20 years together

May 2013

01 May 2013

In connection with the specialization of Dimitrov, Petrov & Co. Law Firm in the area of intellectual and industrial property, please be informed that Directorate-General European Funds for Competitiveness – the Managing Authority of Operational Programme “Development of the Competitiveness of the Bulgarian Economy” has opened a procedure for competitive project selection: BG161PO003-1.1.07 „Introduction of innovations in the enterprises” with a fixed deadline for submission of project proposals by 10 July 2013. For participation in the procedure evidence is required of application or issued patent, utility model registration certificate, industrial design or copyright. The full set of documents and the Guidelines for applicants under the procedure are published on the internet address of the operational programme: www.opcompetitiveness.bg, as well as on the Single Information Web Portal for general information on the management of the Structural Funds and the Cohesion Fund of the European Union in the Republic of Bulgaria: www.eufunds.bg.

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Interpretative Decision No. 1 of May 31, 2013 by the Supreme Court of Cassation

The General Assembly of the Criminal Division of the Supreme Court of Cassation (GACD of SCC) adopted an interpretative decision on certain issues due to the existence of conflicting court practice on the application of Art. 172b of the Criminal Code (CC) in relation to the protection of the trademark right.

With regard to these issues GACD of SCC adopted the following:

I.1. The objective element of the corpus delicti under Art. 172b of the CC, i.e., ‘use in the commercial activity’, exists in the case of transit of goods through the territory of the Republic of Bulgaria if the goods are subject to a commercial act aimed at the consumers in the European Union.

I.2. The use of signs similar to other trademarks is an incriminating element of the crime under Art. 172b of the CC.

I.3. The principle of Community exhaustion of the trademark right is not applicable in case of identifying an unlawful use of a trademark within the meaning of Art. 172b of the CC.

I.4. The element ‘commercial activity’ of the corpus delicti under Art. 172b of the CC exists in the cases under Art. 13, Para. 2 of the Marks and Geographical Indications Act when the activities are being performed for the purposes of realizing economic benefits; the element does not depend on the commercial activity performed by the subject and under the Commercial Act.

II.1. Subject of the crime under Art. 172b of the CC, in case the user of the unlawfully identified goods is a legal entity, is the respective natural person through whose behaviour the legal entity has acquired the capacity of an user.

II.2. Subject of the crime under Art. 172b of the CC could be any criminally liable person.

III.1. The crime under Art. 172b of the CC may cause damages which shall be subject to compensation.

III.2. A victim or a defrauded legal entity is the owner of the trademark right who can be constituted as an indicter.

The decision has been signed with dissenting opinion by some of the judges.

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