acting together with the prosecutor without being his substitute. The civil claimant may submit to the criminal court a civil claim for indemnification of the injuries against the defendant, as well as against the persons carrying civil responsibility for the injuries - Article 60 of the Code of Penal Procedure. The private accuser's request and the civil claim for injuries may be submitted to the court in oral or in written form not later than the beginning of the court proceedings.

Referring to the categories of IPRs and types of infringement, the above mentioned in the reply to question 21 is valid. According to Article 172 A of the Penal Code, the following penalties and remedies may be imposed: - imprisonment up to 3 years and fine from 1 000 000 to 3 000 000 BGL (Article 172, paragraphs 1 and 2); - imprisonment from 1 to 5 years and fine from 3 000 000 to 5 000 000 BGL (Article 172, paragraph 3); - in both cases the subject of infringement shall be seized in benefit of the State.

[Answer 21: Criminal procedures and penalties are available in Chapter VII "Crimes against the Intellectual Property" of the Penal Code in respect of the following infringements of intellectual property rights: - copyright and neighbouring rights: recording, reproduction, distribution, broadcasting or transmission through a technical device or use in another way of audio- and video carriers; radio, TV or computer programs and software without the consent of the author or the right holder (Article 172 A of the Penal Code, supplemented on 1 June 1995, published in State Gazette N 50/1995), publishing or use of foreign works of science, literature or art, as well as a significant part of such work by using one's own name or a pseudonym (Article 173 of the Penal Code); - patents, trademarks and industrial designs: reproduction, imitation, modification, registration, use, possession and introduction into trade of works of foreign innovations; rationalizations or industrial designs (Articles 173 and 174 of the Penal Code).]

The costs for suits against general crimes, as the infringements of IPRs are qualified, shall be paid from the budget of the institution concerned - Article 167 of the Code of Penal Procedure (the court, the Prosecutor Office, the Investigation Office). The amount is determined by the court or by the preliminary proceedings authority - Article 168 of the Code of Penal Procedure. In case the defendant has been found guilty, the court assigns him to pay the costs of the proceedings, including the remuneration of the lawyer, as well as the expenses of the private accuser and civil claimant - Article 169 of the Code of Penal Procedure. Information concerning the length of proceedings related to infringements of intellectual property rights and their costs is not available at present.