site.btaMPs Approve on First Reading Amendments to Trademarks and Geographical Indications Act

MPs on Thursday approved at first reading amendments to the Trademarks and Geographical Indications Act with 109 votes in favour, 28 against and six abstentions. The bill was introduced by the Council of Ministers.

The bill introduces measures to implement Regulation (EU) 2023/2411 and establishes harmonized, uniform legal protection for geographical indications for craft and industrial products. It designates the competent authority for Bulgaria in relation to geographical indications for craft and industrial products and regulates the national stage of the procedures for their registration, amendments to specifications and deletion, as well as control and enforcement activities. The maintenance of a file, on paper or in electronic form, for geographical indications for craft and industrial products and their applicants is also regulated; the file is to contain all information related to the national procedures for registration, deletion or amendment of the specification.

The Patent Office of the Republic of Bulgaria is designated as the competent authority and will be assisted by a standing inter-agency advisory commission comprising representatives of state bodies and public-law organisations. The Patent Office will maintain registers of geographical indications granted temporary national protection and their applicants; of producers issued with or renewing certificates for use of a geographical indication; of product certification bodies or natural persons authorised to perform delegated control tasks; and of persons granted a transitional period.

As with the registration of a geographical indication, deletion proceedings are divided into two stages - a national stage and a European Union-level stage - following analogous procedures.

With regard to control, the bill proposes the use of personal declarations of compliance with the requirements of the relevant specification and monitoring of the use of the geographical indication on the market, including in e-commerce.

Penalties are provided in order to prevent potential fraudulent behaviour by producers of products with geographical indications or to deter infringements of rights in a geographical indication by any other person.

In connection with the national procedures for registration, deletion and control, the payment of fees is envisaged to cover the administrative costs of managing the system for geographical indications for craft and industrial products.

As the Regulation establishes an EU legal framework for the protection of geographical indications for craft and industrial products that is to replace the national one, the bill provides for the termination of proceedings on applications for the registration and entry of users of geographical indications for craft and industrial products where no final decision has entered into force by December 2, 2026.