Bulgaria moves towards EU norms

A new system for registration of designs in Bulgaria, based on the Community design system, came into force on 12 February 2011. Where registration of a design is sought, it will be checked out for verification that it satisfies the formal requirements for registration and meets the criteria laid down in Articles 3 and 11(2)(1) of the Law, i.e. that the design in question is a "design" under the law and that it is not contrary to public order or morality. 


If the design application meets the above conditions, the Bulgarian Patent Office will issue a decision on registration and the design will be publish in the Official Gazette. 


The Patent Office will no longer examine the presence of earlier designs or other intellectual property rights. However, anyone who considers that the registered design affects his earlier rights can initiate proceedings for invalidation of the later-registered design. 

Source: Ventsi Stoilov (Sofia, Bulgaria, Intellectual Property Planet) 

Another reader's query

Here's another question from Andrew Clay (Head of IP, Hammonds LLP). It relates to the UK's Registered Designs Act 1949, section 19(1), which states

"Where any person becomes entitled by assignment, transmission or operation of law to a registered design or to a share in a registered design, or becomes entitled as mortgagee, licensee or otherwise to any other interest in a registered design, he shall apply to the registrar in the prescribed manner for the registration of his title as proprietor or co-proprietor or, as the case may be, of notice of his interest, in the register of designs".

Andrew asks:

"Section 19(1) RDA - what is all this about? You shall register but what happens if you don't? You can't sue for infringement (section 7) but the section 19(4) restriction on who can deal has gone. Do you lose out to a subsequent bona fide purchaser for value without notice or not, as for patents or trade marks? Why aren't the provisions clear on what is an important point, especially following umpteen revisions of the RDA? What could possibly be the policy reason for this difference in treatment?"

Any thoughts, folks?