Bulgaria

• Available Market Research
• Best Prospects in the ICT Market
• Chambers of Commerce
• Channels of Distribution
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  • E-Commerce
    • Internet Service Providers
  • Educational
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  • Retailers
  • Telecommunications Systems Operators
  • Used / Reconditioned
• Directories and Databases
• Duties, Tariffs & Taxes
• General Country Information
• Intellectual Property Rights
• Legal Issues
• Market Research
• Search Engines
• Technical Standards
• Trade Associations
• Trade Publications
• Trade Shows, Exhibitions and Seminars
• Trade Statistics
• User Groups
• E-Mail Links to the Respective Industry Specialist(s)

Available Market Research

Industry Sector Analyses are industry specific reports prepared either by US Commercial Service Staff or local market research contractors.  Typical reports include:

• A Market Overview
• Market Highlights and Best prospects
• Statistical Data
• Best Sales Prospects
• Competitive Analysis
• End-User Analysis
• Market Access (includes information on duties, taxes, standards etc.)
• Trade Promotion Opportunities
• Trade Publications
• Market Research Companies
• Trade Associations
• Agents, Distributors and Manufacturers

International Marketing Insights (IMI) contain industry specific information and are short, concise reports.  

For a listing of available ISAs and / or IMIs, please click here.

This information is available free of charge to all US companies. 

Welcome to the U.S. Commercial Service

The U.S. Department of Commerce is represented worldwide by the Commercial Service.  The Commercial Service supports U.S. commercial interests and assists American businesses in their export marketing efforts.

Our offices offer business counseling and a wide range of tailored services to assist American firms to identify business opportunities throughout the world. Our offices foreign companies who wish to partner with American companies in areas of distribution of American products, joint ventures, and licensing. While some services are fee-based, many are provided free of charge. We welcome you to our site and encourage you to visit other websites that are likely to be of interest to you.  To find the country of interest, please visit: http://www.buyusa.gov/home/export.html. 

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Best Prospects in the ICT Market

For further information about the Bulgarian market, please consult the Country Commercial Guide.

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Chambers of Commerce

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Channels of Distribution

For further information of the definitions of the channels of distribution, please click here. The following are known ICT sales channels.   They may or may not be available in all markets.

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Agents / Distributors

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Business to Business (B2B)

Banks

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Newspapers

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US Subsidiaries

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E-Commerce

Internet Service Providers

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Educational

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Governmental

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Retailers

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Telecommunications Systems Operators

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Used  / Reconditioned

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Directories and Databases

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Duties, Tariffs & Taxes

For Tariffs and Taxes on Computer Hardware and Software, please see: http://web.ita.doc.gov/.

Bulgaria will soon become a member of the European Economic Union.  Please see: http://www.trade.gov/td/tic/tariff/eu_schedule/index.html.  

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General Country Information

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Intellectual Property Rights

Bulgarian law protects the acquisition and disposition of property rights.  In practice, the protection of property rights is subject to difficulties in varying degrees.  Bulgarian intellectual property legislation has been strengthened recently, and now includes modern patent and copyright laws and criminal penalties for copyright infringement.
 
Until 1998, Bulgaria was the largest source of pirated CDs (music and software) in Europe and was one of the world's leading exporters of pirated goods.  For this reason, Bulgaria was placed on the U.S. Trade Representative's Special 301 Priority Watch List in 1998.  In 1998, enforcement improved considerably with the introduction of CD-production licensing.  In recognition of the significant progress made by the Bulgarian government in improving protection of intellectual property, the U.S. Trade Representative removed Bulgaria from all Special 301 Watch Lists in April 1999.
 
Although the situation has in many respects improved, the government still lacks sufficient institutional capacity and coordination to effectively address major enforcement problems, especially in combating organized crime groups and in prosecution.  Many industrial groups currently have intellectual property disputes before the Government of Bulgaria.
 
Bulgaria is a member of the World Intellectual Property Organization (WIPO) and a signatory to the following agreements:
-- Paris Convention for the Protection of Intellectual Property;
-- Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcast Organizations;
-- Geneva Phonograms Convention;
-- Madrid Agreement for the Repression of False or Deceptive Indications of Source of Goods;
-- Madrid Agreement on the International Classification and Registration of Trademarks;
-- Patent Cooperation Treaty;
-- Universal Copyright Convention;
-- Bern Convention for the Protection of Literary and Artistic Works;
-- Lisbon Agreement for the Protection of Appellations of Origin and their International Registration;
-- Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purpose of Patent Protection;
-- Nairobi Treaty on the Protection of the Olympic Symbol;
-- Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks;
-- Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks;
-- Strasbourg Agreement Concerning the International Patent Classification;
-- Locarno Agreement Establishing an International Classification for Industrial Designs;
-- WIPO Copyright Treaty; and
-- WIPO Performances and Phonograms Treaty.
 
 
Copyrights
 
The 1993 Law on Copyright and Neighboring Rights protects literary, artistic and scientific works.  Article 3 provides a full listing of protected works including computer programs (which are protected as literary works).  The Law distinguishes between moral and economic rights.  The use of protected works is prohibited without the authorization of the author except in those instances enumerated in Article 23. 
 
In 2000 the Bulgarian parliament adopted amendments to the law extending the copyright term of protection from 50 years to 70 years after the author's death.  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 frameworks 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, confiscate equipment and pirated materials, enhance border control over pirated material, introduce a new neighboring right for film producers, and harmonize Bulgarian legislation with the Association Agreement with the European Union.
 
Amendments to the 1993 Law on Copyright and Neighboring Rights, passed in 2002, came into effect on January 1, 2003.  They address new developments in the sphere of communications and information after the invention of digital technologies and the Internet, and specify the rights and obligations of database producers as required by EU legislation.
 
The Copyright Office of the Ministry of Culture is responsible for copyright matters in Bulgaria.  The National Film Center is responsible for enforcing intellectual property rights with regard to films and videos.  Remedies for violations are provided in civil law.  However, under the Penalty Code, copyright infringement was originally considered only a misdemeanor subject to nominal fines.
 
Patents
 
On June 27, 2002, Parliament approved amendments to Bulgaria's 1993 Law on Patents (the "Patent Law").  These amendments harmonize Bulgarian patents law with EU law in the areas of application for European patents and "utility model patents" (for inventions, which have a limited degree of inventiveness and a relatively short life span).  Bulgaria joined the Convention on the Grant of European Patents (European Patent Convention) on July 1, 2002.  On January 31, 2002, Parliament ratified the 1973 Convention on the Grant of European Patents and the 2000 Act Revising the Convention.
 
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 new as a result of innovation and have industrial applications.  Article 6 lists items not considered inventions.  Utility models are defined as "objects with structural and technological features relating to an improved construction, form and spatial combination of elements of articles, tools, mechanisms, equipment and parts thereof, materials and other items for industrial or home use."
 
The independent Patent Office is the competent authority with respect to patent matters.  Chapter IV of the patent law, Articles 34-53, describe 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 good justification for failing to sufficiently supply the national market; or declaration of a national emergency.
 
Patent infringement is punishable with the imposition of fines of up to 1,000 leva.  Disputes are reviewed by specialized panels convened by the President of the Patent Office.  Parties dissatisfied with the outcome must initiate action in the Sofia City Court within three months of the panel's decision. 
 
In 1996, Parliament approved the Protection of New Types of Plants and Animal Breeds Act.  The Certificate allows for a term of protection of 25 years for annual plants and 30 years for perennial plants and animal breeds.  The term of protection starts from its date of issuance by the Patent Office as specified in the law.  In 1998, Parliament ratified the 1991 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 on January 1, 2003.
 
Trademarks
 
In September 1999, Parliament passed a series of laws on trademarks and geographical indications, industrial designs and integrated circuits in accordance with TRIPs requirements and government's EU Association Agreement.  The 1999 Trademarks and Geographical Indications Act, which repealed the 1967 Law on Trademarks and Industrial Designs, regulates the establishment, use, cession, suspension, renewal and protection of rights of trademarks, collective and certificate marks, and geographic indications. 
 
Registration is refused or the 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 determined based upon application first filed in compliance with information required in Article 32.  Right of priority is also established based on the timing 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 three months of filing of a complete application.  Refusals can be appealed in the Sofia City Court within three months of the 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 from expiration.  Failure to use a mark during a five-year period results in protection being terminated.
 
Infringement of trademarks is a problem in Bulgaria for many U.S. manufacturers.  While the law allows for confiscation of offending products, infringement is deemed a misdemeanor under the Penal Code and subject to a nominal fine, which does not act as a deterrent to illegal activities.  In addition, U.S. and European businesses have complained about the lack enforcement of court judgments against trademark infringement.  However, the competition law provides for fines of up to 500,000 leva for companies, which use misleading packaging, trademarks or other signs, which injure the interests of competitors.
 
In Bulgaria, trademark and service-mark rights and rights to geographic indications arise only with registration at the Bulgarian Patent Office or an international registration mentioning Bulgaria; and do not arise simply with "use in commerce" of the mark or indication.  Under Bulgarian law, legal entities cannot be held criminally liable.  So the criminal penalties for copyright infringement and willful trademark infringement are likewise limited, in comparison with the enforcement mechanisms available under U.S. law.

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Legal Issues

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Search Engines

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Technical Standards

 

Ms. Zdravka Valeva, Director

State Agency on Standardization and Metrology

#21, 6 Septemvri Street

1000 Sofia

Phone: (359) (2) 988-5043

Fax: (359) (2) 980-6317

E-mail: csm@techno-link.com  

 

or

 

Mr. Emilian Pipanov

Chief, Technical Standards Department

Ministry of Transport and Communications

6, Gurko Street

1000 Sofia

Phone: (359) (2) 949-2417

Fax: (359) (2) 980-52711

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Trade Associations

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Trade Publications

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Trade Shows, Exhibitions and Seminars

Additional information on how to prepare for and select an international trade show can be found at http://www.exportmichigan.com/.

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Telecommunications Equipment

User Groups

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E-Mail Links to the Respective Industry Specialist(s)

Reginald Miller, Senior Commercial Officer

U.S. Embassy - FCS

1, Saborna Street

Sofia 1000, Bulgaria

Tel: +359-2-963-4062

Fax: +359-2-980-68-50

Reginald.Miller@mail.doc.gov

 

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Revised: November 08, 2008

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