Legal protection for plant varieties in Bulgaria –

Legislation:

LAW on the Protection of New Plant Varieties and Animal Breeds

( http://www1.bpo.bg/images/stories/laws/law_newpvab_eg.pdf )

The provisions of this law apply to:
1. created or discovered and developed, plant varieties of any botanical genus and
species, including clone, line, hybrid, and rootstock, irrespective of the method
(artificial or natural) of their production, hereinafter referred to as “varieties”.
2. created or discovered and developed, breeds, lines or hybrids of farm animals,
irrespective of the method of their production, hereinafter referred to as “breeds”.

Legal protection for plant varieties is granted when the variety is:
1. new:
2. distinct:
3. homogeneous:
4. stable.

The authorship in a plant variety or animal breed arises with its being created or
discovered and developed. The person who has created or discovered and developed, a plant variety or animal breed is the author (breeder) of this plant variety or animal breed.

Authorities participating in the procedure of securing legal protection:

The State Variety Commission and the State Breed Commission of the Ministry of
Agriculture and Food Industry and the Patent Office are the authorities that participate in the
procedure of securing legal protection of the new varieties and breeds.

The applicant, the certificate owner, as well as their assignees have the right to
perform acts before the Patent Office, the State Variety Commission and the State Breed
Commission either personally or through a local intellectual property representative,
registered with the Ministry of Agriculture and Food Industry in accordance with rules set by
the Minister.

Applicants with permanent residence or with company main office abroad are obliged to
perform acts before the Patent Office, the State Variety Commission and the State Breed
Commission through intellectual property representatives.

Legal framework:

? LAW on Topography of Integrated Circuits

(http://www1.bpo.bg/images/stories/laws/law_topography_eg.pdf )

This Law governs the conditions and procedures for the registration of topographies of
integrated circuits, hereinafter referred to as “topographies”, the rights deriving from
registration and the protection of those rights.

Protection shall be afforded to an original topography that is the result of its
creators’ own intellectual efforts and is not commonplace among the creators of topographies and manufacturers of integrated circuits at the time of its creation.

Where a topography consists of a combination of known elements and their
interconnections, it shall be protected only if it fulfills the above conditions.

The legal protection of a topography under this Law shall not extend to the techniques used in the manufacture of the integrated circuit in which the topography is embodied or the information stored on it.

Legal basis:

1. Regulation (EC) No 469/2009 (former 1768/92) of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products (Codified version) (1)

2. Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products

3. LAW on Patents and Utility Model Registration:

According to the Tariff of the fees collected by the Patent Office of the Republic of Bulgaria

the following fees shall be paid for filing of the application, grant and maintenance of the certificate, as well as for publications: 

1. For submission and consideration of application for granting a certificate – 500 BGN;

2. For submission and consideration of application for extension of duration of certificates on medicinal products for pediatric use – 400 BGN.

3. For publication in the Official Bulletin of:

notice for filing an application for granting a certificate – 50 BGN;

notice for filing an application for granting an extension of duration of certificate on medicinal product for pediatric use – 50 BGN.

notice for granting the certificate – 50 BGN.

4. For granting the certificate – 50 BGN.

5. For re-granting of certificate with extensioned term of duration  – 50 BGN.      

6. For maintaining the certificate:

a) for the 1st year – 2000 BGN;

b) for the 2nd year – 2500 BGN;

c) for the 3rd year – 3000 BGN;

d) for the 4th year – 3500 BGN;

e) for the 5th year – 4000 BGN;

f) for a started 6th year concerning certificate on medicinal products for pediatric use – 2500 BGN.

7. Consideration of appeals against:

a) decisions for refusal of granting the certificate – 100 BGN;

b) decisions for suspension of proceedings – 100 BGN.

8. Consideration of applications for cancellation of certificates – 150 BGN.