What a Bulgarian industrial design is, as stipulated by the Bulgarian Industrial Design Law, is the visible outer appearance of a product or part of it determined by the peculiarities of the form, the lines, the depiction, the ornaments, the colour blend or a combination thereof. Additionally, the definition of a product, again as prescribed by the law, is any article obtained in industrial or craft way, including parts designated for assembly in a composite article, sets or composition of articles, packing, graphic symbols and printed fonts except software.
The registrability criteria of BG design are novelty and originality.
Bulgarian industrial design’s novelty is considered on a global level. Therefore, BG industrial design is considered new if before the date of filing the BG design application, respectively before the date of priority, another identical design is not known to have become accessible through publications, registrations or announcement in any other way wherever in the world. The designs shall be considered identical if their peculiarities differ only in insignificant elements.
The other criteria for registration, namely originality, is considered to be present if the overall impression the BG design creates for the informed user differs from the overall impression created by a design that has become publicly accessible before the date of filing of the application for BG design registration, or when a priority is claimed before the date of priority.
The industrial design is always registered with respect to the products where it is included or to which the design has been applied.
WHAT RIGHTS ARE ATTESTED TO THE OWNER OF A REGISTERED BULGARIAN INDUSTRIAL DESIGN?
The right to a Bulgarian Industrial Design Registration has the person or entity that firstly filed the application for Bulgarian (BG) Design Registration with BPO.
The right acquired to the owner of the registered BG design is an exclusive right to use it and to prevent any unauthorized use by others in the course of trade. Practically, the use in the course of trade that could be prevented may encompass: the production, the offering and the exhibiting on the market or the use of a product in which is included or to which has been attached design of the scope of protection as well as import, export or preservation of the same product for these purposes.
The legal scope of protection shall be determined by the image, respectively the images of the registered design and shall cover every design that does not produce on the informed user a different overall impression.