Bulgaria News Archives
January 27, 2012
Bulgarian Customs Seize Fake Belts, Perfumes
At the end of December, the Bulgarian customs officials at the Kapitan Andreevo checkpoint on the Bulgarian-Turkish border seized leather belts and perfumes bearing the logos of well-known brands, believed to be counterfeit.
The officials seized 80 leather belts bearing the Lacoste, Boss and Burberry marks after an inspection of a car traveling from Turkey to Romania. Later on during the same day the officials seized 136 eaux de toilette and perfumes, which they discovered in another vehicle entering Bulgaria from Turkey.
Legal proceedings have been initiated against the infringers.
For more information, please contact Preslav Penev at our Bulgaria office.
Source: Bulgarian Customs
Unlicensed Software Seized in Bulgaria
On December 13, 2011, the Bulgarian authorities, in cooperation with the Business Software Alliance (BSA) representatives, seized 26 computer systems with unlicensed software, during the inspection of a company based in the capital of Sofia.
The computer systems had unlicensed copies of computer programs the copyrights of which belong to the Microsoft Corporation. The company was not able to present documents showing the copies had been legally used.
Pre-trial criminal proceedings have been initiated under the Article 172a of the Penal Code of the Republic of Bulgaria and the computer systems will be considered as evidence.
The company will also undergo a tax audit that will determine the amount of financial damage caused.
For more information, please contact Preslav Penev at our Bulgaria office.
Source: BSA
December 27, 2011
Bulgarian Customs Seize Fake Perfumes
The Bulgarian customs officials at the Kapitan Andreevo border crossing point, southern Bulgaria, have recently seized 665 eaux de toilette and perfumes believed to be counterfeit.
While checking the personal belongings of the passengers travelling by bus from Turkey to Romania, the inspectors discovered and seized 198 eaux de toilette and perfumes bearing the marks of Armani, Paco Rabanne and Versace, among others.
Upon a luggage check of passengers from another bus traveling on the same route, the officials seized 467 fake eaux de toilette and perfumes bearing the marks of Prada, D&G and Paco Rabanne.
The right holders have been informed of the seizure in accordance with EC Regulation 1383/ 2003 and the Bulgarian law on marks and geographical indications.
For more information, please contact Elena Marinova at our Bulgaria office.
Source: Bulgarian Customs
November 29, 2011
Bulgarian Customs Seize Counterfeit Perfumes, Watches, Bags
The Bulgarian customs officials at the Kapitan Andreevo border crossing point, southern Bulgaria, have recently seized 558 perfumes and eaux de toilette bearing the marks of Paco Rabanne, D&G, Armani, Chanel and Lancome.
The officials discovered the goods after checking the luggage of two passengers arriving from Turkey. The right holders have been notified of the seizure.
The customs officials at the Sofia airport have recently seized 23 wristwatches bearing the marks Chanel, Omega and Zenit (not Zenith), 15 leather bags and five leather wallets with Louis Vuitton, Ferragamo and Fendi logos and two lighters bearing the mark Dupond (not Dupont). The items were found after scanning the luggage of a Bulgarian citizen arriving on a flight from Istanbul, Turkey.
For more information, please contact Preslav Penev at our Bulgaria office.
Source: Bulgarian Customs
October 28, 2011
Change in Individual Fees Under Madrid Protocol for Bulgaria
The new individual fees charged under the Madrid Protocol for international applications designating Bulgaria will enter into force on November 6, 2011.
When Bulgaria is designated in an international application or in a designation subsequent to an international designation, CHF 366 (EUR 297; USD 406) will be charged for three classes of goods or services and CHF 33 (EUR 27; USD 37) for each additional class. For a collective or certification mark, CHF 643 (EUR 521; USD 713) will be charged for three classes of goods or services and CHF 67 (EUR 54; USD 74) for each additional class.
For renewals, CHF 166 (EUR 135; USD 185) will be charged for three classes of goods or services and CHF 33 (EUR 27; USD 37) for each additional class. For a collective or certification mark renewal, CHF 333 (EUR 270; USD 369) will be charged for three classes of goods or services and CHF 67 (EUR 54; USD 74) for each additional class.
For more information, please contact Jelena Jankovic at our Balkan Regional Office.
Source: WIPO
Unlicensed Software Seized in Bulgaria
On October 3, 2011, the Bulgarian police officials, in cooperation with the Business Software Alliance (BSA) representatives, seized a computer and two computer systems with unlicensed software during their inspection of R–DM Sole-Proprietor, a company based in the capital of Sofia that sells computer systems with pre-installed business software.
Pre-trial criminal proceedings have been initiated under the Article 172a of the Penal Code of the Republic of Bulgaria and the computer configurations will be considered as evidence.
The BSA, a trade group representing some of the world’s leading software makers, through its cooperation with the public sector aims to reduce unfair trade practice in the information technology sector by preventing the distribution and use of unlicensed computer programs infringing the rights of its member companies.
For more information, please contact Preslav Penev at our Bulgaria office.
Source: BSA
September 23, 2011
Bulgarian Customs Seize Hermes, Armani, D&G, Moschino Counterfeits
On September 3-4, 2011, the Bulgarian customs officials at the Kapitan Andreevo checkpoint on the Bulgarian-Turkish border seized a considerable quantity of jeans and athletic apparel believed to be counterfeit, bearing the logos of well-known brands, worth approximately EUR 133,000 (USD 182,000).
The goods were discovered during routine checks of two vehicles, one traveling from Turkey to Ukraine and one from Turkey to Germany.
The customs officials seized 2080 pairs of jeans bearing the labels of Hermes, Armani, D&G, Moschino and Rifle, and 3185 sweatshirts, sweatpants and long-sleeve shirts bearing the mark of Adidas, among others.
According to the customs officials, legal proceedings have been initiated against the infringers.
For more information, please contact Preslav Penev at our Bulgaria office.
Source: Bulgarian Customs
Unlicensed Software Seized in Bulgaria
On August 4, 2011, the Bulgarian police officials, in cooperation with the Business Software Alliance (BSA) representatives, seized a computer and eight CDs with unlicensed software, during their inspection of M.C. EOOD, a company which operates in the capital of Sofia and sells computers with preinstalled business software.
The BSA, a trade group representing some of the world’s leading software makers, aims to reduce unfair trade practice in the information technology sector by preventing the distribution and use of unlicensed computer programs infringing the rights of its member companies.
For more information, please contact Preslav Penev at our Bulgaria office.
Source: Business Software Alliance (BSA)
August 30, 2011
Bulgarian Customs Destroy Counterfeit L&M Cigarettes
On July 21, 2011, the Bulgarian customs authorities and Phillip Morris Bulgaria representatives organized the destruction of over 7 million counterfeit cigarettes bearing the mark L&M.
The destroyed cigarettes were part of over 14.5 million cigarettes seized by the Bulgarian customs officials in September 2010 and February 2011 at border checkpoints Kulata and Ilinden, southwestern Bulgaria. The remaining cigarettes are to be destroyed soon.
Bulgaria’s Customs Agency and Philip Morris Bulgaria have recently signed a cooperation agreement aimed at fighting the illicit trade of tobacco products. L&M brand cigarettes make 3 percent of all seized cigarettes in Bulgaria in 2010 and 9 percent of all seized cigarettes during the first five months of 2011.
For more information, please contact Preslav Penev at our Bulgaria office.
Source: Bulgarian Customs
Bulgarian Customs Seize Lacoste, Wrangler, Adidas Counterfeits
During their recent inspection at the Lesovo border crossing point in southeastern Bulgaria, the customs officials seized over 6,000 counterfeit clothing items bearing the labels of world-famous brands.
The officials seized 5,360 sweaters with the mark of Lacoste, 540 hooded sweatshirts and athletic shirts bearing the mark Adidas and 120 trousers bearing the mark Wrangler.
The items were found in a truck with a Turkish license plate traveling from Turkey to Ukraine.
For more information, please contact Preslav Penev at our Bulgaria office.
Source: The Customs – the Bulgarian Customs Agency’s electronic newspaper
July 25, 2011
Regulation on Opposition Procedure Enters into Force in Bulgaria
Further to the amendments to the Bulgarian Law on Marks and Geographical Indications, which introduced the opposition system, the regulation outlining the procedure for drafting, submitting and examining the opposition notices was published in the Official Gazette No. 43 and entered into force on June 11, 2011.
Below we describe the procedure.
The regulation stipulates that opposition proceedings are initiated after the opposition notice is filed with the Bulgarian Patent Office (BPO) and the opposition fee paid. The Opposition Division committee examines the opposition and verifies whether the notice is admissible and whether it complies with the formal requirements set out in the regulation.
If the notice is found inadmissible due to absolute deficiencies, i.e. deficiencies that cannot be remedied after the expiration of the opposition period, the committee notifies the opponent that opposition proceedings cannot be initiated. If the committee determines that the opposition is inadmissible due to relative deficiencies, i.e. deficiencies that can be remedied after the expiration of the opposition period, the committee invites the opponent to remedy the deficiency within a non-extendible period of two months.
If the notice of opposition is found admissible, the committee notifies the trademark applicant and the opponent about the start of the opposition proceedings. The proceedings begin with a three-month cooling-off period during which the parties can reach an agreement. Upon the parties’ request, the cooling-off period can be extended twice for three months and can last a total of nine months.
Once the cooling-off period has expired, the adversarial part of the proceedings begins. At this stage, the trademark applicant is invited to submit a reply to the opposition within two months. If no response is filed, the committee renders a decision based on the evidence in support of the opposition. If a reply has been filed, the latter is sent to the opponent who is given one month to submit an observation. Finally, the applicant is given an opportunity to comment on the observation of the opponent, provided that it contains new arguments or evidence.
In the reply to the opposition notice, the applicant may dispute the use of the opponent’s trademark by filing a request for proof of use. In such a case, the opponent is given two months to furnish proof that the earlier trademark has been put to genuine use or that there are genuine reasons for non-use. If no evidence is filed or if the evidence is found insufficient, the opposition is rejected.
Within six months after the completion of the exchange of correspondence between the parties, the committee renders a decision on the opposition.
For more information, please contact Ana Dremsizova at our Bulgaria office.
Source: Bulgarian Patent Office (BPO)
Bulgarian Meat Producer Fined for Unfair Competition
On June 23, 2011, Bulgaria’s Commission for Unfair Competition ordered one of the largest Bulgarian meat-processing companies Mekom JSC to pay a fine of approximately EUR 168,000 (USD 236,000) for producing and selling a flat sausage KARLOSKA Krepost, similar to KARLOVSKA Lukanka, a protected designation of origin for the traditional Bulgarian flat sausage (lukanka) from the town of Karlovo in central Bulgaria.
The Commission established that the similarity between the appearance of the two products, their brand names and the font used on the packaging is potentially misleading to consumers. According to the Commission, it is possible for the consumer to perceive the words KARLOVSKA and KARLOSKA, both written in capital letters, as identical since the absence of a single letter can be understood as a mistake or simply go unnoticed. Furthermore, the word “krepost” (fortress), which is intended to distinguish Mekom JSC’s product, is written in small, indiscernible letters against a dark background that hides the word.
Mekom JSC, based in Silistra, northeastern Bulgaria, argued that their product was named after a historical personality and an event, namely the 15th-century knight Karlos who conquered an old fortress in Silistra, and that KARLOSKA Krepost does not indicate the geographical origin of the product.
This is the second time the Commission has issued a decision in this case. The Supreme Administrative Court of Bulgaria revoked the first decision in February 2011 after Mekom JSC filed an appeal for alleged breaches of administrative proceedings.
For more information, please contact Preslav Penev at our Bulgaria office.
Source: Bulgaria’s Commission for Unfair Competition
Bulgarian Police Seize EUR 10 Million Worth of Luxury Counterfeits
On July 1, 2011, the Bulgarian police officials seized EUR 10 million (USD 14 million) worth of counterfeit luxury items after raiding dozens of stores and warehouses, owned by several companies, in the Black Sea resort towns of Bourgas, Varna, Primorsko, Obzor, Sunny Beach and Golden Sands.
The police seized a total of 40,000 pieces of apparel, leather goods, fragrances and sunglasses bearing the marks of Chanel, Christian Dior, Gucci, Louis Vuitton, Cartier, Versace, Bulgari, Giorgio Armani, Hugo Boss, Diesel and Prada. Most items were made in Turkey and China.
Pre-trial proceedings have been initiated against the company owners.
For more information, please contact Preslav Penev at our Bulgaria office.
Source: Cpp-luxury.com, portal for luxury industry companies and consumers
June 21, 2011
Bulgarian Customs Seize Fake Barcelona and Chelsea Shorts
On May 30, 2011, the Bulgarian customs officials at the Kapitan Andreevo border crossing with Turkey detained 876 pairs of shorts bearing the marks of football clubs Chelsea and Barcelona.
The shorts, believed to be counterfeit, were seized after an inspection of a truck traveling from Turkey to Bulgaria.
For more information, please contact Jelena Jankovic at our Balkan Regional Office.
Source: Bulgarian Customs
April 27, 2011
Amendments to Bulgarian Law on Marks and Geographical Indications in Force as of March 10, 2011
The Bulgarian Law on Marks and Geographical Indications (LMGI) amendments, in force as of March 10, have introduced the opposition system and brought about major changes to the trademark registration process carried out by the Bulgarian Patent Office (BPO).
The amendments regulate the examination procedure and define timeframes. The examinations are now performed faster by the BPO, within two months from the date of the payment of the application fee. The registration period is shortened, as the BPO does not conduct substantive examinations anymore. If a mark is not opposed within the opposition period, the registration is granted. The EU trademark conversion system is improved through a comprehensive ex officio examination and a clear definition of the procedures taking place at the BPO.
According to the amendments, the substantive examination is to be done ex officio on absolute grounds with respect to trademark applications filed after March 10. International trademarks designating Bulgaria are to be published in the Official Gazette issued by the BPO, along with the national trademark applications. According to the new procedure, as outlined in the amendments, an observation can be filed on absolute grounds within three months from the date of the applications publication. All natural and legal persons as well as consumers, service providers, producers, etc, are entitled to file an observation.
In this respect and within the same period of three months from the publication date, the following persons are entitled to file an opposition notice with the BPO:
Earlier rights holders within the scope of Article 12 of the LMGI;
Exclusive licensees;
The owner of an unregistered trademark used in the course of trade on the territory of Bulgaria and for which a trademark application is filed;
Trademark owner whose trademark is filed by an agent or a representative without his consent.
The new opposition proceedings are inter partes proceedings. A copy of the opposition notice is provided to the trademark applicant along with a three-month cooling-off period giving the parties the possibility of reaching an agreement. The cooling-off period can be extended twice upon the parties’ request. If an agreement is concluded, the opposition proceedings are terminated.
However, if the parties fail to reach an agreement, the trademark applicant has two months to provide a written response to the opposition notice. The applicant’s response is subsequently sent to the opposing party who then has to submit a reply within one month from the receipt of the applicant’s response. If the applicant fails to respond within two months, the Opposition Division is to issue a decision on the basis of the opposition notice.
Another defense tool is given to the trademark applicant for the first time in opposition proceedings before the BPO. An applicant has the possibility to request proof of use of the earlier trademark provided the five-year non-use grace period has expired. The earlier trademark holder has to submit evidence within two months.
The decision of the Opposition Division can be appealed before the BPO’s Disputes Department against whose decision an appeal can be filed before the Sofia Administrative Court.
The new opposition system will lead to the re-distribution of trademark protection responsibilities between the public sector and the private one. As a result it is expected that the registration process will be considerably accelerated.
Consequently, interested companies will be left to judge for themselves whether a certain mark can be a threat to their market position. This practically eliminates the subjective judgment of the BPO experts, who do not always have a picture of the current market situation. The trademark owners can therefore estimate on their own how much of an impact the identical or similar marks will have on their businesses.
The new system is fully compliant with the examination procedure performed by OHIM.
For more information, please contact Iana Roueva at our Bulgaria office.
Source: Bulgarian PTO
Bulgarian Police Seize EUR 600,000 Worth of Counterfeit Apparel
On March 18, 2011, the Bulgarian authorities discovered and seized 6446 counterfeit textile items bearing the marks of globally famous brands valued at approximately EUR 600,000 (USD 860,000).
The fake goods were seized in the raid of various factories and retail outlets in the villages of Kozlets and Teketo near the town of Haskovo, southern Bulgaria, following complaints about the illegal production and sale of branded products lodged by two legal representatives on behalf of the rights holders.
The brands are not identified, but the seized goods include shirts, tracksuits, sweatshirts, T-shirts, bags, belts, scarves, a large number of labels, as well as nine garment manufacturing machines and three screen-printing machines.
According to the authorities, pre-trial proceedings have been initiated against the infringers.
For more information, please contact Adelina Slavkova at our Bulgaria office.
Source: Darik News, Bulgarian news portal
March 24, 2011
Bulgarian Customs Seize Chanel, Gucci, Hugo Boss Counterfeits
During regular controls at the Kapitan Andreevo checkpoint on the Bulgarian-Turkish border in the period March 3-6, 2011, the Bulgarian customs officials seized a considerable quantity of cosmetic and textile products believed to be counterfeit, bearing the logos of well-known brands including D&G, Burberry, Joop, Chanel, Gucci and Hugo Boss.
On March 3, the officials performed a routine check of a heavy-freight truck with Bulgarian license plates, traveling from Turkey to Bulgaria, and seized 477 textile products suspected of being counterfeit.
On March 4, after a thorough inspection of the luggage compartment of a Turkish passenger bus, the officials found 262 fake perfumes hidden among the personal belongings of a Turkish citizen.
On March 6, the customs officials at the same border seized 3,456 counterfeit deodorants.
For more information, please contact Adelina Slavkova at our Bulgaria office.
Source: Bulgarian Customs
February 23, 2011
Bulgarian Authorities Seize 8,000 Fake Auto Parts
The Bulgarian authorities have recently discovered and seized 8,000 counterfeit auto brake pads bearing the mark of Beral, valued at approximately EUR 200,000 (USD 274,000).
The fake car parts were seized in the raid of seven shops and warehouses in the Bulgarian cities of Sofia, Ruse, Vidin, Silistra, Plovdiv and Veliko Tarnovo.
The infringer is an unidentified Sofia-based firm that imported most of the fake parts from Turkey.
For more information, please contact Jelena Jankovic at our Balkan Regional Office.
Source: News Agency Focus
January 20, 2011
Bulgarian Police Seize USD 1,000,000 Worth of Counterfeit Luxury Items
Bulgarian Interior Ministry announced on December 8, 2010 that the Bulgarian authorities recently seized about 5,500 counterfeit luxury items worth approximately EUR 770,000 (USD 1,000,000).
The police seized counterfeit jeans, shirts, bags and shoes carrying labels of 25 well-known brands, including Hugo Boss, Versace, Roberto Cavalli, Gucci, Louis Vuitton, Lacoste, Chanel, Replay, Miss Sixty, G-Star, Armani, Dolce&Gabbana, Dior, Prada and Adidas. The counterfeit goods were intended for distribution to various sales outlets in Bulgaria.
According to the authorities, pre-trial proceedings have been initiated against the infringers who face up to five years in prison.
For more information, please contact Jelena Jankovic at our Balkan Regional Office.
Source: Novinite, Bulgarian daily with news in English
December 21, 2010
Bulgarian Authorities Seize Levi Strauss, H&M, Puma Counterfeits
On November 19, 2010, Bulgaria’s Interior Ministry reported that considerable quantities of counterfeit apparel and footwear bearing well-known brand names have been seized in the towns of Blagoevgrad and Gabrovo, southwestern and central northern Bulgaria.
In Blagoevgrad, over 15,000 clothing items such as shirts and blouses, bearing among others the labels of Levi Strauss and H&M, were seized after the authorities discovered a factory that continued to illegitimately produce the goods after its contract with Levi Strauss expired. The ministry informed that the infringers stored the counterfeit apparel in a warehouse and sold it over the Internet.
In Gabrovo, the police officials discovered and seized an unidentified quantity of counterfeit Puma footwear and footwear production equipment, reportedly also because the production continued after the contract expired.
According to authorities, pre-trial proceedings are underway in both cases.
For more information, please contact Jelena Jankovic at our Balkan Regional Office.
Source: Sofiaecho.com, website with news from Bulgaria in English
Bulgarian Trademarks Added to TMview
TMview, Office for Harmonization in the Internal Market of the European Union (OHIM) database providing free access to data on almost 5 million trademarks, started offering access to data on Bulgarian trademark applications and registrations, announced OHIM on its website on December 13, 2010.
TMview already provides free access to trademarks held by OHIM, WIPO, the UK, Czech Republic, Italy, Benelux, Portugal, Denmark, Spain, Slovakia, Slovenia and Estonia. The aim is for TMview to eventually cover all EU member states.
For more information, please contact Jelena Jankovic at our Balkan Regional Office.
Source: OHIM
November 29, 2010
Bulgarian Authorities Uncover Manufacturers of Pirated CDs Worth EUR 19M
The Bulgarian authorities uncovered two manufacturers of pirated CDs operating in two legal plants in the capital of Sofia and in the town of Plovdiv, southern Bulgaria, in a major police operation carried out last month in cooperation with the Netherlands, Spain, Belgium and European Police Office (Europol). The sale of the illegal discs generated profits totaling EUR 19 million (USD 26 million).
The police allegedly seized 500,000 pirated CDs (box sets with latest songs, films, business software, games and TV series), from the two plants in Sofia and Plovdiv and designated for companies in Netherlands and Belgium.
At the beginning of October, the Bulgarian authorities received information on illegal CD production on the Bulgarian territory after the unnamed Dutch and Belgian companies placed an order for production of approximately 200,000 CDs, which were supposed to be completed by the end of October.
The police detected a faxed order from the Belgian company for approximately 100,000 CDs. Despite the fact that the owner of the Plovdiv company had been warned that the Belgian firm had no copyrights over the ordered titles and that the production of these CDs would be illegal, the Bulgarian company accepted the order and shipped the CDs to Tilburg, the Netherlands. The authorities tracked the shipment and detained the truck with Bulgarian license plates carrying 100,000 CDs.
The two manufacturers, identified by the initials DG and SV, are known to the police for producing and distributing thousands of pirated CDs in 1999 and 2000. It is not known whether the charges have been pressed against them.
For more information, please contact Milena Bogoslovova or Aleksandra Pavlovic.
Source: Focus News Agency
Bulgarian Police Close Virtual Mall with Fake Designer Goods
On October 22, 2010, the Bulgarian police officials closed down a virtual mall selling counterfeit luxury goods bearing various well-known labels.
The police shut down the website mallvm.com, which offered fake designer goods, following their raid on the warehouse in the center of Sofia, where the illegal goods were stored. During the raid, the officials seized counterfeit bags, caps, shawls, watches, bracelets, necklaces, earrings, wallets and perfumes, bearing the marks of Christian Dior, Adidas, Louis Vuitton, Dolce & Gabbana, Versace, Armani, Bulgari, Montblanc, Omega and Rolex, worth approximately EUR 511,000 (USD 696,000).
The infringers face up to five years in prison.
For more information, please contact Milena Bogoslovova at our Bulgaria office.
Source: News portal Dariknews.bg
Bulgarian Police Raid Copy Centers
The Bulgarian police have recently raided two copy centers in the capital of Sofia as part of the effort to eliminate illegal distribution of printed and scanned copyrighted material.
According to the statement issued on November 16, 2010, the authorities discovered illegal copies of textbooks during the raid and seized illegal business software, computers, laptops and other equipment worth approximately EUR 29,000 (USD 39,000). The legal proceedings under Article 172 of the Bulgarian Criminal Code have been initiated.
For more information, please contact Milena Bogoslovova at our Bulgaria office.
Source: Bulgarian news portal Sofiaecho.com
October 20, 2010
Bulgaria to Register Grape Rakia as Protected Geographical Indication
Bulgaria will attempt to register the alcoholic drink rakia, made of grapes, as a protected geographical indication (PGI) on the basis of Council Regulation (EC) No. 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labeling and protection of geographical indications of spirit drinks, repealing Council Regulation (EEC) No. 1576/89.
Rakia (also known as Rakija or Raki), which has its origins in Persia, is a popular strong alcoholic drink throughout the Balkans usually produced by distilling various kinds of fermented fruit.
Krassimir Koev, the executive director of the Agency for Vineyard and Wine at Bulgaria’s Ministry of Agriculture, stressed that for grape rakia to become a protected geographical indication, Bulgaria will need to prove that it is a grape rakia and not a wheat distillate, and that it was first produced in Bulgaria.
Bulgaria’s Minister of Agriculture Miroslav Naydenov stressed that a large quantity of rakia in Bulgaria is not made of grapes, but of wheat. In order for grape rakia to be registered as a national drink before the European Commission, at least 25 percent of it should be made of grapes. However, only 10 percent of rakia is currently made out of wine distillate.
During the EU accession negotiations, Bulgaria made several unsuccessful attempts to protect rakia at Community level as a unique technological product, but this is the first time that this country is trying to protect grape rakia as a traditional, national drink. The registration procedure is expected to last for one year.
Bulgaria already has 14 protected brands of Bulgarian rakia. The aim of registering rakia as a protected geographical indication is to reduce the tax on alcoholic drinks and rakia in particular. The excise tax for a hectolitre amounts to approximately EUR 562 (USD 792).
For more information, please contact Iana Roueva at our Bulgaria office.
Source: Bulgarian web portal Monitor.bg
Bulgarian Police Seize Counterfeit Luxury Goods
During their recent inspection of a large wholesale outlet in the capital city of Sofia, the Bulgarian police officials, in cooperation with the Bulgarian Patent Office (BPO), seized a considerable number of counterfeit luxury goods.
The officials seized more than 1,000 clothing articles, shoes and accessories bearing the marks Miss Sixty, G-Star, Armani, Dolce & Gabbana, Diesel, Ferre, Dior, Prada, Adidas, Chanel, Cavalli and Cerruti, worth approximately EUR 102,258 (USD 144,000).
For more information, please contact Milena Bogoslovova at our Bulgaria office.
Source: Bulgaria Interior Ministry
Unlicensed Software Seized in Bulgaria
On September 27, 2010, the Bulgarian police officials, in cooperation with the Business Software Alliance (BSA) representatives, seized a computer with unlicensed software, during their inspection of the company “R” OOD, which sells computers with preinstalled business software in the town of Blagoevgrad, southwestern Bulgaria.
The BSA, a trade group representing some of the world’s leading software makers, aims to reduce unfair trade practice in the information technology sector by preventing the distribution and use of unlicensed computer programs infringing the rights of its member companies.
For more information, please contact Milena Bogoslovova at our Bulgaria office.
Source: Bulgarian technology news portal Technews.bg
September 21, 2010
Bulgarian PTO Seizes Puma, Armani, Adidas Counterfeits
During recent inspections in a number of Bulgarian towns - the capital of Sofia, Sandanski, southwestern Bulgaria, Svilengrad, southern Bulgaria, and various Black Sea resorts - the Bulgarian Patent Office (BPO) officials discovered and seized more than 1,500 counterfeit items bearing the marks of Lacoste, Puma, Armani, D&G, Ralph Lauren, Hugo Boss, Bulgari, Adidas, Jean Paul Gaultier, Louis Vuitton and Chanel.
The counterfeit goods were seized during the month of August and mainly consisted of sportswear, footwear, handbags, perfumes, mobile phones and accessories.
The BPO officials actively assist the Bulgarian police and customs officials in carrying out these types of inspections.
For more information, please contact Milena Bogoslovova at our Bulgaria office.
Source: Sofia Echo; BPO
August 24, 2010
Bulgarian Customs Seize Hello Kitty, Levi’s, Fred Perry Counterfeits
During regular controls at Bulgaria’s border crossings, the customs officials have recently seized a considerable quantity of goods bearing well-known brand names, believed to be counterfeit.
The officials at the Kapitan Andreevo border crossing point, southern Bulgaria, have recently discovered 4,735 textile products bearing the Hello Kitty mark.
The officials at Svilengrad, southern Bulgaria, discovered nearly 20,000 plastic bags bearing the mark of Levi’s.
During another recent inspection, the officials in the Bulgarian capital of Sofia seized nearly 1,500 T-shirts, 1,300 of them undeclared and 200 of them bearing the mark of Fred Perry, as well as 282 beach towels bearing the mark of Ferrari.
The infringing goods were found in trucks with Turkish license plates and were intended for the Bulgarian market.
For more information, please contact Milena Bogoslovova at our Bulgaria office.
Source: Econ.bg
Bulgarian Police Seize Counterfeit Goods, Infringers Face Imprisonment
During their recent inspections of several commercial sites located in the town of Blagoevgrad in southwestern Bulgaria, the Bulgarian police officials have seized a large amount of counterfeit clothing and accessories from at least 11 stores and warehouses.
During the inspection of several shops on August 4, 2010, the police officials confiscated 200 items bearing among others Adidas, D&G and Botticelli marks.
The seized goods included trousers, gowns, leather belts, shoes and bags worth more than EUR 132,935 (USD 168,763).
Some of the dealers were issued a fine of EUR 2,556 (USD 3,244) and face up to five years in prison.
For more information, please contact Milena Bogoslovova at our Bulgaria office.
Source: Dariknews.bg
July 21, 2010
Bulgaria Proposes Four New Cyrillic Domain Names
Following the Internet Corporation for Assigned Names and Numbers’ (ICANN) rejection of “бг“ as Bulgaria’s Cyrillic country code top-level domain (ccTLD) name, Bulgaria’s Ministry of Transport, Information Technology and Communications recently proposed four new extensions -“българия”, “бгр“, “бул“ and “бя“.
Bulgarians will soon be able to vote for the new domain extensions through the Ministry’s website.
The formerly proposed “бг“ extension was harshly criticized in Bulgaria even before it was submitted to ICANN, which rejected it in May 2010 on the grounds of visual similarities with the Brazilian ccTLD domain .br.
Bulgaria was expected to obtain a Cyrillic domain in September of this year, but the recent ICANN’s refusal is likely to delay this process.
For more information, please contact Milena Bogoslovova at our Bulgaria office.
Source: Novinite
Bulgarian Customs Seize Nike, Adidas, Puma, Diesel Counterfeits
During their recent inspection at the Lesovo border crossing point in southeastern Bulgaria, the customs officials seized 3,126 clothing items and accessories bearing well-known brand names, believed to be counterfeit.
The officials seized 1,896 key holders and metal emblems with the mark of Mercedes and 1,230 jackets, Bermuda shorts, T-shirts and sporting items bearing the marks of Nike, Adidas, Puma and Diesel. The items were found in a truck with a foreign license plate traveling from Turkey to Hungary. The driver stated that he carried 470 parcels packed with textile goods.
Moreover, during a recent inspection of three stores located at the Black Sea resort of Nessebar in southeastern Bulgaria, the police officials seized 250 bags and wallets bearing the marks of Puma, Chanel and Prada and 150 T-shirts bearing the mark of Puma.
For more information, please contact Milena Bogoslovova at our Bulgaria office.
Source: Bszone.info
June 23, 2010
Bulgarian Police Seize Counterfeit Tommy Hilfiger, Dolce&Gabbana Jeans
During the recent inspection of a commercial site located at the Black Sea resort of Sunny Beach in eastern Bulgaria, the Bulgarian police officials seized counterfeit clothing bearing well-known brand names.
The police seized 59 pairs of jeans with the marks of Tommy Hilfiger, Dolce&Gabbana, G-Star and Armani and four sweaters with the G-Star mark.
For more information, please contact Milena Bogoslovova at our Bulgaria office.
Source: bszone.info
May 24, 2010
Bulgaria Adopts Draft Law Amending the Law on Industrial Design
On April 28, 2010, Bulgaria’s National Assembly adopted the draft Law Amending the Law on Industrial Design. The law was published in the Official Gazette on May 11, 2010 and is expected to enter into force in three months, on August 12, 2010.
Changes mainly concern the industrial design registration procedure. The draft law abolishes the previous practice of substantive examination, which was performed ex officio by the Bulgarian Patent Office (BPO), and introduces a new examination and registration system.
The new system entails an application examination verifying whether an application meets formal requirements, whether a filed object is genuinely a design under the law and whether it contradicts public rules. If the application complies with the above terms, then a design is registered and the information about it published in the BPO Official Gazette.
Another change concerns the State Register of Industrial Designs maintained by the BPO. The BPO will from now on maintain all files not only on paper but also in the electronic form, which will be published on the official website of the BPO and available to everyone.
Another novelty concerns the application, examination and registration fees, which are EUR 25 (USD 31), EUR 40 (USD 49) and EUR 102 (USD 125) respectively. If these fees are not paid within one-month from the date of the receipt of the notification by the applicant, double amounts will need to be paid within one month after the given period.
Another important novelty is the possibility for the applicant to postpone the publication of a registered design for a period of 30 months from the date of filing. The applicants may request postponement in order to examine the market and their competition, in the meantime keeping their design a secret from competitors.
According to the transitional and final provisions of the law, the new rules will enter into force nine months after the law’s promulgation.
The new law will be in full compliance with relevant EU regulations.
For more information, please contact Milena Bogoslovova at our Bulgaria office.
Source: Bulgarian PTO
Bulgarian Snack Food Manufacturer Fined Over Misleading TV Commercial
Bulgaria’s Commission for Unfair Competition has recently fined the Bulgarian snack food producer Ital Food Industry AD, located in the town of Shumen in northeastern Bulgaria, with EUR 109,058 (USD 138,373) over a misleading television commercial.
The commercial was considered to be misleading as it created the impression and led consumers to believe that the advertised product, small round breads with various toppings, Bruschette Maretti, originates in Italy. The commercial is based entirely on the Italian culture and language, and the various ingredients used to make the snack product such as the olive oil, parmesan cheese, tomatoes and basil create the same impression.
The Commission ruled that Ital Food Industry AD’s action is contradictory to the fair trade practice as the producer should have clearly indicated that the product is Bulgarian by origin.
For more information, please contact Milena Bogoslovova at our Bulgaria office.
Source: Bulgaria’s Commission for Unfair Competition
Bulgaria PTO President Elected to OHIM Budget Committee
On April 14, 2010, the President of the Bulgarian Patent Office (BPO) Kostadin Manev, was elected deputy chairman of the Budget Committee of the Office for Harmonization in the Internal Market (OHIM).
This is the first time OHIM has elected a Bulgarian person for its executive governing body. Manev was voted unanimously by the representatives of all 27 EU countries and he will assume the post from the current deputy chairman Michael English, from Ireland, for the next three years.
The OHIM’s Budget Committee is composed of representatives from each member state. The chairman is Robert Ullrich from the Austrian Patent Office.
For more information, please contact Milena Bogoslovova at our Bulgaria office.
Source: Bulgarian PTO
April 26, 2010
Bulgarian Meat Producer Fined for Unfair Competition
Bulgaria’s Commission for Unfair Competition has recently fined a meat producer Mekom JSC with EUR 169,012 (USD 231,000) for producing and selling a flat sausage KARLOSKA Krepost, similar to KARLOVSKA Lukanka, a protected designation of origin registered by the Bulgarian Patent Office (BPO) for flat sausage (lukanka) from the town of Karlovo in central Bulgaria. 
Mekom JSC, based in the town of Silistra in northeastern Bulgaria, has been found to infringe the intellectual property rights of KARLOVSKA Lukanka (right), produced by the Meat Plant Karlovo, subsidiary of Sofia-based BONI Holding, a leading Bulgarian meat processing company.
The Commission has ruled that there is substantial similarity between the appearance of the two products and their brand names KARLOVSKA and KARLOSKA, both written in capital letters, in order to fine Mekom JSC for unfair competition.
For more information, please contact Milena Bogoslovova at our Bulgaria office.
Source: Bulgaria’s Commission for Unfair Competition
Bulgarian Customs Detain Counterfeit Reebok, Adidas, Nike Clothing Labels
On March 18, 2010, the Bulgarian customs officials in the town of Lesovo in southeastern Bulgaria detained a shipment of 6,350 metal, textile and paper clothing labels bearing popular brand names, believed to be counterfeit.
The labels were discovered during a regular inspection in a car with Polish license plates, on its way from Turkey to Poland. The officials found 600 metal labels with the logos of Nike and Lacoste, 4,500 textile labels with Adidas, Puma and Reebok marks and 1,250 paper labels with Adidas, Puma and Nike marks.
For more information, please contact Milena Bogoslovova at our Bulgaria office.
Source: CROSS Online Bulgarian Network
March 30, 2010
Bulgaria Adopts Draft Law Amending the Law on Marks and Geographical Indications
On February 26, 2010, Bulgaria’s National Assembly adopted the draft Law amending the Law on Marks and Geographical Indications. The law was published in the Official Gazette on March 9, 2010 and will enter into force three months later, June 2010.
The draft law abolishes the previous practice of substantive examination and introduces opposition procedures. Previously, the Bulgarian Patent Office (BPO) had to examine the mark ex officio on both the absolute and the relative grounds for refusal, regardless whether an opposition has been filed or not.
Under the new system, trademark application will be examined on absolute grounds only and if it meets the requirements, it will be published in the Official Gazette of the BPO. Third parties have three months from the date of publication to file an opposition by submitting a written opposition.
This model corresponds to the examination procedure performed by the Office for Harmonization in the Internal Market (Trade Marks and Designs) - OHIM, which manages Community Trade Marks and Community Designs within the European Union. The transitional and final provisions state that the rules governing the opposition procedure will enter into force 12 months after the law’s promulgation in the Official Gazette.
Another novelty concerns the State Register of Trademarks and the State Register of Geographical Indications maintained by the BPO. The BPO will from now on maintain all files in paper and electronic form. The electronic form will be published on the official website of the BPO and will be available to everyone. The application for registration of a mark or geographical indication can now be filed electronically.
The new system aims to shorten the process of issuing trademark registration and to achieve full compliance with the relevant EU regulations.
For more information, please contact Milena Bogoslovova in our Bulgaria office.
Source: BPO
Bulgarian Police Seize Counterfeit Pensan Global Pens
On February 23, 2010, the Bulgarian police officials confiscated 7,100 counterfeit ballpoint pens bearing the mark of Pensan Global.
The items were discovered in a wholesale office supplies store in the city of Burgas in eastern Bulgaria.
For more information, please contact Milena Bogoslovova in our Bulgaria office.
Source: Focus Information Agency
February 23, 2010
Bulgaria with Highest Piracy Rates in the EU
According to the most recent Business Software Alliance (BSA) and International Data Corporation (IDC) global piracy report, published in May 2009, Bulgaria has the highest rate of illegal software and music downloads in the EU.
Romania, Greece, Latvia, Poland, Estonia and Cyprus follow with a slightly smaller percentage of illegal software use. In Bulgaria the piracy rate is 68%, followed by Romania 66% and Greece 57%. Latvia and Poland share the fourth place with 56%, while Estonia and Cyprus share the fifth place with a 50% piracy rate.
These piracy rates are high in comparison to other EU countries such as Slovenia, Slovakia or the Czech Republic, which have rates of 47%, 43% and 38% respectively, as well as Austria (24%) and Luxembourg (21%), and it is evident that the top five countries need stronger measures against piracy.
The report also shows the losses each country has incurred in 2008 because of high piracy rates. Poland software producers have lost around USD 648 million (EUR 472 million), Romanian USD 249 million (EUR 181 million) and Greek USD 238 million (EUR 173 million).
The Polish police handle about 5,000 proceedings related to the use of illegal software every year. The ministry of internal affairs is working on a new law that is supposed to facilitate the fight against Internet piracy and harmonize Polish regulations with the EU law.
According to the report, other EU countries, such as the Czech Republic and Hungary, have adopted law amendments and established special bodies to suppress piracy and other IPR violations.
For more information, please contact Masa Lopicic in our Balkan Regional Office.
Source: The News From Poland – Polish Radio Online; BSA statistics
Bulgarian Snack Food Company Fined Over Misleading TV Commercial
Bulgaria’s Commission for Unfair Competition has recently fined a Sofia-based snack food producer Intersnack Bulgaria EOOD, part of Intersnack Group, a major European supplier of snacks and nuts, and its advertising agency, Publicis AD, with EUR 125,869 (USD 173,579) and EUR 88,057 (USD 121,445) respectively, over a misleading television advertisement.
The television advertisement was found to be misleading because it created the impression and led consumers to believe that the advertised product is genuinely Bulgarian.
However, it was discovered that the nuts, with the exception of the sunflower seeds, were produced by a company in Bucharest, Romania, while the raw material came from various producers located in Argentina, China, Iran, Turkey, Mozambique and the United States.
The Commission ruled that the advertising campaign focuses entirely on the origin of the products and as such may affect the consumer purchasing behavior and cause damage to competitors.
For more information, please contact Milena Bogoslovova in our Bulgaria office.
Source: Bulgaria’s Commission for Unfair Competition
Bulgarian Police Seize Illegal Computer Software From a Design Company
On January 28, 2010, the Bulgarian police officials confiscated more than USD 150,000 (EUR 108,747) worth of illegal computer software from a Sofia-based design company.
The operation resulted in the seizure of 18 servers containing unlicensed copies of AutoCAD, Autodesk, CorelDRAW, Windows, Microsoft Office 2007 and Adobe Acrobat Professional.
For more information, please contact Milena Bogoslovova in our Bulgaria office.
Source: Sofia Echo
January 20, 2010
Bulgarian Police Seize 2,5 Tons of Counterfeit Washing Detergent
On December 22, 2009, Bulgarian police officials seized approximately 2,5 tons of counterfeit washing detergent in the city of Plovdiv in southern Bulgaria.
The washing powder packed into bags and boxes with the labels of well-known brands Calgon, Tide and Ariel, was discovered in a warehouse managed by a 40-year-old Plovdiv resident.
During the inspection, the police seized more than 2,000 filled and 5,000 empty or partly filled boxes.
For more information, please contact Milena Bogoslovova in our Bulgaria office.
Source: Blitz.bg
Counterfeit Alcohol Shop Discovered in Bulgaria
On January 9, 2010, a team of Bulgarian customs and police officials raided a Sofia shop where counterfeit alcohol was produced and poured into bottles bearing the labels of popular whiskey and vodka brands.
During the search of a shop rented by a 31-year-old Lebanese citizen, the officials discovered 300 liters of whiskey stored in plastic gallons and 1,500 sealed bottles of whiskey and vodka, bearing the labels of Chivas Regal, Johnny Walker, Jack Daniel’s, Absolut and Finlandia.
Bottling equipment, empty bottles, corks, essences and thousands of fake bottle labels were also found at the shop.
For more information, please contact Jelena Jankovic in our Balkan Regional Office.
Source: Novinite (Sofia News Agency)
Bulgarian Cable TV Provider Fined for Unfair Competition
Bulgaria’s Commission for Unfair Competition has recently fined a cable television company based in the town of Stara Zagora in southern Bulgaria, with EUR 10,430 (USD 15,087) for the breach of fair trade practices.
The plaintiff, Krushev–Ilarion Krushev, claimed that the defendant, Trakia Cable Ltd., built a coaxial cable network on the territory of Stara Zagora and promoted and offered its services in June 2009, two months before obtaining the permission to use the network.
The Commission ruled that the defendant breached the fair trade practice by putting itself into a favorable position against its competitors.
For more information, please contact Milena Bogoslovova in our Bulgaria office.
Source: Bulgaria’s Commission for Unfair Competition
December 22, 2009
Bulgarian Alcohol Producer Fined for Unfair Competition
Bulgaria’s Commission for Unfair Competition has fined a Sofia-based alcohol producer Sis Industries with EUR 613,079 (USD 891,477) for producing and advertising a drink Ouzaki Zorbas, which is confusingly similar to Greece’s most popular drink ouzo.
The company that developed the advertising strategy for the product has also been fined with EUR 30,873 (USD 44,951).
The Commission has ruled that the elements of the Greek culture portrayed in the ads and on the drink’s label could easily mislead the consumers into believing that the Bulgarian-made drink is a variation of Greece’s ouzo.
For more information, please contact Jelena Jankovic at our Balkan Regional Office.
Source: The Sofia Echo
Bulgarian Company Fined for Trade Dress Infringement and Unfair Competition
Bulgaria’s Commission for Unfair Competition has fined a Sofia-based food and beverage producer with EUR 277,498 (USD 409,893) for copying its competitor’s packaging.
The plaintiff, Kendy Ltd., claimed that the defendant, Eurostock Ltd., designed the packaging for its seasoning product under the brand name Delicatina as a copy of plaintiff’s Picantina packaging, a long-established brand on the Bulgarian market.
The Commission has ruled that the defendant deliberately copied plaintiff’s packaging in order to better promote its product and that the similarities were sufficient to mislead consumers into believing that the two products are different versions of the same brand.
For more information, please contact Milena Bogoslovova in our Bulgaria office.
Source: Novinite.com (Sofia News Agency)
Bulgarians Arrested in Moscow On Piracy Charges
On November 5, 2009, three Bulgarian citizens were arrested in Moscow, charged with copyright infringement and distribution of pirated discs, and face up to six years in prison if convicted.
Kostadin Kostov, Krasimir Velchev, and Simeon Borisov managed the Millenium 2001 firm, which operated a CD production plant at Zelenograd, near Moscow, where they organized the large-scale production and distribution of pirated discs.
Bulgaria may start a piracy case parallel to Moscow’s investigation.
For more information, please contact Jelena Jankovic in our Balkan Regional Office.
Source: Novinite.com (Sofia News Agency)
Bulgarian Police Seize Pirated Software, Films and Music
Bulgarian police officials have recently discovered computer servers with 27 terabytes of pirated material, including 5000 movies and an unspecified number of music files, computer games and illegal software.
The pirated material belonged to an Internet service provider acting on the territory of the towns Burgas and Yambol in eastern and south-eastern Bulgaria.
The illegal software included Microsoft, Adobe, Macromedia and Autodesk.
This is the largest amount of pirated products seized in Bulgaria in recent years.
For more information, please contact Milena Bogoslovova in our Bulgaria office.
Source: Darik News
November 24, 2009
Bulgarian Police Seize Counterfeit Lavazza Coffee
The Bulgarian police seized 7,500 packages of counterfeit Lavazza coffee during an inspection of 15 Sofia-based commercial sites.
The value of the goods seized is estimated at EUR 15,338 (USD 22,777).
The inspection was carried out in cooperation with the Bulgarian Customs Agency and the National Revenue Agency.
For more information, please contact Milena Bogoslovova at our Bulgaria office.
October 21, 2009
Bulgarian Company Fined for Unfair Competition
The Bulgarian Unfair Competition Commission has fined a steel rope manufacturer with EUR 12,986 (USD 19,345) for infringing the rights of its competitor.
The defendant, Tros Mar Ltd., and the plaintiff, Demax Trade Ltd., both based in the city of Burgas in southeastern Bulgaria, are competitors in the market of manufacturing and distributing steel and synthetic ropes, stainless steel wire rope systems and freight machinery used in construction and shipbuilding industries.
The plaintiff claims that the defendant has copied the items from its catalog by creating its own by using the same colors and geometrical lines to indicate the specific product parameters. The defendant did not deny scanning pictures from catalogs of various companies, including the catalog belonging to the plaintiff.
According to the Commission, there is a substantial similarity between the two catalogues to fine the defendant for unfair competition.
For more information, please contact Milena Bogoslovova in our Bulgaria Office.
Bulgarian PTO Joins EuroClass Project
The fifth stage of the EuroClass project, aimed at creating a harmonized EU system in the field of classification of trademarks, has been accomplished successfully by integrating the Bulgarian Patent Office (BPO) in the project.
Currently, thirteen European national offices are integrated and the system functions in twenty-two languages. The member countries, other than Bulgaria, include Spain, Sweden, UK, Portugal, the Czech Republic, Finland, Germany, Poland, the Slovak Republic, Italy, and the Benelux countries (Belgium, the Netherlands and Luxembourg).
The EuroClass is a joint project between the Office of Harmonization for the Internal Market (OHIM) and the national offices of member states. The goal is to provide a common online classification tool where national offices can publish their official and approved lists of goods and services. The EuroClass also helps facilitate the transition to electronic filing.
For more information, please contact Milena Bogoslovova in our Bulgaria Office.
September 25, 2009
Bulgarian Travel Agency Fined for Unfair Competition
Bulgaria’s Commission for Unfair Competition fined a Sofia-based travel agency, Pan Tour Ltd. with EUR 981(USD 1,440) for infringing the rights of its competitor, Pan Tours Ltd.
The two companies, with almost identical names, were in the same line of business, providing travel services in Sofia.
The infringer moved into the same office space, formerly occupied by the plaintiff, and gave its business an almost identical name, with only one letter difference, with the intent to gain plaintiff’s clients.
According to the court, the infringer engaged in unfair competition by using a confusingly similar corporate, business and professional name with the intent to deceive consumers.
For more information, please contact Milena Bogoslovova in our Bulgarian Office.
Bulgarian Patent Office to Implement the OPAC Project
On August 6, 2009, the Bulgarian Patent Office (BPO) held a press conference on the implementation of the Operational Program Administrative Capacity Project (OPAC), budgeted at EUR 380,000 (USD 558,248) and co-financed by the European Social Fund.
The goal of the project is to create a new and more efficient information system for registering marks and geographical indications by introducing electronic filing and online payment of registration fees.
Currently, the process of issuing a trademark registration in Bulgaria lasts approximately a year and a half. With the new system implemented, the process should last less than a year.
The deadline for project implementation is December 1, 2010.
For more information, please contact Milena Bogoslovova in our Bulgaria Office.
August 19, 2009
Cosmo Bulgaria Mobile Fined over Copyright Infringement
The Sofia Municipal Court has recently ruled against a leading Bulgarian mobile operator, Cosmo Bulgaria Mobile, in a case of copyright infringement.
According to the court decision issued on May 7, 2009, in 2004 Cosmo Bulgaria Mobile infringed the copyright of the Bulgarian journalist Georg Kunchev by unauthorized use of the original footage from the film he co-authored and scripted, One Bulgarian Summer, released in 1995.
In 2004, the infringer distributed its promotional packages that included a short film entitled BG Football - The Golden Trail recorded on VHS tapes and DVDs, as well as a photo album called “24-karat Football.”
Both products contained the disputed footage from the film One Bulgarian Summer, which depicts successful participation of the Bulgarian national football at the World Football Championship Cup in the USA in 1994.
Cosmo Bulgaria Mobile was fined EUR 8,578 (USD 12,080), plus the interest rate as of March 2, 2005.
For more information, please contact Milena Bogoslovova in our Bulgaria Office.
Bulgarian Company Fined for Domain Infringement
The Bulgarian Antitrust Commission has recently imposed a fine of almost EUR 200,000 (USD 283,000) on a Sofia-based company for using a domain name confusingly similar to that of another company.
The legal proceedings were initiated by Ataro Klima Ltd., a producer of air-conditioning and ventilation installations from Plovdiv, a town in central Bulgaria.
Ataro Klima Ltd. argued that its competitor, Sofia-based Tangra – AV Ltd., had registered and used domain www.ataro-klima.com, which is confusingly similar to its own domain www.ataro.bg. Such use had caused confusion among consumers and had damaged its business.
The disputed domain was shot down.
For more information, please contact Milena Bogoslovova in our Bulgaria Office.
Bulgarian Police Confiscate Counterfeit Adidas, Nike, Puma, and Tommy Hilfiger Items
Bulgarian police officials have recently seized two loads of various counterfeit goods.
On July 8, 2009, the Bulgarian police confiscated 352 items of counterfeit G-Star, Puma and Tommy Hilfiger apparel at the Black Sea resort of Sunny Beach in eastern Bulgaria.
The goods worth EUR 2,923 (USD 4,135) were discovered during a regular inspection in two stores.
On July 4, 2009, the Bulgarian police seized several hundred counterfeit Adidas and Nike T-shirts, track suits, shorts, training shoes and other sport equipment.
The police found the counterfeit items in the town of Stara Zagora in central Bulgaria, upon request of Adidas and Nike representatives in Bulgaria.
For more information, please contact Milena Bogoslovova in our Bulgaria Office.
July 21, 2009
Bulgarian Police Seize Counterfeit Adidas, Burberry, Nike and Playboy Apparel
In the period between June 9 and June 12, 2009, Bulgarian police officials seized several loads of counterfeit goods at different locations in the country.
They first discovered approximately 500 pieces of counterfeit Adidas, Burberry, Nike and Playboy apparel in a shop at the Black Sea resort of Nessebar in eastern Bulgaria.
Later on, the police found more than 550 counterfeit Adidas sport items in the regions of Blagoevgrad in southwestern Bulgaria, Plovdiv in central part of the country, and Sofia in western Bulgaria. The seized goods are worth more than EUR 20,512 (USD 29,178).
On the same occasion, police officials also shut down the websites selling counterfeit Adidas goods.
On both occasions, the police acted in cooperation with the legal representative of Adidas in Bulgaria.
For more information, please contact Milena Bogoslovova in our Bulgaria Office.
June 25, 2009
Counterfeit Adidas and Nike Apparel Seized in Bulgaria
On May 13 and 14, 2009, Bulgarian PTO officials conducted an inspection of a shopping mall in Plovdiv, in central Bulgaria, to stop the distribution of counterfeit Adidas, Nike, and Playboy apparel.
As a result, the Bulgarian PTO seized 369 pairs of footwear and 443 pieces of tracksuits, T-shirts, vests and shorts. The counterfeit goods were imported from Turkey and China, and are worth EUR 43,589 (USD 60,360).
The inspection was conducted in cooperation with representatives of the infringed trademarks.
For more information, please contact Milena Bogoslovova in our Bulgaria Office.
Bulgaria Hosts 2009 Worldwide Symposium on Geographical Indications
The World Intellectual Property Organization (WIPO) and the Bulgarian Patent Office (BPO) jointly hosted the 2009 Worldwide Symposium on Geographical Indications in Sofia, Bulgaria, June 10 to 12, 2009.
According to BPO, the event gathered representatives of more than 40 countries, including WIPO representatives, BPO, producer associations, governmental and non-governmental organizations, and delegates of national patent offices.
Newly elected director general of WIPO, Dr. Francis Gurry, attended the event as a special guest and officially closed the symposium.
Discussion topics included the following:
- Review of existing international registers for geographical indications;
- Role of geographical indications in preserving traditional knowledge and rural development;
- Geographical indications in South-Eastern Europe;
- System of protection of geographical indications and policy considerations (workshop of administrations);
- Ways to develop the international legal framework for geographical indications.
Producers of goods also shared experiences in registering geographical indications for their products.
For more information, please contact Milena Bogoslovova in our Bulgaria Office.
May 12, 2009
Unlicensed Microsoft Software and Satellite Receivers Discovered in Bulgaria
On April 7, 2009, officials of the Bulgarian Ministry of Culture discovered unlicensed Microsoft software in an advertising agency in Sofia.
The unlicensed software included Microsoft Corel, Adobe, Macromedia and other graphic design programs, worth more than USD 20,588 (EUR 15,339).
In the period between April 6 and 11, 2009, the Ministry officials also conducted inspections of cable operators in several Bulgarian towns: Varna, Dobrich, Burgas, General Toshevo, Yambol and Sliven.
As a result, they seized 38 satellite receivers with unlicensed digital cards.
For more information, please contact Milena Bogoslovova in our Bulgaria office.
Bulgaria to Host PATLIB 2009
The Bulgarian Patent Office (BPO) will host the annual conference of patent information centers in Europe – PATLIB 2009. The conference will take place at Kempinski Hotel Zografski in Sofia from May 20 to 22, 2009.
According to the website of the European Patent Office (EPO), PATLIB is a network of patent information centers, comprising the national patent offices of each EPO member state and all regional patent information centers. In total, there are more than 328 such centers in Europe.
The EPO organizes PATLIB conferences on an annual basis and in cooperation with national patent offices. Traditionally, the conference features an exhibition where national patent offices and commercial providers present their activities, products and services.
According to EPO’s website, some of the keynote speakers at PATLIB 2009 will be: Alison Brimelow, president of the European Patent Office; Frédéric Caillaud, director of licensing and business development at L’Oréal; and Kostadin Manev, president of the Bulgarian Patent Office.
For more information, please contact Milena Bogoslovova in our Bulgaria office.
April 14, 2009
Bulgaria to Change Law on Industrial Design, Draft Law Prepared
The deadline for submitting comments on the draft of the Bulgarian Amended Law on Industrial Design expired on March 31, 2009.
The draft law introduces three main groups of changes to the current Law on Industrial Design, which entered into force on December 15, 1999.
- Changes in the content and publishing of the state register of industrial designs;
- Changes that regulate the granting and withdrawal of industrial design rights;
- Changes in the registration procedure.
The first group of changes entails the following. The register will contain detailed information about registered industrial designs, such as the number and date of application filing, design’s image, the date of publication in the Official Gazette, information about publication’s postponement, the name and address of the owner and industrial property representative, registration validity and renewal, and any changes in above mentioned information.
The Bulgarian Patent Office (BPO) will from now on maintain files for all industrial designs in paper and electronic form. The electronic form will be published on the official website of the BPO and will be available to everyone.
The draft law introduces a new registration system for industrial designs. Namely, the examination procedure should verify whether applications meet formal requirements.
The draft law stipulates shorter deadlines for submitting corrections to applications, for replies to preliminary rejection, as well as for the payment of fees in order to speed up the registration procedure.
Another novelty is that applicants will receive a one-month grace period if they do not pay application, examination or registration fees within the prescribed period of one month. However, in that case they have to pay double fees.
Yet another novelty concerns the possibility to postpone the publication of the registered industrial design. According to Articles 48a and 48b, applicants may request postponement in order to examine the market and their competition, and thus keep their industrial design as a secret from competitors.
The draft law, which is in full compliance with relevant laws in the European Union, is expected to enter into force nine months after its publication in the Official Gazette.
For more information, please contact Milena Bogoslovova in our Bulgaria Office.
Bulgarian Patent Officials Seize Counterfeit Apparel
During their recent inspections in cooperation with the Ministry of Interior, officials of the Bulgarian Patent Office (BPO) have seized several loads of counterfeit apparel.
On March 20, 2009, the BPO officials conducted an inspection at the Iliantsi bazaar in Sofia and discovered more than 1,900 pieces of counterfeit Adidas, Nike, Puma, Kappa, Le Coq Sportif and the Liverpool Football Club apparel.
Five days later, the BPO officials conducted another inspection at the Iliantsi bazaar, and seized counterfeit Puma AG Rudolf Dassler Sport shoes.
On March 26, 2009, more counterfeit Adidas, Diesel and Dolce & Gabbana apparel were seized in the town of Dobrich in northeastern Bulgaria.
For more information, please contact Milena Bogoslovova in our Bulgaria Office.
March 17, 2009
Bulgarian Customs Seize Counterfeit Apparel Worth EUR 358,000
On February 24, 2009, the Bulgarian customs authorities seized counterfeit Armani, Gianfranco Ferré, Adidas, Nike, Puma and Pierre Cardin clothing, worth approximately EUR 358,000 (USD 453,000).
The seized goods included 27,778 counterfeit Armani and Gianfranco Ferré sweaters, as well as 1,167 cardigans and 131,065 pairs of counterfeit Adidas, Nike, Pierre Cardin and Puma socks.
The counterfeit apparel was seized in the town of Lesovo in southeastern Bulgaria during a regular inspection. The clothing was found in two trucks with Ukrainian registration plates, traveling from Turkey to Ukraine.
For more information, please contact Milena Bogoslovova in our Bulgaria Office.
October 27, 2008
Bosnia, Bulgaria and Lithuania ratify Geneva Act of Hague Agreement on Industrial Designs
The three countries formally acceded to the Geneva Act of the Hague Agreement on International Registration of Industrial Designs by depositing their accession documents with WIPO.
This treaty allows users to apply for protection of industrial designs in the EU and other member states by filing one single application for registration. The treaty took effect in Lithuania on September 26, 2008, in Bulgaria on October 7, 2008, and in Bosnia & Herzegovina it will take effect on December 24, 2008.
27 other countries are currently contracting parties to the Geneva Act.
For more information, contact Ms. Judith Goeke in our Balkan Regional Office.
February 07, 2008
Bulgaria Accedes to Singapore Treaty
On January 21, 2008 Bulgaria acceded to the Singapore Treaty on the Law of Trademarks.
The Singapore Treaty was adopted in March 2006 at the WIPO Diplomatic Conference in Singapore. It updates the 1994 WIPO Trademark Law Treaty by providing for electronic filing of trademark applications and recognizing other technological advancements. To date, more than 50 countries have signed the treaty, signaling their intention to ratify and be bound by its provisions.
For more information, please contact Loic Dufour.
January 02, 2007
Supplementary Protection Certificates in Bulgaria and Romania
Further to the accession of Bulgaria and Romania to the European Union on January 1, 2007, EU regulations concerning the creation of supplementary protection certificates for medicinal products, as well as the regulations concerning the creation of supplementary protection certificates for plant protection products will enter into force in these two countries.
Accordingly, it is important to note the following:
In both Bulgaria and Romania any medicinal product or any plant protection product protected by a valid basic patent and for which the first authorisation to enter the market as a medicinal product or as a plant protection product was obtained after January 1, 2000 may be granted a certificate provided that the application for a certificate is lodged within six months of the date of accession, which is by June 30, 2007.
The above applies even if the actual filing date, calculated according to the EU regulations, has expired.
For more information please contact Loic Dufour or Aura Campeanu.
August 30, 2005
Changes in Bulgaria IP Legislation
Amendments to the law on marks and geographical indications providing greater protection for IP rights in Bulgaria came in force on August 20, 2005.
Among other things, the amendments require publication of all trademark applications in the Official Gazette of the Patent Office of the Republic of Bulgaria.
With respect to oppositions, third parties have two months from the date of publication in which to file an objection to the registration of a new trademark.
Bulgaria has also seen the development of a ‘trademark watch’ service, which has not been available to IP rights owners in Bulgaria until recently.
For more information on IP developments in Bulgaria, please contact our Bulgaria representative.