 
  WORLD TRADE  
ORGANIZATION  IP/N/6/BGR/1/Add.1 
31 March 2004 
 
 (04-1441) 
Council for Trade-Related Aspects  
of Intellectual Property Rights Original:   English 
 
 
 
CHECKLIST OF ISSUES ON ENFORCEMENT1 
 
Responses from the Republic of Bulgaria to Questions 15 to 192 
 
Addendum  
  
Special Requirements Related to Border Measures
 
 
15. Indicate for which goods it is possible to apply for the suspension by the customs 
authorities of the release into free circulati on, in particular whether these procedures 
are available also in respect of goods which involve infringements of intellectual 
property rights other than counterfeit trademark or pirated copyright goods as defined in the TRIPS Agreement (footnote to Article 51).  Specify, together with relevant 
criteria, any imports excluded from the app lication of such procedures (such as goods 
from another member of a customs union, goods in transit or de minimis imports).  Do 
the procedures apply to imports of goods put on the market in another country by or 
with the consent of the right holder and to goods destined for exportation?  
  Special provisions for border measures are envisag ed in Chapter XII "A" of the Copyright and 
Neighbouring Rights Act;  Chapter V Section III of the Law on Marks and Geographical Indications 
and Chapter VI of the Law on Industrial Designs.  The rules and the procedure for application of 
border measures are provided in the Regulation on Border Measures for Protection of Intellectual Property Rights (adopted by Regulation No. 249 of  the Council of Ministers of 27 November 2000, 
published in State Gazette No. 98/2000, in force as of 4 December 2000). 
  Under the provisions of the Regulation, it is possible to apply for the suspension of the release 
of goods carried across the State border provided that  there are valid grounds for suspecting that they 
infringe intellectual property rights.  The procedures are available in respect of goods that involve 
infringement of copyright, neighbouring rights a nd rights on marks, but also of geographical 
indications and industrial designs. These procedures are applicable to goods destined for importation 
and exportation, including temporary imports and exports.   Border measures do not apply to goods in transit, de minimis  imports (for non-commercial 
and non-production use) and perishable goods. 
 
 The procedures apply to imports of goods put on the market in another country by or with the 
consent of the right holder. 
                                                     
 
1 Document IP/C/5. 
 
2 Responses to Questions 15 to 19 of the Checklist in relation to special requirements related to border 
measures are being provided below, in addition to th e responses to Questions 1 to 14 and 20 to 25 of the 
Checklist which have been distributed in document IP/N/6/BGR/1.  IP/N/6/BGR/1/Add.1 
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   16. Provide a description of the main elements of the procedures relating to the suspension 
of the release of goods by customs authoriti es, in particular the competent authorities 
(Article 51), the requirements for an applic ation (Article 52) and various requirements 
related to the duration of suspension (Article 55).  How have Articles 53 (security or 
equivalent assurance), 56 (indemnification of the importer and of the owner of the 
goods) and 57 (right of inspection and information) been implemented?   
 
 Competent Authorities
 
  Customs authorities take actions for suspension of the release of the goods on the basis of 
written application lodged with the Central Customs Directorate. 
  Requirements for the Application
 
  The persons entitled to lodge applications are: the holder of the copyright and/or neighbouring 
rights; the person to whom exclusive user right h as been granted; the person entitled to the protection 
of registered mark, geographical indication or indus trial design, as well as the user entered into the 
Register at the Patent Office of the Republic of Bulgaria.   The application contains the following: 
 
 - request for detention by the customs authorities of the goods concerned;   - detailed description of the goods;   - specification of the nature of the infringement; 
 
 - requested duration of the period for keeping the goods under surveillance (not 
exceeding one year); 
  - proofs that the applicant is the right holder; 
 
 - the name, address, headquarters, telephone and fax of the applicant (in cases where 
the place of residence or the registered offi ce of the applicant is outside the country, 
the applicant shall specify a judicial addr ess within the territory of the Republic of 
Bulgaria); 
 
 - document that the fee for application of border measures has been paid. 
  The applicant may also provide the following information, if available: 
  - the name and address or registered office of the consignee; 
 
 - the country of origin of the goods;   - the means of transport used and the name of the carrier;   - the expected date and place of arrival or departure of the goods at the border; 
  IP/N/6/BGR/1/Add.1 
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  - the tariff code under which the goods are classified in the Customs Tariff of the 
Republic of Bulgaria; 
  - any samples, photos and models of the goods;  
 - information for the authorized  traders of the original goods. 
  The Central Customs Directorate takes a decision on the merits concerning the application and communicates in writing the applicant within 7 days from the lodging of the application.  Where 
one or more of the requirements for the applicati on has not been met the Central Customs Directorate 
gives the applicant 3 days to complete the requirement s.  If the deficiencies are not eliminated in due 
term the Central Customs Directorate refuses to accept  the application.  The refusal is presented in 
writing and is motivated. The refusal is subject to an appeal under the provisions of the Administrative Procedures Act.  
 Duration of Suspension
 
  On the basis of the accepted application, cust oms authorities detain the goods for a period not 
exceeding 10 working days from the communication to the applicant for the detention of the goods.  
This period may be prolonged once by a maximum of 10 working days by the director of the relevant 
customs office, where the goods are detained, upon a motivated request from the applicant, provided 
that there is evidence that legal proceeding has been initiated before  the court in order to take a 
substantive decision on the statement of the fact  of the infringement and a request for security 
measures under the Civil Procedures Code has been made.   The customs authorities release the detained goods  provided that on the expiry of the set time 
limit the applicant has not requested a new time li mit for suspension of the goods or his application 
has not been accepted by the customs authorities. In  such cases the applicant covers the expenses for 
the suspension of the release of the goods made by customs authorities to the date of lodging of the 
application.   Security or Equivalent Assurance and Indemnification of the Importer and of the Owner of 
the Goods  
  Under the provisions of Artic le 96 (c) paragraph 2 of the Copyright and Neighbouring Rights 
Act customs authorities determine for the applicant a guarantee in money or prop erty in order to cover 
his liability in case the suspension turns out to be  groundless. If after the lodging of the application 
and the detention of the goods legal proceeding h as not been initiated before the court or the 
suspension turns out to be groundless the importer, th e consignee and the owner of the goods have the 
right of compensation for the injury  caused.  In all other cases the inju red party has the right to claim 
damages under the general civil legal procedure.   The provisions of Article 53 of the TRIPS Agreement are introduced in the Regulation 
through its Articles 5 and 6. Under the mentioned provisions the applicant is obliged to present a court 
decision for imposition of security measure in accord ance with Article 309 of the Civil Procedures 
Code.  In order to accept the security measure (in th is case it will be the detention of the goods until 
the decision on the merits of the case has been take n), the court requires the applicant to provide a 
guarantee serving as indemnification to the person agai nst whom actions have been taken, in case the 
applicant has not been acting in good faith. 
 IP/N/6/BGR/1/Add.1 
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  Rights of Inspection and Information 
 
  In accordance with Article 4 of the Regulati on customs authorities immediately inform the 
applicant for the detention of the goods, the name a nd the address or the headquarters of the consignee 
or the consignor of the goods.  They also inform the consignee and/or the consignor of the goods via 
the carrier or their representatives for the detention of the goods, the grounds for the detention and the 
name and the address of the applicant.  The appli cant, the consignee and the consignor of the goods 
have the right to inspect the goods and to receive samples. 
 
17. Describe provisions governing the length a nd cost of proceedings.  Provide any available 
data on the actual duration of  proceedings and their cost.  How long is the validity of 
decisions by the competent authorities for the suspension of the release of goods into free 
circulation? 
 
 According to Article 2.1 (7) of the Regulation a fee for processing the application for detention of the goods by the customs authorities is  payable by the applicant. Tariff specifying the 
amount of the fee is to be adopted by the Council of Ministers.   The decision of the Central Customs Director ate for accepting the application for keeping the 
goods conerned under surveillance is valid for no more than one year and it is renewable upon 
request. 
 
 The duration of the legal proceedings and the expenses related to it, including the amount of 
the security depend in every particular case on the instance to which the parties appeal. 
  The Regulation on Border Measures for the Pr otection of Intellectual Property Rights is in 
force as of December 2000. Due to the short period of implementation there is no available 
information reffering the length and cost of the legal proceedings. 
 
18. Are competent authorities required to act upon their own initiative and, if so, in what 
circumstances?  Are there any special provisions applicable to ex officio  action? 
  The customs authorities may take actions ex officio  or upon a request from another 
government body for detention of goods for which ther e is valid grounds to suspect that they infringe 
intellectual property rights. The decision for deten tion of the goods is subject to appeal under the 
provisions of the Administrative Procedures Act. Customs authorities immediately inform the right 
holder, the consignor and the consignee for the de tention and allow them to examine the goods. They 
may seek from the right holder any information that may assist them in expertising the goods.  The 
detention of the goods is for a maximum of 10 work ing days. If within the time limit the applicant 
fails to provide evidences that legal proceeding has b een initiated before the court in order to take a 
substantive decision on the statement of the fact of  the infringement or a court decision on imposition 
of security measures under the Civil Procedures Code , customs authorities release the detained goods 
in case all customs requirements for the importation or  the exportation are completed. The same rules 
apply as in the general case of detention on a written application. 
  Customs authorities are exempted from liability for their actions taken in good faith referring to the detention of the goods.  
 19. Describe the remedies that the competent authorities have the authority to order and 
any criteria regulating their use.   
 
 Customs authorities have the right, upon an application of the right holder or on their own initiative, to suspend the release of goods in to free circulation as a remedy measure.   IP/N/6/BGR/1/Add.1 
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 Without prejudice to other rights of action in disposition to the right holder and subject to the right of the defendant to seek review by a judicial authority, under the general civil legal procedure 
the court has the authority to order the seizure (deprivation) and destruction of the infringing goods, as 
well as to impose a fine in the amount of 200 to 2000 BGL
∗ in case of infringement of copyright or 
neighbouring rights, and from 500 to 5000 BGL for infringement of marks, geographical indications 
and industrial designs (Article 95 of the Copy right and Neighbouring Rights Act; Articles 76 and 81 
of the Law on Marks and Geographical Indicati ons; Articles 57 and 65 of the Law on Industrial 
Designs).  
__________ 
 
 
                                                     
 
∗ 1 lev (BGL) = 1 German mark (DM). 