INTELLECTUAL PROPERTY RIGHTS PROTECTION REPUBLIC BULGARIA PATENT OFFICE
INTELLECTUAL PROPERTY RIGHTS PROTECTION REPUBLIC BULGARIA PATENT OFFICE OF THE REPUBLIC OF MINISTRY OF INTERIOR BULGARIA
Ways of protection (Industrial Property) Administrative Penal Protection Civil Protection PATENT OFFICE OF REPUBLIC OF BULGARIA Criminal Protection Border Measures
Any holder of registered IP rights may resort to the following solutions: Ø Administrative penal solution for infringed design or mark rights. Ø Civil solution: bring an action before the Sofia City Court; Ø Criminal law solution: bring an action before the regional court competent to hear the case; Ø Application of border controls; PATENT OFFICE OF REPUBLIC OF BULGARIA
Administrative penal protection (APP) Ø 1. 2. Ø Ø 1. 2. Present legal framework: Law on Marks and Geographical Indications (art. 81 -art. 88); Law on Industrial Designs (art. 65 -art. 70); Performed by the Patent Office; Advantages: fast, efficient, timely and entailing small expenditure for the right’s holders preventive and warning effect on the would-be infringers PATENT OFFICE OF REPUBLIC OF BULGARIA
Art. 81 (1) of Law on Marks and Geographical Indications A fine or a property sanction shall be imposed on any person who uses in the course of trade, within the meaning of Article 13, goods or services bearing a sign that is identical or similar to a registered mark without the consent of the holder thereof PATENT OFFICE OF REPUBLIC OF BULGARIA
Art. 65 (1) of Law on Industrial Design A fine or a property sanction shall be imposed on any person who produces, offers for sale, places on the market, imports, exports or stocks for those purposes goods manufactured by copying or use of a design falling within the scope of protection under Article 18 without the consent of its holder PATENT OFFICE OF REPUBLIC OF BULGARIA
Stages of APP Administrativepenal PATENT OFFICE OF REPUBLIC OF BULGARIA Judicial Executive
Administrative penal stage Inspection in the places of infringement Statement of infringement Protest Penal injunction PATENT OFFICE OF REPUBLIC OF BULGARIA Ceasing of proceeding
Sanctions 1. Fines Ø 500 – 1500 BGL for natural persons; Ø 1000 – 3000 BGL for legal persons Ø When infringement is repeated: 1500 – 3000 BGL (natural persons), 3000 - 5000 BGL (legal persons); 2. Seizing and destruction of goods Ø When is confirmed that the goods infringe certain IPR, the goods are to be destroyed PATENT OFFICE OF REPUBLIC OF BULGARIA
Judicial stage Ø Regional court – appeal against the penal injunctions of the president of the Patent Office (7 days since handing the injunction) Ø District administrative court - appeal the first instance court decision (14 days since notification) PATENT OFFICE OF REPUBLIC OF BULGARIA
Executive stage Ø Invitation for voluntarily payment; Ø Compulsory execution – by the National Revenue Agency (for fines) and Ministry of the Interior (for destruction of goods) PATENT OFFICE OF REPUBLIC OF BULGARIA
Statistics – Patent Office Year Statement of Penal infringement injunction Ceased goods Sanctions 2005 38 32 2006 108 86 39 039 7500 lv. 2007 76 78 25 000 22 275 lv. 2008 102 138 93 150 54 854 lv. September 2009 213 160 1 906 607 21 570 lv. PATENT OFFICE OF REPUBLIC OF BULGARIA
Figures üStatement of infringement PATENT OFFICE OF REPUBLIC OF BULGARIA
Statistics ü 213 application for the Administrative penal protection were submitted to the BPO during this year. Among others, the right holders who addressed the BPO with the application for the IPR protection are: “Nike international LTD”, “Adidas”, „DOLCE & GABBANA”, „TOMMY HILFIGER” ect. PATENT OFFICE OF REPUBLIC OF BULGARIA
REPUBLIC BULGARIA MINISTRY OF INTERIOR CHIEF DIRECTORATE ”COUNTER ORGANISED CRIME” COUNTERACTION TO CYBER CRIMES AND CRIMES COMMITTED VIA COMPUTER NETWORKS AND SYSTEMS
STRUCTURE OF THE MINISTRY OF INTERIOR General directorate General directorate ”Fire and emergency ”Pre-trial “Criminal police” ”Security police” ”Border police” safety” proceedings” Directorate ”Counter organized and serious crime” Directorate ”Counter common crime” Sector ”Computer crime and intellectual property”
FUNCTIONAL STRUCTURE OF SECTION ”CYBER CRIMES”-CDCOC HEAD OF SECTION UNIT III UNIT I ”COMPUTER FRAUDS AND THEFT OF IDENTITY” /ART. 212 а of Penal code/ code “DISSEMINATION OF PORNOGRAPHY AND PEDOPHILIA IN VIRTUAL SPACE, THREATS, TERRORIST, NAZI AND XENOPHOBIC PROPAGANDA ON INTERNET AND VIRTUAL GAMBLING” /art. 143; 144; 159; 162; 164; 327 of Penal code/ UNIT II ”INTERCEPTION OF ELECTRONIC DATA, ILLEGAL ACCESS, ALTERING AND DESTROYING COMPUTER RELATED DATA, INTRODUCING COMPUTER VIRUSES, DISSEMINATING SYSTEM PASSWORDS /art. 216 of Penal code/ UNIT IV “INTELLECTUAL AND INDUSTRIAL PROPERTY CRIMES” /art. 172 а, , 172 b of Penal code/ UNIT V “INFORMATION AND ANALYSIS AND CONTACT POINT 24/7”
OPERATIONAL UNITS IN THE MINISTRY OF INTERIOR WORKING ON THE FIELD OF COUNTERACTION TO CYBER CRIMES Ø SECTION “CYBER CRIMES AND INTELLECTUAL PROPERTY Ø APPOINTED OFFICIALS FROM THE 28 REGIONAL UNITS
LEGAL PROVISIONS Ø CONSTITUTION OF REPUBLIC OF BULGARIA Ø Ø Ø Ø Ø PENAL CODE PENAL PROCEDURE CODE MINISTRY OF INTERIOR ACT COPYRIGHT AND ALLIED RIGHTS ACT PERSONAL DATA PROTECTION ACT ELECTRONIC DOCUMENT AND ELECTRONIC SIGNATURE ACT TELECOMMUNICATIONS ACT ELECTRONIC TRADE ACT CLASSIFIED INFORMATION PROTECTION ACT SPECIAL INTELLIGENCE MEANS ACT Ø CONVENTION AGAINST CYBER CRIMES OF COUNCIL OF EUROPE ISSUED ON 23. 11. 2001
METHODS OF INVESTIGATION 1. INITIATION OF INVESTIGATION PROCEDURE - LEGAL REASON AND SUFFICIENT INFORMATION /art. 207 PPC/ 2. INITIAL INVESTIGATION ACTIVITIES - INTERROGATING WITNESSES /art. 115 -124 of PPC / - INSPECTION /art. 155 -156 of PPC/ OF COMPUTER SYSTEMS AND INSPECTION OF CRIMINAL ACT ON INTERNET - SEARCH AND SEIZURE /art. 159 -163 of PPC / 3. APPOINTMENT OF EXPERTISES 4. CONVICTION OF SUSPECT /art. 219 of PPC/
CONCRETE RESULTS FOR 2006 Ø 40 SPECIALIZED POLICE OPERATIONS HAVE BEEN REALISED Ø THE SECTION HAS PARTICIPATED IN 3 INTERNATIONAL POLICE OPERATIONS Ø 36 INVESTIGATIONS AND 6 INVESTIGATION INQUIRIES HAVE BEEN INITIATED Ø 9 POLICE OPERATIONS CONCERNIG COPYRIGHT CRIMES HAVE BEEN REALISED AND IN THE COURSE OF THE OPERATIONS HAVE BEEN SEIZED 1612 CD and 872 DVD
CONCRETE RESULTS FOR 2007 Ø 55 CRIME SIGNALS HAVE BEEN CHECKED Ø 12 CRIME SIGNALS HAVE BEEN CHECKED EVOLVED FROM EUROPOL AND NATIONAL CONTACT POINT “ 24/7” Ø 10 INVESTIGATIONS INITIATED Ø 2 SERVERS, 25 PERSONAL COMPUTERS, 1000 DVD AND 920 CD HAVE BEEN SEIZED Ø 3 OF THE MOST FREQUENTLY VISITED TORRENT TRACKERS, ADMINISTRATED FROM BULGARIA, HAVE BEEN CLOSED
CONCRETE RESULTS FOR 2008 Ø 35 SPECIALIZED POLICE OPERATIONS HAVE BEEN REALISED Ø THE SECTION HAS PARTICIPATED IN 5 INTERNATIONAL POLICE OPERATIONS Ø 60 INVESTIGATIONS AND 9 INVESTIGATION INQUIRIES HAVE BEEN INITIATED Ø 20 POLICE OPERATIONS CONCERNIG COPYRIGHT CRIMES HAVE BEEN REALISED AND IN THE COURSE OF THE OPERATIONS HAVE BEEN SEIZED 100 computer servers, 34 FTPs with capacity over 45 TB (with music, movies and software) and 1263 items with foreign trade mark
TENDENCIES HIGH TECHNOLOGIES BECOME MORE POPULAR IN EVERYDAY LIFE IN BULGARIA Ø THE NUMBER OF CYBER CRIMES HAS INCREASED /MOSTLY COMPUTER FRAUDS AND CRIMES AGAINST INTELECTUAL PROPERTY /COPYRIGHT As a result during the last 3 years Bulgaria is out of the “list of monitoring” of the American trade representative
THANK YOU FOR YOUR ATTENTION ! Inspector Asia Varcheva DIRECTORATE ”COUNTER ORGANISED AND SERIOUS CRIME” REPUBLIC BULGARIA MINISTRY OF INTERIOR ü tel. : +3592/982 8493 ü fax: +3592/866 53 03 ü e-mail: avarcheva@cybercrime. bg Rosen Draganov Legal Affairs, International Rights Enforcement and Disputes PATENT OFFICE OF THE REPUBLIC OF BULGARIA ü tel. : +3592/9701 414 ü fax: +3592/8735 258 ü e-mail: rdraganov@bpo. bg
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