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Internet Intellectual Property Law

  • "Internet Intellectual Property Law" in Bulgaria?

     

    "Internet Intellectual Property Law" in Bulgaria? Internet law. Internet attorney in Bulgaria.

     

    In the 21st century, literally every social, business, political, and cultural aspect of life is mediated by online space. This means that behind every everyday activity stands an online platform - a website, a blog, an Internet mobile application, and so on. The Bulgarian social reality shows that offenses / crimes aimed at copying, using, reproducing, distributing, hacking, breaking the integrity and functioning of online works are a practice that is completely neglected, legally unsettled, and therefore devoid of any clearly structured legislative sanction, therefore prevention. It is correct to note that there are some legal norms in the Bulgarian legislation which concern the commented subject, but they are in different material laws and provide for separate abstract hypotheses that do not communicate with each other and thus remain some "mutilated" legal constructions without real practical significance.

    All of this naturally leads to the total unproductiveness and almost zero efficiency in the work of specialized prevention bodies in the face of, for example, in the computer crime sector of so called “GDBOP”, due in particular to the lack of an adequate legal framework from a substantive point of view and respectively the lack of powers from a procedural point of view. This article aims to precisely identify these problems and to define what has been achieved so far internationally to justify the real need for such a legislative initiative in Bulgaria, which is justified not only in the present but also especially in the future, given the obvious all-round digitization of public life. Here I would like to point out the fact that the legal focus on online space and its problems has been placed in Western Europe and the US in the mid-1990s, i.e. the Bulgarian legislation is late for nearly 20 years to place emphasis on lawmaking in this sphere. I would like to mention that when in 2009 at a intellectual property conference, I started to speak on the subject of this article, I was greeted with silence and misunderstanding by a strictly professional audience that made me feel like a "stranger in my own." Unfortunately, there is no feedback between the online industry and lawyers, intellectual property specialists, which leads to a lack of communication and an option for a meeting of opinions, concepts and views to identify the specific problems to be solved. That is why, up to this day, I continue to insist that an "Intellectual Property Law on the Internet" must exist in the Bulgarian legislation, taking into account the balanced interests of users and rights holders, and in this context, the different options to the positive legal behavior of the different legal entities and a corresponding sanction in respect of offenses and crimes directed against copyright works and various technical and software platforms, object of intellectual property based on the Internet.