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Law Amending And Supplementing The Law On Industrial Design

Original Language Title: Закон за изменение и допълнение на Закона за промишления дизайн

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Name of law Law amending and supplementing the law on industrial design the name of Bill a bill amending and supplementing the law on industrial design acceptance date 28/04/2010 number/year Official Gazette 35/2010 Decree No 120

On the grounds of art. 98, t. 4otKonstituciâta of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the law on industrial design, adopted by the National Assembly of the HLI, 28 April 2010.

Issued in Sofia on May 3, 2010.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

LAW

amending and supplementing the law on industrial designs (promulgated, SG. 81 of 1999; amend., no. 17 of 2003 No. 43 and 105 by 2005, 30 and 73/2006, no. 59 of 2007 and no. 12 and 32 from 2009.)

§ 1. In art. 1 al. 2 is repealed.

§ 2. In art. 6 the words "on request" shall be deleted, and after the word "registry" is added "deferment of publication".

§ 3. In art. 7, para. 1, after the word "file" "is inserted in paper and electronic form.

§ 4. Article 8 is amended as follows:

The State Register of industrial designs

Art. 8. The State Register of industrial designs shall be kept and maintained by the Patent Office and shall contain the following particulars:

1. number and date of filing of the application for registration of a community design;

2. the representation of the design;

3. an indication of the products by their names, preceded by the numbers of the classes and subclasses of the international classification for industrial designs under the Locarno Agreement and grouped by the appropriate means;

4. the number of designs;

5. registry number and date of registration;

6. the number of the official bulletin of the Patent Office and the date of publication of the registration;

7. data for deferment of publication;

8. information on the claimed priority-number, date and country of the initial request if such is claimed;

9. name and address of the applicant, the holder of the design, respectively;

10. the name of the author of the design;

11. name and address of the industrial property representative, where this is authorized;

12. period of validity of the registration;

13. renewal of the registration;

14. legal status of the registration;

15. information on proceedings instituted to expunge the registration of the design – the date of filing, the applicant entered into force decision;

16. other data – change in the name and/or address of the holder of the design, transfer of a design right, contractual exploitation right, guarantee, pledge, bankruptcy. "

§ 5. Article 9 is amended as follows:

"Access to the State Register of industrial designs

Art. 9. The State Register of industrial designs shall be public and shall be published on the website of the Patent Office. He leads a hard copy and an electronic database managed by an information system. Any person may request an extract of the report or its contents. "

§ 6. In art. 11 al. 3 is repealed.

§ 7. Art is created. 13A:

"The novelty and individual character of the design of a product that is part of a complex product

Art. 13. where the design is applied to or incorporated in a product which is part of a complex product, it shall be deemed to be new or original if: 1. the part that is included into the complex product, remains visible during normal use of this product, and

2. the visible features of the part fulfil the requirements as to novelty and individual character.

§ 8. Article 18 shall be replaced by the following: "scope of legal protection

Art. 18. the scope of the legal protection is determined by the image, respectively of the images of the registered design shall include any design which does not produce on the informed user a different overall impression. "

§ 9. In art. 24, para. 4 the word "application" replaced with "request".

§ 10. In art. 26, al. 4 in the first sentence, the word "application" replaced with "request", and in the second sentence, the word "application" replaced with "request".

§ 11. Article 26a is amended as follows:

The "law on community design as an object of collateral

Art. 26. (1) a design right may be the subject of collateral taken or future action. The Court at the request of the interested party, without informing the other party, and any of the following protective measures:

1. the prohibition of the use of the design rights by the proprietor or licensee;

2. Prohibition of disposal of the design rights by the holder or by the licensee of an exclusive licence.

(2) the imposition of preventive measure under para. 1 shall be made immediately by the bailiff on the basis of a precautionary warrant of the Court.

(3) the bailiff enforces a preventive measure under para. 1 by sending a message to its imposition to the holder of the design.

(4) The Court shall be entered in the State Register of industrial designs at the request of one of the parties to the claim. The application must include details of the holder of the design and to the person in whose favor is granted security and precautionary measure. The document is applied to the request, which was granted the security.

(5) the security referred to in para. 1-4 have effect in respect of the holder of the design or the licensee of an exclusive licence from the date of receipt of the notice imposing a precautionary measure, and in respect of third parties, from the date of registration of the collateral in the State Register of industrial designs. "

§ 12. In art. 26 in, al. 3 the word "application" replaced with "request".

§ 13. In art. 27, al. 2 the word "concerned" shall be replaced by "any".

§ 14. In art. 29 the following modifications are made:

1. In paragraph 8. 1 item 3 shall be replaced by the following:


3. is identical within the meaning of art. 12, al. 2 the design made available to the public by any means before the filing or priority date, respectively, anywhere in the world, or is identical to the design that is declared before the date of filing of the application for registration, the date of the priority accordingly, and registered on a national or international order or by design; ".

2. in the Al. 4, the words "requested" be replaced with "request".

3. Paragraph 5 shall be amended as follows:

"(5) the registration may be deleted and officially by the Patent Office when the registered design does not meet the requirements of art. 3 and art. 11, para. 2, item 1. "

§ 15. In art. 31 al. 1 shall be amended as follows: ' (1) the application for registration of a design shall be filed with the Patent Office in person or through a representative, by mail, by fax or by electronic means. Where the application is filed electronically, the identification by a unique identifier of the applicant and the industrial property representative, as well as an electronic signature within the meaning of art. 13, para. 1 of the law on electronic document and electronic signature are not required. "

§ 16. In art. 32 make the following amendments and additions:

1. In paragraph 8. 1: a) in paragraph 1, the words ' in carrying out the actual commercial or production activity "shall be replaced by ' its seat ';

b) in point 7, the words "international classification of models and drawings" are replaced by "the international classification of industrial designs";

in point 11) is repealed;

d) 12 shall be inserted:

12. a request for deferment of publication of the registration according to art. 48A. "

2. in the Al. 3 the word "3 month" shall be replaced by "two".

§ 17. In art. 33, para. 1, the words "international classification of models and drawings" are replaced by "the international classification of industrial designs".

§ 18. In art. 34 the following modifications are made:

1. In paragraph 8. 1 the word "3 month" shall be replaced by "two".

2. in the Al. 2 the word "3 month" shall be replaced by "two".

§ 19. In art. 36 the following modifications are made:

1. In paragraph 8. 1, second sentence, the words "the received materials are kept in the Patent Office" shall be replaced by ' request is considered a failure.

2. paragraph 2 is replaced by the following:

"(2) for any application with an established date of filing shall check whether the document is attached for paid subscription fees, expertise and the deferment of the publication of the registration when requested. When this document is not attached, the applicant shall be provided within one month to rectify this shortcoming. Within one month after the expiry of that period, the fees may be paid in double size. If within this period the fees are not paid, the application shall be considered withdrawn.

3. in the Al. 3, second sentence, the word "three" is replaced by "two".

§ 20. Articles 36A and 36B shall be repealed.

§ 21. In art. 37 following amendments and supplements shall be made:

1. the title shall be replaced by the following: "registration procedure".

2. Paragraph 1 shall be amended as follows:

(1) within two months after the expiry of the time limit under art. 36, para. 3 if it is carried out the requested design expertise:

1. a design within the meaning of art. 3;

2. is not excluded from protection under art. 11, para. 2, item 1. "

3. Paragraph 2 is repealed.

4. in the Al. 3 the word "3 month" shall be replaced by "two".

5. in the Al. 5 creates the second sentence: "within one month after the expiry of that period, the fees may be paid in double the amount."

6. Paragraph 7 shall be amended as follows:

"(7) where there are grounds for refusal of the registration of the requested part of the designs included in a multiple application, the applicant shall be notified of this, listing all the reasons and provide him two months to reply. If, within that period, the applicant does not respond, do not make reasonable objection or not limit designs, a decision shall be taken for the total or partial refusal of registration. "

7. a para. 8:

(8) decisions on application for registration of a design shall be laid down by a Government expert who leads and correspondence on request. "

§ 22. In art. 38, para. 3 the word "application" replaced with "request".

§ 23. In art. 39 the following modifications are made:

1. In paragraph 8. 1 the word "application" replaced with "request";

2. in the Al. 2 the word "Application" replaced with "Request".

3. in the Al. 4 the word "application" replaced with "request".

§ 24. In art. 41 Al is created. 4:

"(4) the procedure for the examination of disputes shall be determined by an Ordinance of the Council of Ministers."

§ 25. In art. the following 44 amendments:

1. In paragraph 8. 1 the words "the President of the Patent Office" shall be replaced by "shall".

2. in the Al. 2, the words "by the President of the Patent Office, who" shall be replaced by "and".

3. in the Al. the words "by the President of the Patent Office" shall be deleted.

4. a para. 5:

"(5) the decisions referred to in paragraph 1. 1-3 are taken by the President of the Patent Office or the Deputy Chairman, empowered by it in writing. "

§ 26. In art. 45 following amendments and supplements shall be made:

1. In paragraph 8. 2, the words "by the President of the Patent Office" shall be deleted.

2. in the Al. the words "by the President of the Patent Office" shall be deleted.

3. in the Al. 6 the word "three" is replaced by "6 months".

4. a para. 7:

(7) the decisions referred to in paragraph 1. 2 and 3 shall be taken by the President of the Patent Office or the Deputy Chairman, empowered by it in writing. "

§ 27. Article 46 shall be replaced by the following: "Extension of time limits

Art. 46. The time limits referred to in art. 36, para. 3, art. 37, para. 3 and art. 45, para. 1, may be extended once for the same duration at the request of the applicant or the holder, made before their expiry. The request is not respected when it is not attached to the document for the fee paid.

§ 28. In art. 47 in the first sentence, the word "application" replaced with "request", and in the second sentence, the word "Application" replaced with "Request".


§ 29. Create art. 48A, 48B and 48 in:

"The deferment of the publication of the registration

Art. 48. (1) the applicant of a design may require the filing of the application with the deferment of the publication of the registration of the design, if it be registered for a period of 30 months from the filing date of the priority date, respectively. The request for deferment of publication of registration must be accompanied with a document for paid fee.

(2) If a multiple application the request for deferment of publication may refer to only part of the designs.

(3) when a decision on registration of the design, it fits in the State Register of industrial designs, but do not provide public access to the registered design and to his record.

(4) in the official bulletin of the Patent Office shall publish a notice for deferment of publication of the registered design, which contains the identification data of the holder of the design, the date of filing of the application, priority date, respectively, and resulted a number of design.

(5) information on the registered design and access to the file is granted on the basis of the written consent of its holder or where the person concerned proves that a case was filed against him for violation of the design.

Request for publication art. 48 (b) (1) a request for the publication of the registration shall be submitted by the holder of the design at the latest 27 months from the filing date, priority date, respectively, and is accompanied by a document for paid fee for publication, and for multiple query-document for paid additional fees according to the number of designs.

(2) where the request is not attached document for paid fee, the holder is granted within one month of its charge, which is within the time limit under art. 48 a, para. 1. (3) if within the time limit referred to in paragraph 1. 1 is not a request for publication and/or the fee is not paid, the application for a design is deemed to be withdrawn.

Post after expiry of the period for deferment

Art. 48 c. Where the request for publication is submitted within the time limit under art. 48 b, para. 1 and the fee has been paid for publication, publication takes place of registration of the design in the official bulletin of the patent office immediately after the expiry of the 30-month period. In the publication must be indicated and that the application contained a request for deferment of publication. "

§ 30. The title of chapter IV shall be replaced by the following: "registration of industrial designs under the Hague Agreement.

§ 31. Article 50 is amended as follows:

"The international registration of industrial designs

Art. 50. (1) the international registration of a design shall mean the registration carried out by the International Bureau of the world intellectual property organization, hereinafter referred to as "the International Bureau", under the Hague Agreement, hereinafter referred to as "the agreement", in accordance with the Hague Act of 1960 or the Geneva Act of 1999 of the agreement.

(2) in respect of third party international registration have effect in the territory of the Republic of Bulgaria by the date of expiry of the 6-month period, respectively, under art. 8, al. 1 of the Hague Act of 1960 and article. 12, al. 1 and 2 of the Geneva Act (1999) of this agreement.

 (3) where, within the period referred to in paragraph 1. 2 is not provided by the application or refusal if the refusal is withdrawn, the international registration in which the Republic of Bulgaria is a designated country shall have the same effect as if this design has been directly requested and registered in the territory of the Republic of Bulgaria, with effect from the date of the international registration. "

§ 32. Article 51 shall be replaced by the following:

"The duration of international registration

Art. 51. The period of validity of the international registration in the territory of the Republic of Bulgaria shall be determined in accordance with this law as from the date of the international registration in the Bulletin of the designs of the world intellectual property organization. "

§ 33. Article 52 shall be amended as follows:

"Proceedings in the Patent Office

Art. 52. (1) The international application for which the Republic of Bulgaria is a designated country, the Patent Office shall carry out expertise whether the design meets the definition of a design pursuant to art. 3 and if it is not excluded from protection under art. 11, para. 2, paragraph 1 within 6 months from the date of publication of the international registration.

(2) where there are grounds for refusal to the International Bureau a message is sent to a total or partial refusal of the international registration in the territory of the Republic of Bulgaria, shall contain a statement of reasons and shall be given the opportunity for objection pursuant to this law. "

§ 34. Article 53 shall be amended as follows:

"The filing of an international application

Art. 53. (1) the natural or legal persons having a domicile or a real and effective existing industrial or commercial establishment in the Republic of Bulgaria, international applications may submit the agreement to the International Bureau through the Patent Office of the Republic of Bulgaria.

(2) the Patent Office sends the query to the International Bureau within one month of receipt.

(3) international registration fees are to be paid by the applicant to the International Bureau.

(4) where the international application is filed with the Patent Office, it must be accompanied with a document for paid fee for forwarding her. "

§ 35. Article 54 shall be amended as follows:

"An international application for which the Republic of Bulgaria is country of origin

Art. 54. An international application in respect of which the Republic of Bulgaria is a country of origin, shall have no effect in the territory of the Republic of Bulgaria. "

§ 36. Article 60 (a) is repealed.

§ 37. In art. 63 al. 3 is repealed.

§ 38. In art. 65 creates a new para. 5:


"(5) the measures referred to in paragraph 1. 1 and 4 shall not apply in respect of goods that are in transit through the territory of the Republic of Bulgaria. "

§ 39. In art. 66 para. 1 shall be amended as follows:

"(1) the infringement is established by Act, drawn up by an official designated by order of the President of the Patent Office, after carrying out the test. For carrying out the verification may require the assistance of the Ministry of the Interior. "

§ 40. In § 1 of the additional provisions the following modifications are made:

1. In paragraph 3 the words "industrial" are replaced by "industrial".

2. In paragraph 10, the words "such as interior decoration and furniture for kitchen, dining and other ' shall be deleted.

Transitional and final provisions

§ 41. (1) this law shall apply to applications for the registration of industrial designs, which are filed after its entry into force, as well as for applications for the registration of industrial designs, in which there is no final decision.

(2) applications for registration of designs which were published prior to the entry into force of this law shall be dealt with in the previous row.

§ 42. This Act applies in respect of requests for cancellation of the registration on which the pending its entry into force there is no judgment.

§ 43. The Council of Ministers shall adopt Ordinance referred to in art. 41, para. 4 within 6 months from the entry into force of this law.

§ 44. The law shall enter into force three months after its publication in the Official Gazette with the exception of § 2, 3, 5, § 14, t. 3, § 15, § 16, point 1, point (d) and paragraph 2, § 17, § 19, item 2 and 3, § 20, 21, 24, 27 and 29, which shall enter into force nine months after the promulgation of the law.

The law was adopted by 41-Otto National Assembly of 28 April 2010 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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