Bill for New Law on Trademarks and Geographical Indications was Adopted in the First Ballot
Updated: Aug 30, 2019
The new Law on trademarks and geographical indications (ZMGO) is related to the fulfillment of the commitments of the Republic of Bulgaria as a Member State of the European Union.
The drafting of a new Law on trademarks and geographical indications (ZMGO) is related to the fulfillment of the commitments of the Republic of Bulgaria as a Member State of the European Union to transpose into its national law the provisions of Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 on the approximation of the laws of the Member States relating to trademarks.
The adoption of the draft law will also achieve compliance with the requirements of the European legislation on geographical indications, in particular with the provisions of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on schemes Quality of agricultural products and foodstuffs.
Overcoming of Existing Normative Gaps
The draft law aims both to achieve compliance with national trademark legislation with European Union law and with other Member States' legal protection systems and to improve the legal framework by overcoming existing normative gaps in procedures, accelerating the process of registration and acquisition of rights, strengthening legal protection.
The bill contains two main groups of proposals. The first relates to the transposition of the provisions of Directive (EU) 2015/2436, which represent a substantive change to the hitherto existing legal rules, as well as the introduction of new rules on the legal protection of trade marks in relation to the national system. The second group includes proposals stemming from the practice of implementing the ZMGO.
Changing Current Legal Framework
Given the volume of proposed amendments, as well as the fact that these changes are significant and complex and reflect developments in the practice of implementation of the ZMGO and simultaneously introduce new substantive rules and rules of Procedure, the application of regulatory intervention is realized by the adoption of a new law. In doing so, the highest level of achievement of the objectives of Directive (EU) 2015/2436 and the harmonization of national trademark legislation with European Union and other Member States' law should be ensured, as well as the improvement of the current legal framework by overcoming existing normative gaps and non-compliances.
The proposed bill will improve the current legal framework in the area of trademarks and geographical indications and will achieve consistency between Bulgarian and European law in the field of trademark protection and Geographical indications, which will lead to the fulfilment of the obligations of the Republic of Bulgaria as an EU Member State for the approximation of our national legislation to that of the other Member States and will increase the efficiency of work and legal certainty for Businesses and consumers.