VZCZCXYZ0001
RR RUEHWEB

DE RUEHSF #0090/01 0231013
ZNR UUUUU ZZH
R 231013Z JAN 06
FM AMEMBASSY SOFIA
TO RUEHC/SECSTATE WASHDC 1193
INFO RUCPDOC/DEPT OF COMMERCE WASHINGTON DC
RUCPCIM/CIMS NTDB WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHINGTON DC

UNCLAS SOFIA 000090 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR EB/IFD/OIA AND USTR 
TREASURY FOR OASIA 
USDOC FOR 4232/ITA/MAC/EUR/OEERIS/SSAVICH 
 
E.O. 12958:  N/A 
TAGS: EINV EFIN ELAB ETRD KTDB OPIC USTR BU
SUBJECT: BULGARIA 2006 INVESTMENT CLIMATE STATEMENT. 
PART 1 OF 2 
 
Ref:  05 STATE 202943 
 
¶1.  Bulgaria - 2006 Investment Climate Statement. 
 
¶A. OPENNESS TO FOREIGN INVESTMENT 
 
Bulgaria has a liberal foreign investment regime and 
attracting foreign investment, especially American, is 
one of the new administration's top priorities.  The 
government is focused on developing promising sectors 
of the economy for foreign investment, including 
energy, tourism, information technology, 
transportation, telecommunications, agriculture and 
consumer goods (food & beverage and healthcare). 
Bulgaria provides considerable incentives for job 
creation.  Many municipalities are prepared to grant 
concessions or other favorable treatment for 
significant investments.  Bulgaria has a well-educated 
workforce, low labor costs, and its geographic position 
places it at the crossroads of Europe, the Middle East, 
and the CIS.  Bulgaria joined NATO in April 2004 and 
completed EU accession negotiations in June 2004.  The 
EU Accession Treaty was signed on April 25, 2005, 
allowing Bulgaria to join in 2007, but a "safeguard 
clause" could allow the EU to delay Bulgaria's entry by 
a year. 
 
Investment Trends and Policies 
------------------------------ 
 
Despite the many problems that remain in Bulgaria, the 
country is heading in the right direction -- in large 
part due to the EU Accession process, which is the 
government's number one priority.  The pace of EU 
reforms suffered during the summer due to protracted 
negotiations over forming a new government, but the 
coalition has been working overtime to pass EU-related 
legislation. 
 
The new Socialist-led government recognizes that 
foreign investment is essential to the future of 
Bulgaria and has sought ways to reassure investors of 
its prudent economic policies.  Prime Minister 
Stanishev, who could not deliver on many of his party's 
generous election promises, has placed a special 
emphasis on maintaining the key elements of the 
previous government's economic policy, which hinge on 
adhering to the Currency Board Arrangement and 
conservative fiscal policy. 
 
Bulgaria's relations with the International Monetary 
Fund (IMF) are good, and are often described as a 
success story.  The precautionary Stand-by Arrangement, 
which was negotiated in July 2004, expires in September 
2006 and is designed to be phased out shortly before 
Bulgaria joins the EU. 
 
Continuing economic progress and political stability 
have enhanced Bulgaria's ability to attract respected 
international investors.  The Bulgaria Investment 
Agency (BIA) estimates FDI of USD 2.6 billion for 2005 
thanks to the expansion of existing foreign investment 
as well as the higher number of green-field investment 
projects.  New foreign direct investment (FDI) in the 
period of January through October 2005 increased by 
five percent--to USD 1.730 billion--despite the 
election related halt in the privatization process. 
 
With more than 10 first class investment certificates 
under the investment promotion framework, BIA 
recognizes 2005 as "the year of green-field investment 
projects."  It is a positive sign that the new 
Socialist government finalized on December 7, 2005, the 
agreement with the U.S. company AES to construct the 
Maritsa East 1 (ME1) project, a new 670 MW lignite 
based power plant.  With a total value of USD 1.4 
billion, the project represents the biggest ever green- 
field investment in Bulgaria and largest green-field 
investment in Southeast Europe for 2005. 
 
The Investment Promotion Act stipulates equal treatment 
of foreign and domestic investors.   Bulgaria's 
investment promotion framework creates conditions for 
improved administrative services and includes an 
investment incentive package.  The law encourages 
implementation of investment projects over a period of 
 
up to three years.  The law explicitly recognizes 
intellectual property and securities as a foreign 
investment. 
 
Two leading international rating agencies assigned 
first ever investment grade to Bulgaria in 2004, 
reflecting the country's positive economic prospects 
and prudent fiscal policies.  In 2005, the two rating 
agencies upgraded Bulgaria's rating due to falling 
public debt, continued fiscal prudence and the upcoming 
EU accession. 
 
Common Forms of Investment 
-------------------------- 
The most common type of organization for foreign 
investors is a limited liability company.  Other 
typical forms are joint stock companies, joint 
enterprises, business associations, general and limited 
partnerships, and sole proprietorships. 
 
The main controlling bodies of law are: the 1991 
Commercial Code, which regulates commercial and company 
law, including the creation and rights of legal 
entities, and the 1951 Law on Obligations and 
Contracts, which regulates civil transactions.  These 
laws are deemed generally adequate and neither limits 
foreign participation in legal entities. 
 
The 2003 Law on Special Purpose Investment Companies 
allows for public investment companies (SPIC) in real 
estate and receivables.  Since a SPIC is considered a 
pass-through structure, at least 90 percent of its net 
income must be distributed to shareholders, who are 
taxed on the dividends received.  Prospective U.S. 
investors should consult appropriate legal counsel for 
up-to-date legal information and conduct due diligence 
before making any obligations. 
 
Investment Barriers 
------------------- 
 
Among the problems encountered by foreign investors in 
Bulgaria are: government bureaucracy; poor 
infrastructure; frequent changes in the legal 
framework; low domestic purchasing power; a protracted 
privatization process; poor health care and 
corruption.  In addition, a weak judicial system limits 
investor confidence in the courts' ability to enforce 
ownership and shareholders rights, contracts, and 
intellectual property rights. 
 
The constitutional prohibition against direct ownership 
of land by foreign persons remains in force, however, 
there are no restrictions against acquisition of land 
by locally registered companies with majority foreign 
participation, and creation of such a company is a 
relatively simple process.  Once Bulgaria joins the EU, 
all EU citizens and entities will be allowed to acquire 
property; all other foreigners must continue to form a 
local corporation. 
 
Privatization 
------------- 
The Privatization Agency (PA) administers the 
privatization of all state-owned companies.  Foreign 
companies, including state-owned ones, may purchase 
Bulgarian state-owned firms.  The government's stated 
privatization goals are to have transparent, quick, and 
effective privatization procedures, providing for equal 
treatment of all investors.  The program is intended to 
make the economy more efficient by divesting state- 
owned enterprises and to cover the current account 
deficit with privatization revenues. 
 
The failure to complete a single major privatization 
transaction in 2005, however, underscores the 
government's inability to attract respected foreign 
investors though privatization and to finalize already 
negotiated deals.  The ambitious 2005 privatization 
program envisioned the sale of the remaining 46 state- 
owned enterprises (SOEs) for the equivalent of USD 300 
million, including the Navigation Maritime Bulgare, the 
national carrier (Bulgaria Air), Boyana Film Studio, 
the three thermal power-plants, the tobacco monopoly 
and some arm dealers. 
The Post-privatization Control Agency, which oversees 
the implementation of privatization contracts, attempts 
to ensure that non-price privatization commitments 
(employee retention, technology transfer, environmental 
liability and investment). 
 
Concessions 
----------- 
Under the 1995 Law on Concessions, the state is 
authorized, on the basis of a concession agreement, to 
grant private investors a partial monopoly in 
activities in thirteen sectors normally reserved for 
the central and/or local governments.  These include 
the construction of roads, ports and airports, power 
generation and transmission, mining, petroleum 
exploration/drilling, telecommunications, forests and 
parks, beaches, and nuclear installations.  In order to 
streamline the concession procedure, the government 
launched a National Concessions Register at the end of 
¶2005.  The register is in line with the EU 
requirements, and provides detailed information about 
the projects, including concessionaire's duties and 
responsibilities in implementing the contract. 
 
Concessions are awarded on the basis of a tender and 
are issued for up to 35 years.  They can be extended, 
but shall not exceed 50 years in total.  In a new 
tender, however, the original concession holder can 
again be granted the concession under certain 
circumstances.  The Concessions Law permits "build- 
operate-transfer" deals, giving priority for mineral 
exploitation to the holders of exploration licenses, 
and reconciles conflicting procedures for privatization 
and concession.  Since 1998, Parliament has passed 
legislation granting concessions in telecommunications, 
energy, mining, waters, ports, airports, roads, and 
railways. 
 
¶B. CONVERSION AND TRANSFER POLICIES 
 
Bulgaria replaced much of its outdated and fragmented 
foreign currency legislation in 1999 and liberalized 
current international transactions in accordance with 
IMF Article VIII obligations.  Under 2003 amendments to 
the 1999 Foreign Currency Act anyone may take up to BGN 
25,000 or its foreign exchange equivalent out of the 
country without documentation.  However, the export of 
between BGN 8,000 and BGN 25,000 or its foreign 
exchange equivalent must be declared at customs. 
Export of amounts larger than BGN 25,000 must be 
accompanied by a declaration about the source of these 
funds and supported by documents certifying that the 
person does not owe taxes.  No tax certificate is 
required for foreigners exporting the cash equivalent 
of BGN 25,000 or greater provided the amount is equal 
to the amount declared (or less) when imported.  The 
import of more than BGN 8,000 or its foreign exchange 
equivalent must be declared at customs. 
 
The law also stipulates that payments abroad may be 
executed only through bank transfers.  Transfers over 
BGN 25,000 for current international payments (imports 
of goods and services, transportation, interest and 
principal payments, insurance, training, medical 
treatment, and other purposes defined in Bulgarian 
regulations) must be supported by documentation showing 
the need and purpose of such payments. 
 
¶C.  EXPROPRIATION AND COMPENSATION 
 
According to Article 17 of the Bulgarian Constitution, 
private real property is protected by law.  Depending 
upon the purpose, expropriation actions may be 
undertaken by the Council of Ministers or the regional 
Governor, provided that the owner is adequately 
compensated.  Owners must be compensated in kind with 
nearby property of equal value at current prices. 
Monetary compensation is also permitted with the 
consent of the property's owner.  Expropriation actions 
can be appealed directly to the Supreme Court on the 
basis of the expropriation action, the property 
appraisal, or the method of compensation.  In its 
Bilateral Investment Treaty (BIT) with the U.S., 
Bulgaria committed itself to international arbitration 
in the event of expropriation and other investment 
disputes. 
 
¶D.  DISPUTE SETTLEMENT 
 
The Judicial System 
------------------- 
Bulgaria's 1991 Constitution serves as the foundation 
of the legal system and creates an independent judicial 
branch.  In 2002, the Bulgarian Parliament passed a 
series of amendments to the Judicial Systems Act aimed 
at improving the quality of the judiciary, increasing 
the efficacy of the court system, and preventing 
corruption in the justice system.  The Constitutional 
Court declared most of the amendments unconstitutional 
in December 2002.  As a result, judicial reform in 
Bulgaria has been delayed and many key issues remain 
unaddressed. 
 
Further constitutional changes, passed in 2003, limited 
the immunity of the magistrates, extended the period 
for getting tenure, and introduced a 5-year term in 
office for judicial heads.  The March 2004 amendments 
to the Judicial Systems Act were intended to increase 
further the efficiency of the court system and help 
prevent judicial corruption.  Nonetheless, corruption 
remains a serious problem. Other problems include lack 
of transparent and neutral standards for assigning 
cases, poor coordination between magistrates, 
corruption, and cumbersome procedures. 
 
There are three levels of courts.  117 regional courts 
exercise jurisdiction over administrative, civil, and 
criminal cases.  Above them, 29 district courts 
(including the Sofia City Court) have original 
jurisdiction in civil cases where claims exceed 10,000 
leva, in serious criminal cases, and in other cases as 
provided by law.  The district courts are also courts 
of appellate review for regional court decisions.  The 
five appellate courts may review the decisions of the 
district courts. On the highest level are the Supreme 
Court of Cassation and the Supreme Administrative 
Court.  On issues of law, the Supreme Court of 
Cassation has appellate jurisdiction over all civil 
cases involving claims over 5,000 leva and criminal 
cases.  The Supreme Administrative Court rules on the 
legality of acts by the state administration including 
Council of Ministers and the ministries.  The Supreme 
Courts hear cases in three-judge panels, whose 
decisions may be appealed to a five-judge panel of the 
same court.  Decisions by the five-judge panels are 
final and binding. 
 
The Constitutional Court is not integrated into the 
rest of the judiciary.  It issues final interpretations 
of the constitution, rules on constitutional challenges 
to laws and acts, rules on international agreements 
prior to Parliamentary ratification, and reviews 
domestic laws to determine their consistency with 
international legal norms.  While the Constitutional 
court does not rule ex officio, 1/5 of the MPs (48), 
the President, the Government, the Chief Prosecutor and 
the two Supreme courts can refer matters to it for 
review. 
 
Bulgarian law provides for jurors only in criminal 
cases.  Under Bulgarian procedural law, first-instance 
civil cases are brought before one judge in the 
regional or the district court, depending on the case. 
Administrative sanctions may be appealed to the 
regional courts and one judge reviews such appeals. 
Administrative acts are subject to administrative and 
court appeal. 
 
Execution of Judgments 
---------------------- 
To execute judgments, a final ruling must be obtained 
so that the court can order money damages (which then 
requires further complicated procedures by the payee) 
or an equitable remedy.  The court of first instance 
must be petitioned for a writ of execution (based on 
the judgment), which enables seizure of assets.  If the 
party is seeking a remedy in equity, the final judgment 
must be brought before an executive judge.  In 2002, a 
number of amendments were made to the Code of Civil 
Procedure to close loopholes, shorten deadlines, and 
clarify certain provisions.  In practice, Bulgarian and 
foreign observers caution that the execution of 
 
judgments remained slow and unpredictable and was prone 
to corruption and inefficiency in the judicial system. 
 
In a continuing effort to address the execution 
problems, the Bulgarian Parliament passed the Private 
Enforcement Agents Act in 2005.  The new law introduces 
the profession of private enforcement agents to whom 
the state delegates the collection of enforceable 
claims. The law also provides a series of guarantees 
that the private enforcement agents' performance will 
be closely supervised.  This important development was 
also recognized by the European Commission's 2005 
Comprehensive Monitoring Report, which noted that the 
new law "should help improving the functioning of the 
judicial system and in particular the conditions for 
contract enforcement." 
 
Foreign judgments can be executed in Bulgaria. 
Execution depends on reciprocity, as well as bilateral 
or multilateral agreements, as determined by an 
official list maintained by the Ministry of Justice. 
The U.S. does not currently have reciprocity with 
Bulgaria, so Bulgarian courts are not obliged to honor 
decisions of U.S. courts.  All foreign judgments are 
handled by the Sofia City Court, which must determine 
that the judgment does not violate public decrees, 
standards, or morals before it can be executed.  There 
are also cases defined by the Civil Procedure Code 
(certain real estate issues and Bulgarian precedents), 
in which judgments cannot be executed even if they 
conform to Bulgarian laws and morals. 
 
Bankruptcy 
---------- 
The 1994 Law on Bankruptcy provides for reorganization 
or rehabilitation of a legal entity, attempts to 
maximize asset recovery, and provides for fair and 
equal distribution among all creditors.  The law 
applies to all commercial entities, except public 
monopolies or state-owned companies established by a 
special law.  Bank bankruptcies are regulated under the 
Bank Bankruptcy Act, while insurance company failures 
are regulated by the 1996 Insurance Act. 
 
Under Part IV of the Commercial Code, the debtor or 
creditors can initiate bankruptcy proceedings.  The 
debtor must declare bankruptcy within 15 days of 
becoming insolvent.  Once insolvency is determined, the 
court appoints an interim trustee to represent and 
manage the company, take inventory of property and 
assets, identify and convene the creditors, and develop 
a recovery plan.  At the first meeting of the creditors 
a trustee is nominated; usually this is just a 
reaffirmation of the court appointed trustee. 
 
Non-performance of a money obligation must be 
adjudicated (res judicata) before the bankruptcy court 
can determine whether the debtor is insolvent. 
Additionally, amendments passed in 2003 add a 
presumption of insolvency when the debtor has not 
performed an obligation within 60 days of maturity or 
when the debtor can only pay the claims of certain 
creditors. 
 
Creditors must declare all debts owed to them within 
one month of the start of bankruptcy proceedings.  The 
trustee then has seven days to compile a list of 
debts.  A rehabilitation plan or a scheme of 
distribution (in cases of liquidation) must be proposed 
no later than the date on which the court approves the 
list of debts.  The court must rule on approval of the 
plan within seven days. 
 
The lack of trained trustees has been a problem in the 
past.  The 2003 amendments provided for examinations 
for individuals applying to become trustees, but 
implementation of this requirement is contingent on the 
adoption by several ministries of a special 
regulation.  The amendments also provide for annual 
training courses for trustees. 
 
The methods of liquidating assets were also revised by 
the June 2003 amendments.  The main objective was to 
establish a legal framework for selling assets that 
accounts for the character of bankruptcy proceedings, 
thus avoiding the need to apply the Civil Procedure 
Code.  The new regime includes rules requiring a 
greater degree of publicity for asset sales.  The 
amendments limited the rights to appeal judicial 
decisions made during bankruptcy proceedings. 
 
International Arbitration 
------------------------- 
 
Pursuant to its Bilateral Investment Treaty (BIT) with 
the United States, Bulgaria has committed to a range of 
dispute settlement procedures starting with 
notification and consultations. Bulgaria accepts 
binding international arbitration in disputes with 
foreign investors. 
 
There are opportunities for international arbitration 
in Bulgaria.  The Code of Civil Procedure mandates that 
a foreign court of arbitration is possible only if at 
least one of the parties has its seat or residence 
abroad. As a result, foreign-owned, Bulgarian- 
registered companies having a dispute with a Bulgarian 
entity can only have arbitration in Bulgaria. However, 
under the Law on International Commercial Arbitration, 
the arbitrator himself could be a foreign person. Under 
the same act, the parties can agree on the language to 
be used in the arbitration proceedings. The major and 
most experienced arbitration institution is the 
Arbitration Court of the Bulgarian Chamber of Commerce 
and Industry (BCCI). 
 
Not all disputes, however, may be resolved through 
arbitration. Disputes regarding rights over real estate 
properties in the country or labor disputes can only be 
heard by the courts. Additionally, Bulgarian courts 
have exclusive competence over industrial property 
disputes regarding patents issued in Bulgaria. 
 
Bulgaria is a party to the Convention on the 
Recognition and Enforcement of Foreign Arbitral Awards 
(the New York Convention), which facilitates 
enforcement of foreign arbitral awards, and is a member 
of the 1961 European Convention on International 
Commercial Arbitration. However, having gone through 
the enforcement proceedings before the Bulgarian 
courts, the creditor needs then to execute the award 
using the general framework for execution of judgments 
in the country, which is inefficient. Bulgaria is also 
a signatory of the International Center for Settlement 
of Investment Disputes (ICSID) convention and the 
Convention on the Settlement of Investment Disputes 
Between States and Nationals of Other States. 
 
Mediation 
--------- 
 
Businesses wishing to use mediation to solve their 
disputes in Bulgaria may find it hard to select 
experienced mediators. This service has just started to 
develop in the country following the adoption at the 
end of 2004 of the Mediation Act. BCCI and the American 
Chamber of Commerce (AmCham) responded promptly by 
opening commercial mediation centers. The mediators at 
these centers have been trained with US assistance but 
at this point lack sufficient experience to be able to 
provide high quality mediation services. 
 
¶E.  PERFORMANCE REQUIREMENTS/INCENTIVES 
 
Bulgaria does not impose export performance or local 
content requirements as a condition for establishing, 
maintaining, or increasing an investment.  The law does 
not specifically restrict hiring of expatriate 
personnel, but residence permits are often difficult to 
obtain.  A June 1999 law regulating gambling imposes 
license requirements on foreigners organizing games of 
chance. 
 
The Bulgaria Investment Agency (BIA) 
(www.investbg.government.bg), the government's 
coordinating body for investment, provides information 
services, individual administrative services and 
assessment of qualification to receive investment 
incentives.  First-class investments (investments over 
70 million BGN, about USD 44 million) are deemed to be 
priority investment projects.  At the request of 
investors receiving first-class investment 
 
certificates, BIA can recommend that the competent 
authorities grant them free real estate (either state 
or municipal property).  For first-class investments, 
the Council of Ministers may provide state financing 
for critical infrastructure deemed necessary for the 
investment plan's implementation.  Additionally, BIA 
represents first and second-class investors 
(investments of USD 25-44 million) before all central 
and territorial executive authorities and the local 
self-government authorities, and processes all 
administrative documents.  Third-class investors 
(investments of USD 6-25 million) receive customized 
information services. 
 
The government policy for promotion of investment is 
not applicable to banks and other financial 
institutions, insurance companies, investment 
companies, companies with special investment purpose, 
pension and health insurance companies, gambling 
companies, or investments made pursuant to the 
Privatization Law. 
 
The GOB introduced in 2003 tax incentives for 
investments in regions with high unemployment.  VAT 
exemption on imports for investment projects over 10 
million BGN (about USD 6.25 million), to be implemented 
over a two-year period, was introduced in 2004. 
 
¶F.  RIGHT TO PRIVATE OWNERSHIP/ESTABLISHMENT 
 
The Constitution states that the Bulgarian economy 
"shall be based on free economic initiative."  Private 
entities can establish and own business enterprises 
engaging in any profit-making activities, unless 
expressly prohibited by law.  Bulgaria's Commercial 
Code guarantees and regulates the free establishment, 
acquisition, and disposition of private business 
enterprises.  Competitive equality is the standard 
applied to private enterprises in competition with 
public enterprises with respect to access to markets, 
credit, and other business operations, such as licenses 
and supplies. 
 
¶G.  PROTECTION OF PROPERTY RIGHTS 
 
Bulgarian law protects the acquisition and disposition 
of property rights.  In practice, the protection of 
property rights is subject to difficulties of varying 
degrees.  Although Bulgarian IPR legislation is 
generally adequate, with modern patent and copyright 
laws and criminal penalties for copyright infringement, 
industry representatives believe effective IPR 
protection requires improvements to the legislation, 
including to the Optical Disc Media (ODM) Legislation, 
the Penal Code and the Penal Procedure Code. 
Additionally, the government still lacks sufficient 
institutional capacity, coordination, and the political 
will to address effectively major enforcement problems, 
especially in combating and prosecuting organized crime 
groups.  Many industrial groups currently have 
intellectual property disputes before the government. 
 
In May 2004, Bulgaria was placed on the Special 301 
Watch List for the first time in five years.  The 2005 
US government inter-agency review retained Bulgaria on 
the Watch List.  There has been a steady resurgence of 
piracy, mainly in the sale of pirated ODM and illegal 
downloading of copyrighted material over the past few 
years. 
 
The US government has formulated an action plan, which 
will assist in focusing attention on immediate and 
effective implementation of the new Optical Disk Media 
(ODM) Law and the amended Copyrights and Related Rights 
legislation, enforcement actions and ministerial-level 
coordination, designing training programs, and 
improving efforts to address counterfeiting of U.S. 
spirits and apparel. 
 
Bulgaria is a member of the World Intellectual Property 
Organization (WIPO) and a signatory to key 
international agreements. 
 
Copyrights 
---------- 
Parliament passed on November 25, 2005, amendments to 
the 1993 Law on Copyrights and Related Rights, which 
aligns Bulgaria's copyright legislation with the 
European requirements.  In particular, the amendments 
implement two directives of the EU in the area of 
copyrights: Directive 2001/84/EC of the European 
Parliament and of the Council on the resale right for 
the benefit of the author of an original work of art; 
and Directive 2004/48/EC of the European Parliament and 
of the Council on the enforcement of intellectual 
property right ("the Enforcement Directive").  Also, 
the amendments will establish the mechanism regulating 
the administration of the newly-established database 
and copyright information sharing system sponsored by 
the EU. 
 
The copyright term of protection was extended from 50 
to 70 years after the author's death in 2000.  The new 
term of protection is retroactive, i.e., a term of 
protection that expired at the moment of approval of 
the amendments is revived within the framework of the 
70-year term of protection.  For films and other audio- 
visual works, copyrights are protected during the lives 
of director, screenplay-writer, cameraman, or the 
author of dialogue or music, plus 70 years.  Other 
amendments to the law enable copyright owners to file 
civil claims to suspend the activities of pirates; 
provide for confiscation of equipment and pirated 
materials; enhance border control over pirated 
material; introduce a new neighboring right for film 
producers. 
 
Parliament approved in September 2005 the long awaited 
Law on Administrative Control over the Manufacture and 
Distribution of ODM, which now requires SID codes on 
blank optical discs (OD) produced in Bulgaria and 
strengthens the import/export regime for raw materials 
and equipment involved in ODM production.  However, the 
new law does not allow industry representatives or 
rights holders to participate in inspections and 
excludes goods in transit from the registration regime. 
 
The Copyright Office of the Ministry of Culture is 
responsible for copyright matters in Bulgaria.  While 
civil law provides remedies for violations, under the 
Penal Code, copyright infringement is only a 
misdemeanor, subject to nominal fines. 
 
Patents 
------- 
The Bulgarian patent law has been harmonized with EU 
law in the areas of application for European patents 
and utility models.  Bulgaria joined the Convention on 
the Grant of European Patents (European Patent 
Convention) on July 1, 2002 and has obtained observer 
status in the Administrative Council of the European 
Patent Organization. 
 
Bulgaria grants the right to exclusive use of 
inventions and utility models for 20 years and 10 
years, respectively, from the dates of patent 
application filings.  Inventions eligible for patent 
protection must be both new as a result of innovation 
and have industrial applications.  Article 6 lists 
items not considered inventions and utility models are 
specifically defined. 
 
The independent Patent Office is the competent 
authority with respect to patent matters.  The patent 
law describes the application procedures and the 
examination process.  Applications are submitted 
directly to the Patent Office.  Compulsory licensing 
may be ordered under certain conditions: the patent has 
not been used within four years of filing the patent 
application or three years from the date of issue; the 
patent holder is unable to offer justification for not 
adequately supplying the national market; or, 
declaration of a national emergency. 
 
Patent infringement is punishable by fines of up to 
1,000 BGN.  Disputes are reviewed by specialized panels 
convened by the President of the Patent Office and may 
be appealed to the Sofia City Court within three months 
of the panel's decision. 
 
The 1996 Protection of New Types of Plants and Animal 
Breeds Act allows for a term of protection of 25 years 
for annual plants and 30 years for perennial plants and 
animal breeds, which starts from its date of issuance 
by the Patent Office.  Parliament ratified in 1998 the 
International Convention for the Protection of New 
Varieties of Plants (UPOV). 
 
Data Exclusivity 
---------------- 
Responding to long-standing industry concerns, the GOB 
included a provision to provide data exclusivity 
(protection of confidential data submitted to the 
government to obtain approval to market pharmaceutical 
products) in its new Drug Law, which took effect in 
¶2003.  The law, however, links data protection to a 
valid patent. 
 
Trademarks 
---------- 
 
The 1999 Trademarks and Geographical Indications Act 
regulates the establishment, use, cession, suspension, 
renewal and protection of rights of trademarks, 
collective and certificate marks, and geographic 
indications in accordance with TRIPs requirements and 
the government's EU Accession Agreement.  The August 
2005 amendments to the Law on Trademarks and 
Geographical indications and the Law on Industrial 
Design further incorporated TRIPs requirements. 
 
Registration is refused, or an existing registered 
trademark is cancelled, if a trademark constitutes a 
reproduction or an imitation or if it creates confusion 
with a well-known trademark, as stipulated by the Paris 
Convention and the Trademarks and Geographical 
Indications Act.  Applications for registration must be 
submitted to the Patent Office under specified 
procedures. 
 
Right of priority, with respect to trademarks that do 
not differ substantially, is given to the application 
that was filed in compliance with Article 32 first. 
Right of priority is also established on the basis of a 
request made in one of the member countries of the 
Paris Convention or of the World Trade Organization. 
To exercise the right of priority, the applicant must 
file a request within six months of the date of 
original filing. 
 
A trademark is normally granted within 12 months of 
filing a complete application.  Refusals can be 
appealed in the Sofia City Court within three months of 
notification of the decision.  The right of exclusive 
use of a trademark is granted for ten years from the 
date of submitting the application.  Requests for 
extension of protection must be filed during the final 
year of validity, but not less than six months prior to 
expiration.  Protection is terminated if a mark is not 
used for a five-year period. 
 
Trademark infringement is a problem in Bulgaria for 
many U.S. manufacturers.  Its categorization as a 
misdemeanor, subject to a nominal fine, is not a 
sufficient deterrent to illegal activities.  While more 
draconian measures are available, such as confiscation 
or fines of up to 500,000 BGN, they are rarely levied 
or enforced. 
 
U.S. businesses have noted significant difficulties in 
obtaining relief against trademark infringement. Even 
if courts understand the law and issue orders, the 
entities charged with enforcement often cannot be 
relied upon to carry out the court judgment. Under 
Bulgarian law, legal entities cannot be held criminally 
liable. Therefore, the criminal penalties for copyright 
infringement and willful trademark infringement are 
limited. 
 
In Bulgaria, trademark and service-mark rights and 
rights to geographic indications are only protected 
pursuant to registration with the Bulgarian Patent 
Office or an international registration mentioning 
Bulgaria; they do not arise simply with "use in 
commerce" of the mark or indication.  Under Bulgarian 
law, legal entities cannot be held criminally liable. 
Similarly, criminal penalties for copyright 
 
 
infringement and willful trademark infringement are 
limited, compared to enforcement mechanisms available 
under U.S. law. 
BEYRLE