site.btaTrademarks and Geographical Indications Act Amended Conclusively

Parliament Friday passed conclusively amendments to the Trademarks and Geographical Indications Act which provide for measures to implement Regulation (EU) 2023/2411 on the protection of geographical indications for craft and industrial products.

The Patent Office of the Republic of Bulgaria is designated as the competent authority and will be supported by a standing interdepartmental advisory committee.

The Patent Office will keep registers of geographical indications granted temporary national protection and their applicants, of producers with issued or renewed certificates for the use of a geographical indication, of product certification bodies or natural persons with delegated control tasks, as well as of persons granted a transitional period.

Similarly to the registration of geographical indications, cancellation procedures are structured into a national phase and a Union phase.

The bill introduces two types of control: self-declaration from the producer and monitoring of the use of geographical indications in the market.

The law provides for penalties aimed at deterring possible fraudulent practices by producers of products designated by a geographical indication, and persons from infringing geographical indications. Any information related to the advertising, promotion and sale of products to which persons established in the EU have access that contravenes the protection of geographical indications will be considered illegal content and will be removed.

Fees will be charged to cover the costs of the national phase of the procedures for registration, cancellation and control. Fees for applications and expert examinations related to geographical indications will be paid at 50% of the applicable amount if the applicants are natural persons, micro, small or medium-sized enterprises.

The law provides for the termination of proceedings for the registration and recording of users of geographical indications for craft and industrial products, for which no decision has entered into force by December 2, 2026.