What you need to know
PATENTS
Patents are granted for inventions in all technical fields which are new, involve an inventive step and are industrially applicable. Microbiological methods and products obtained through such methods may be applied for patents too.
Exempt of patent protection and not regarded as inventions are discoveries, scientific theories and concepts; mathematical methods; results of artistic work; schemes, rules and methods for performing mental acts, playing games or doing business; computer programs; presentations of information. The human body and embryos, their elements and genes are not patentable.
Patents are not granted for inventions, the publication or exploitation of which would be contrary to public order or morality, including methods for cloning people and using human embryos, methods for therapeutic or surgical treatment of human beings or animals as well as diagnostic methods (this exemption does not apply to substances and compounds used for carrying out of these methods); substances obtained through inter nuclear transformation used for military purposes; plant varieties or animal breeds.
The validity term of a patent is 20 years from the filing date of the patent application or priority date claimed in accordance with the Paris Convention. For pharmaceutical patents this protection term may be extended up-to 25 years on grounds of an issued Certificate for supplementary patent protection (SPC).
European patents are protected on the territory of Bulgaria if translated into Bulgarian language and duly validated.
TRADEMARKS
Mark is a sign able to distinguish the goods or services of one person from those of other persons and can be represented graphically. The right on a mark is acquired by registration. This right is an exclusive one and belongs to the first Applicant.
No registration is granted to marks that are not distinctive; marks that are contrary to public order and morality; marks having a descriptive or deceptive character. No registration is granted as well to a mark that is identical or similar to a previous trademark registration or well-known mark.
Status of famous or well-known mark can be granted to a trade or service mark in a special procedure before the Bulgarian Patent Office or declaratory court action.
The validity of trademark registration is 10 years from the filing date of the application or priority date according to the Paris convention. This protection term can be renewed indefinitely for further periods of 10 years.
The trademark registration can be cancelled if not used within 5 years or registered in bad faith.
CTM marks have many advantages in view of there uniform protection in all member countries of EU. Conversion of CTM trademark into Bulgarian national application is possible if duly filed in Bulgarian language at the Bulgarian Patent Office.
INDUSTRIAL DESIGNS
Industrial design is protected if it is new and has an inpidual character. The right on an industrial design is acquired by registration. This right is an exclusive one and belongs to the first Applicant, provided no previous use of the design is established in favor of another person.
No registration is granted in case the design is contrary to public order and morality; the specific features of the design are solely determined by the technical or functional features of the product or depend on the joining of the proposed design with another product, so that both products realize their technical function.
The protection term of a registered industrial design is 10 years from the filing date of the application and the registration may be renewed for three successive 5 year terms.
The industrial design registration may be cancelled on ground of a previous intellectual property right or bad faith on behalf of the Applicant.
CTM design has many advantages in view of its uniform protection in all member states of EU.
DOMAIN NAMES
Bulgarian domain name is the combination of an Internet name (name consisting of Latin letters/numerals) and the local indication “.bg”.
Registration of BG local domain name is granted to any person having valid legal grounds for registration (e.g. registered company or trademark identical to the proposed domain name).
No registration is granted to domain names that are contrary to the public order and morality or can lead to confusion.
The initial validity of a domain name registration is one year and this protection term can be renewed for further one year periods.
The domain name registration can be invalidated if the legal grounds for its registration cease to exist or the documents supporting the registration are found to be not true.
Domain names have great importance and good development perspectives in the modern world.
UTILITY MODELS
Registration is granted to utility models which are new, involve an inventive step (the so called “small” inventive step) and are industrially applicable.
Exempt of legal protection and not regarded as utility models are discoveries, scientific theories and concepts; mathematical methods; results of artistic work; schemes, rules and methods for performing mental acts, playing games or doing business; computer programs; presentations of information. The human body and embryos, their elements and genes cannot be protected as utility models.
Registration is not granted to utility models, the publication or exploitation of which would be contrary to public order or morality, including methods for cloning people and using human embryos, methods for therapeutic or surgical treatment of human beings or animals as well as diagnostic methods (this exemption does not apply to substances and compounds used for carrying out of these methods); substances obtained through inter nuclear transformation and used for military purposes; plant varieties or animal breeds.
The validity term of a utility model registration is 4 years from the filing date of the application or priority date claimed in accordance with the Paris Convention. This protection term can be extended only twice – with 3 years each time.