Industrial design

 

Industrial design is the visible appearance of the product or a part of it, consisting of the shape, configuration or composition of pattern or color, or combination of pattern and color.

 

      *   Right to authorship: According to law the person who has created the design is entitled to the right to authorship. This right is for unlimited period of time and can not be transferred and is protected by this law irrespectively of the protection it may have according to other laws.

     

  • Industrial design registration is issued for a design which is novel and original.
  • A design shall be considered to be novel if before the application date; respectively the priority date there is no other identical design, which has become popular through publications, use, registrations or promotions or in any other way anywhere in the world.
  • A design shall be considered to be original if the overall impression it produces on the informed user differs significantly from the overall impression produced which has become popular before the application date or in case of priority claim, before the priority date.
  • A design shall not be registered in the following cases: if it contradicts the public order or the good moral; a design which particularities are determined only by its technical or functional characteristics of the product; a design which particularities are determined by the necessity of the product to which the design is related, to be mechanically connected, placed in, next to or opposite to another product so both products can function.
  • Transfer of design right: If the ownership of the design right is held by two or more persons, it is transferred with a written consent of all co-holders.
  • The holder of the design right may permit the use of the design with a License Contract. The permission for the use of the design which is held by two or more persons is given with a written consent of all co-holders, unless they have agreed otherwise. In case of multiple orders, the right to use may be given for all the designs or for some of them.
  • The registration period of the industrial design is ten years from the date of the application as the registration may be extended for three consecutive periods of five years each.
  • The scope of the legal protection is determined by: the image, respectively the images of the registered design and includes all the designs which do not produce different overall perception.
  • The registration is terminated:
  • if the period expires and the holder gives it up;
  • termination of the juridical person holder of the design, without succession.

*       The registration may be cancelled at the request of third parties or ex officio by the Patent Office if the registration is illegal.

  • The dispute department of the Patent Office shall consider:
  • Appeals against refusal of registrations,
  • Appeals against rulings for termination of production, filed within period of three months, and
  • Claims for cancellation which may be filed for the whole period of the registration.
  • Every person may file a claim for preliminary use.
  • Physical and juridical persons residing in Bulgaria or having a real and acting company in Bulgaria may file international applications according to the Hague Agreement.
  • The law stipulates the respective measure for border control and administrative regulations in case of violations related to the right on the registered design.

 

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