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06-14-2017 (Newsletter Issue 11/17)
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Draft Ordinance on IP Representatives Published

The Bulgarian Patent Office has released for public consultation a draft Ordinance on Industrial Property Representatives to be adopted by the Council of Ministers.

If adopted, the draft Ordinance would regulate the profession of IP representatives. It specifies the requirements for obtaining the necessary qualifications and for providing such services. Most notably, the Ordinance would make it possible for foreign IP representatives to exercise the profession in Bulgaria in compliance with the requirements of EU Directive 2006/123/EC on services in the internal market, and would also introduce mandatory professional insurance. The Ordinance would also recognize partnerships of IP representatives for the first time in Bulgarian legislation.

The draft Ordinance got criticized by AIPPI Bulgaria as it goes beyond the scope of what the Law on Patents and Industrial Designs has defined. Further, the Ordinance contradicts with the Law on Recognition of Professional Qualifications. AIPPI Bulgaria insists on the withdrawal of the draft and the resumption of an open discussion among stakeholders.