Mr.Atanas Kostov - copyright attorney in Bulgaria. The book "Intellectual Property on the Internet".

The reason to write the book "Intellectual Property on the Internet" is the fact that intellectual property is the most powerful regulator, and a protective mechanism against the processes that are currently happening on the Internet. You will ask why this is so important? Due to the fact that the full potential of the creative industries is already online and the same goes for the business, which means that in the near future any social, commercial, scientific, artistic or social activity will be mediated by the Internet. Even now, there is no good or service that is not available online, and this business model has been adopted by the electronic media and the show business. 

All this leads to a justified interest of the users in this electronic phenomenon, which is related to the easy commodity turnover, quick access to specific works, goods or services, but also to the presumed will to "jump over the legal barriers" due to different motives. In addition to the old theme of internet piracy (which also has new dimensions in the development of legislation), there are already new unscrupulous practices aimed at "abducting" domains or registering such names under other company names or trademarks for resale or another type of commercial effect to the registrant, such as unfair competition and / or attracting additional user traffic. On the other hand, copyright and related licensing agreements have become as "electronic" as it calls for the need for new, credible and adequate legislative solutions to deter unscrupulous practices on the Internet. The strange thing is that the Bulgarian Law on Copyright and Related Rights as well as the Law on Marks and Geographical Indications "delay" to legally regulate the processes that concern intellectual property rights online, neither of which even mentions the word " Internet ", despite the increasingly dynamic e-business in Bulgaria. At the same time, special laws (which are not part of a copyright law or trademark law) specifically regulating legal relationships and infringements of intellectual property rights on the Internet have emerged in many foreign legislation. 

This book gives a vision of some of the major topics and issues in the described context by trying to comment and at the same time propose solutions to address the issues of copyright, trademarks, domains and other business identifiers that are used in network. I hope this statement assures the reader how important it is in today's time to know the intellectual property legal tools that serve to prevent online business models as well as those relating to copyrights based on the Internet. The relevance of the subject is related to purely pragmatic and commercial motives regarding the proper structuring and protection of online entrepreneurship. The book gives many examples of national and international case law on case studies that deal with the exact subject of intellectual property rights in the web, in order to make these legal processes more accessible. My aim in the commented topic is to make it as accessible as possible not only to lawyers, but to the business community as well as to the representatives of the creative industries, without having to propose ready solutions, but with the option of giving a reflection on how to deal with analogous case studies.

By the author: Mr.Atanas Kostov – attorney at law

The book "Intellectual Property on the Internet" you can order directly here.

Issued 2012

Fenya Publishing House

Intellectual Property Categories.

Pages 168

Dimensions 14.60 / 21.60 / 0.90 cm

Weight 0.202 kg

EAN 9789549499919

ISBN 9789549499919

Author: Mr.Atanas Kostov

"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.

Mr.Atanas Kostov - copyright attorney in Bulgaria. The book “Copyright Hypothesis".

The book “Copyright Hypothesis" is the fruit of my synthesized ten-year experience as an intellectual property lawyer. The writing of every material in it is inspired by my work on a specific case, commenting on the legal basis and relevant case law. It is important to note that the purpose of writing the book is to be practical rather than to claim theoretical exhaustiveness. So I have selected and focused on this part of the texts of the Copyright and Related Rights Act, which are robbing, interesting and directly affecting the creative industries in Bulgaria. The bulk of the material in the book is a synthesis of theory and practice in the form of court decisions, which is systematically located for convenience at the end of each exhibition. How much current case law is adequate, internally uncontroversial and compliant with the legal framework, I have left to judge the reader myself, as the conclusions are obvious.

 I think that for this reason, the writing here will be useful not only for legal practitioners, but especially for the authors themselves - artists in the broad sense of the word, as well as architects, photographers, artists, designers, computer specialists and other professions, related to culture and science. Long contact with copyright issues of creative people has made me realize that they still do not have the courage, determination and legal culture to assert their rights to creators adequately. The reasons for this are of a different nature. Firstly, perhaps Bulgarian education does not offer these specialists the necessary knowledge and useful experience in the field of copyright and artistic management, which is particularly important in the context of a market society. Hence the lack of knowledge of the authors about the ways to protect their intellectual work, as well as the motivation to consult and seek specialized legal assistance in this field. Naturally, the well-developed jurisprudence of the courts and the prosecutor's office and, in my opinion, the little fuzzy criterion on the procedure and practical means of engaging and activating the administrative responsibility for copyright violations, a priority of the Ministry of culture. All this leads to a lack of trust in our society as to whether the protection of copyright in Bulgaria is real and working. Increasingly, in the public domain, there are data about successful measures in the field of copyright, but they concern mainly copyright and related rights of foreign authors and companies. The big question is is there a real protection for the rights of Bulgarian authors and what part of the case law shows a positive trend in this direction? 

 Blockchain software patents. Blockchain attorney in Bulgaria.

Introduction. The liberalisation of the banking sector to crypto currencies and, above all, the blockchain technology behind them, shows that the financial market slowly breaks the shell of misunderstanding into the new online legal mechanisms that lead to software verifying each link in a legal deal. In my opinion, the crypto currencies themselves (as a speculative tool) in the near future are doomed to a total collapse of a single dollar denomination for a specific crypto (for example, "bitcoin"), but blockchain technology as an innovative business model and legal tool for doing business online, will soon develop technologically and enter various spheres of public life - finance, law, health, education, creative industries, public sector. A proof of this statement is that at present, perhaps the largest bank in the world - the US Bank of America - has a total of 50 patents in the field of blockchain technology serving the banking and financial sector. Оn the second position by applications for this kind of patents in US it is the giant in the computer industry IBM, which logically declare interest in this industry, as it has been for years the main hardware supplier (of various types of computer equipment) for thousands of banks around the world. 

Trademark opposition. Trademark attorney in EUIPO.

Notice of opposition may be filed within a period of three months following the publication of the Community trade mark application. The official publication date is that which appears on the front cover of the Community Trade Marks Bulletin. The notice of opposition and payment of the opposition fee EUR 350 must be received by the EUIPO within this time limit. 

EUIPO accepts a notice of opposition against a CTMA that is received by fax and/or post before the CTMA has been published; thus before the commencement of the opposition period. The opposition will be kept on hold and be deemed to have been filed on the first day of the opposition period, namely the first day after the publication of the CTMA in part A1 of the CTM Bulletin. 

Payments must reach the EUIPO within the time limit specified for filing opposition, which is three months. However, provided that all the steps necessary for effecting payment are taken within this time limit, the Fees Regulation allows for payment to be considered as made on the condition that the following requirements are met: where payment is made by bank transfer, the payment order must have been given within the aforementioned time limit. However, if the payment order has not been made within the last ten days of the time limit specified, a surcharge of 10% will be payable. 

The EUIPO has published Guidelines concerning the opposition proceedings which attempts to explain in detail the practical application of the provisions of the CTMR and the Implementing Regulation governing opposition proceedings. In addition, a form for filing notice of opposition is available from the Office, containing relevant explanatory annotations.

Copyright protection in Bulgaria. Copyright attorney in Bulgaria.

IUSAUTHOR Law Firm is one of the few specialized law firms in Bulgaria that has an exclusive focus on protecting your copyrights nationally and internationally. IUSAUTHOR's activity in this area consists in copyright advice, drafting legal contracts and agreements in the field of copyright in general, as well as legal representation in court and prosecution in copyright disputes.

In 2021, IUSATHOR was selected as the law firm of the year in Bulgaria. 

The managing partner of IUSAUTHOR Law Firm is Atanas Kostov, a lawyer who is one of the top specialists in Bulgaria in the field of intellectual property, and he has focused his legal efforts in this area for 20 years. Atanas Kostov knows in detail the available international and national case law in copyright cases, and based on his experience and authority as a copyright specialist, he has been invited to participate in the Advisory Council on Intellectual Property at the Ministry of Culture, as well as a consultant in a working group of the legislative committee on some of the recent amendments to the Copyright and Related Rights Act. In his career, Atanas Kostov has written five books commenting in detail on copyright law and over 50 scientific articles in the same field, has participated in numerous seminars on copyright law as a lecturer, is one of the permanent authors of the prestigious legal publication "Labor and Law", has consulted numerous corporate clients and individual authors on copyright issues. Mr. Kostov has been a litigator in most of the relatively few copyright disputes litigated in Bulgaria concerning copyright protection in music, film, photography, computer software, literature, performing arts and science.

At present, Mr. Kostov is also developing as a specialist in digital intellectual property regulation - in particular online media (radio stations, newspapers, sports websites, television) and Internet-based businesses such as presentation and commercial websites, online libraries, computer programs and databases, blockchain technologies, etc., advising these industries on their copyright issues. Intellectual property on the Internet is a key business aspect in the 21st century and Atanas Kostov is one of the few specialists in Bulgaria who are familiar in detail with the specific aspects based on the so-called "Internet law" in the online environment, both in national and international aspects.

Concept of copyright. According to Article 3, paragraph 1 of the Copyright and Related Rights Act, the subject of copyright is any work of literature, art and science which is the result of creative activity and is expressed in any way and in any objective form, such as:

- literary works, including works of scientific and technical literature, works of journalism and computer programs;

- musical works;

- works for the stage - dramatic, musical-dramatic, pantomime, choreographic, etc;

- films and other audiovisual works;

- works of fine art, including works of applied art, design and folk arts and crafts;

- realised works of architecture and applied development plans;

- photographic works and works created in a manner analogous to photography;

- approved architectural projects, approved spatial planning projects, maps, schemes, plans, etc., relating to architecture, spatial planning, geography, topography, museums and any field of science and technology;

- graphic design of a printed publication;

- cadastral maps and state topographical maps.

(2) Copyright objects shall also include:

- translations and adaptations of existing works and folklore works;

- arrangements of musical and folklore works;

- periodicals, encyclopaedias, collections, anthologies, bibliographies, databases and the like, which include two or more works or materials.

(3) A part of a work referred to in par. 1 and 2, as well as preparatory sketches, plans and the like.

Over the past several years, IUSAUTHOR has worked closely with the U.S. Copyright Office on the registration of copyright works in the United States. This copyright registration regime covers all 165 member countries of the Berne Convention, including Bulgaria and most of the EU member states, and the registered copyright work is also listed in the US Library of Congress. In contrast to the European copyright system, where copyright in a work arises from the moment of its creation and publication in the public domain, and where there is no registration of copyright, in the Anglo-Saxon system, and in this case in the United States, there is a registration regime with respect to a specific copyright. Registration is done at the U.S. Copyright Office by carrying out a specific administrative procedure for registering the copyright work. IUSAUTHOR offers its clients this specific way of documentary protection of their copyright, which is an exception to the general European principle. Our clients are thus able to register their copyright internationally, with protection extending to virtually all developed industrial countries that are signatories to the Berne Convention. At this stage, most Bulgarian legal entities that decide to preserve their intellectual property in this way are authors of software, literary works, works of visual art (design) and architecture. 

Copyright protection in the court. 

Law Firm IUSAUTHOR offers you legal defense in administrative and criminal proceedings concerning copyright infringement, copyright tort claims under Article 95 et seq. of the Copyright Law, as well as in connection with criminal proceedings under Article 172a of the Criminal Code. The law firm's website contains numerous articles by Atanas Kostov through which you can learn about the possible options for defending your procedural rights before the Ministry of Culture, the court and the prosecution. If you need specialized legal assistance regarding the judicial protection of copyright, please contact the team of the law firm IUSAUTHOR. 

You can refer your question regarding copyright protection in Bulgaria here: This email address is being protected from spambots. You need JavaScript enabled to view it. or by phone at +359888915215.

Copyright protection on Internet sites. Copyright attorney in Bulgaria.

A hot topic which concerns a lot of online businesses is copying (retrieving or stealing) website content - its texts, graphics, designs, photos and commercial concepts. The trend on a global and national level indicates that within a few years, any good, including author's works - books, musical works, architectural projects, computer programs, etc. will be offered predominantly online. This fact calls for increased attention paid to the adequate copyright protection of the content of the Internet sites as well as to the formulation of the clearer general terms and conditions for their use in order to avoid unscrupulous practices carried out by third parties.

This statement will address the main guidelines that should be marked as a means of protection and prevention against the illegal "copying or theft" that is done with respect to the content or functionality of the Internet sites.

Copyrights on Facebook. Copyright attorney in Bulgaria.

The social network Facebook became a social phenomenon that accumulates much of the contemporary social, business, and cultural life of the world. Background information indicates that the site was created by Mark Elliot Zuckerberg, described as a genius programmer while still a teenager, and creator of projects like "Zucknet" (a primitive version of AOL instant messenger), a media player, called "Synapse Media player" (in which Microsoft showed interest), the program "Course Match", which helps students to choose courses, and the so-called "first Facebook"- the site Facemash. This internet site allowed users to compare pictures of classmates and select the one that is "coolest.” Facemash worked just one weekend because of huge site traffic overloads caused an interruption of internet service at Harvard (where Zuckerberg was a student at the time). Post factum Zuckerberg was criticized for this by the student newspaper, as well as classmates, because he used their photos without proper authorization. Given these negatives, Mark Zuckerberg started programming Facebook which was launched on the Internet from his room at Harvard on Feb. 4, 2004. At present, this internet site is owned by Facebook Inc., based in Silicon Valley, California, USA. On 21 July 2010, the youngest billionaire in the USA - Mark Zuckerberg (6.9 billion dollars personal assets) officially reported that the site has reached 500 million users worldwide. An interesting fact is that in 2010, Steven Levy - author of the book "Hackers: Heroes of the Computer Revolution", said that Zuckerberg described himself as a "hacker.” Therefore, at present, Facebook Inc., holds contests called "hackathons" every two months. The goal is for participants to program, present, and complete a software project in a single night. Facebook provides music, food, and beer, and the event is usually attended by participants of the Facebook site, including Zuckerberg. Some people say that Zuckerberg used these hackatons to recruit employees for his company in the beginning, and even today.

Industrial design protection in Bulgaria. Industrial design attorney in Bulgaria.

"IUSAUTHOR" operates on registration of national industrial design in the Patent Office of the Republic of Bulgaria in Sofia and legal protection in court where a conflict of interest on design. What are the designs and what legal options they provide?

Design is the appearance of a product or part of the specific features of the form, the lines, contours, ornamentation, color or combination of them. Product is any product produced by industrial or handicraft, including parts intended to be assembled into a complex article, sets or compositions of articles, packaging, graphic symbols and typographic typefaces.

Exclusive right to design shall be acquired by registration with the Patent Office. Registered design which is new and original. 

Not registered designs:

-contrary to public order or morality,

-whose characteristics are determined by the technical function of the product,

-whose characteristics are determined by the need for the product to which it is attached or which included the design to be mechanically assembled or put in, around or against another product so that either product may perform its functions.

The extent of legal protection is determined by the images of the registered design.

The duration of the design registration is ten years from the date of filing and may be renewed for three successive periods of five years.

The registration of the design has territoriality.

National registration.

A design right is acquired through registration with the Patent Office in Sofia. The duration of the design registration is 10 years from the date of filing. Right belongs to the author or his successor. The date of filing shall be the date of receipt by the Patent Office:

- Request for registration containing the name and address of the applicant

- Name and address of the author

- The number of designs, an indication of the products in which it is incorporated or to which it is applied, classification of the products in the International Classification of Designs under the Locarno Agreement;

- One or more graphic or photographic representations of the design.

Multiple application

It is a request to include several designs if: the products in which they are incorporated or to which are attached designs in the same class of the International Classification of models and drawings under the Locarno Agreement or belong to the same set or izdeliya.Kogato composition of the products in which they are incorporated or to which are attached designs are ornaments, this condition does not apply.

Publication of the application.

Each design application that meets the formal requirements is published in the official bulletin of the Patent Office. Hosted is two months from the date of publication of objections from third parties, then performed the examination on the merits of the proposed design.

Changes in the application.

Allowed only change in the name or address of the applicant. It is possible to correct errors in the name or address of the applicant and obvious errors. These amendments should not affect the design.

Requirements.

Images of the design or the products in which it is incorporated or to which it is applied must submit in a principal view and in many additional views as necessary to clear the full and detailed disclosure of the design, which has been applied protection. Products must be presented in a position in which they are usually used.

Registered design right includes:

The right of the holder to use the design to dispose of it and to prohibit third parties without his consent to copy or use in trade design included within the scope of protection. Using design includes production, supply and placing on the market or use of a product in which it is incorporated or to which it is applied within the scope of protection, as well as import, export and storage of the product for those purposes. The right is effective against third parties as of the date of publication of the registration of the design. 

“IUSAUTHOR” offers also registration of Community design(RCD) in the European Union Intellectual property office(EUIPO), Alicante, Spain.

Internet law in Bulgaria. Internet attorney. Software protection. 

"IUSAUTHOR" is one of the few legal offices in Bulgaria, which since its inception have focus on the legal processes developing in the online environment or so called "Internet Law". "IUSAUTHOR" working hard on building effective models for prevention of copyright on the Internet, consult many creative industries, electronic media, NGOs, online libraries, private individuals and businesses, the proper protection of their copyrights and construction of adequate business strategies to optimize in detail their intellectual property on the Internet. Chairman of "IUSAUTHOR" is imposed and one of the experts in the field of copyright in Bulgaria in the person of Mr. Atanas Kostov, who has extensive experience as an attorney on the internet rights, who synthesized his experience as an lawyer in this field in his book "Intellectual Property on the Internet ". 

In the field of Internet law "IUSAUTHOR" work closely specialized on the registration of trademarks as domain names, respectively arbitration of disputes between trademark and domain with the extension ".bg" in the national arbitration to Register.BG and equivalent international arbitration for other extensions(".com", ".net", ".co.uk" etc.), based at the WIPO (International Organization for Intellectual Property)Geneva, Switzerland. Legal defense to those two types of arbitrations any serious is a specific legal action concerning the knowledge of intellectual property in an atypical area, which is built on those adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) "Uniform rules for resolving disputes concerning domain "(UDRP). Registration of domain names as trademarks is a key point in the defense business models, developing online as it requires not only legal view of national and international practice in this area, but presupposes and reporting of relevant marketing and consumer attitudes, which lead to proper counseling of a client on the construction of a brand, individualizing a business or other enterprise in the Internet environment. Through its work with numerous representatives of online industries, the team of "IUSAUTHOR" has established good practices in adequate consultation of this type of customers.

In light of the above should be noted that "IUSAUTHOR" as a firm engaged in internet law, working in close coordination with national and international judicial and administrative institutions whose focus is on resolving problems relating to crime and unfair practices, developing It is the Internet. This action concerns the firm resolve legal issues related to cybercrime, counterfeiting, phishing, hacker attacks, internet piracy, theft of personal data and content from websites, created mirrored platforms in order to unfairly attract users, professional general conditions, imitation, violation of human rights in the Internet, e-commerce etc.

"IUSAUTHOR" is the principal legal adviser to the territory of Bulgaria on cases concerning so-called "free software" running on "Linux" and "GPL licenses to "Free Software Fondation", Europe.

Patent and trademark attorney in Bulgaria. Internet attorney in Bulgaria. Blockchain attorney in Bulgaria. Copyright attorney in Bulgaria.

The specialist in intellectual property - Mr.Atanas Kostov graduated the Law department of the Plovdiv University in 1999 with a Master's degree. He specializes in the field of civil law in Bulgaria. Intellectual property has been provoking him from the very beginning of his career. Currently he is a consultant and author in the publishing house "Labour and Law", Sofia and magazines "Finance and Law" Property and Law "," Law and Society " and " Intellectual Property "(official publication of the Patent Office in Sofia ) and in those editions were published his over 50 articles in the field of intellectual property and in particular copyright, trademark and unfair competition. Mr.Kostov is professional representative to the Bulgarian Patent Office for all industrial property objects: trademarks, patents (inventions), utility models, industrial designs, geographical indications, plant varieties and animal breeds. Mr. Atanas Kostov is an European patent attorney(European trademark attorney) in the field of trademarks and industrial designs to the EUIPO, Alicante, Spain, and he is officially on the list of industrial property professional representatives to this organization under the number №56838. Mr.Atanas Kostov it is a member of AIPPI (The International Association for the Protection of Intellectual Property). In 2017 Mr.Atanas Kostov was nominated for lawyer of the year in Bulgaria.

At the end of 2005. Mr. Kostov as patent attorney was invited as a consultant in a working group to the legislative committee of the National Assembly of Republic of Bulgaria under the direction of Doctor of Juridical Sciences Mr. George Sarakinov where they are made recent changes to the Law on copyright and related rights. In the same year he became the author of the electronic publishing house "Labour and Law" Sofia concerning copyright contracts. Currently lawyer Atanas Kostov is a member of the Advisory Board on issues related to copyright and intellectual property of the Ministry of Culture in Bulgaria.

In November 2010 Mr.Atanas Kostov issued his first book "Copyright hypothesis", published by the Publishing House "Feneya." The book is aimed at giving practical guidance and advice not only to practitioners, but also to all artists from various artistic professions (musicians, photographers, actors, painters, architects, computer specialists, etc.) who wish to gain a clear idea for ways to protect their copyrights.

In May 2011. publishing house "Ciela" launched the second book of Mr.Atanas Kostov, under the heading "Opposition to the trademark". This book is revealing the new procedure for registration refusal on the relatives grounds, according the last amendments of the Bulgarian Law on Marks and Geographical Indications from 10.03.2011. The book aims to be practically useful to a wide range of lawyers, experts in the Patent Office, representatives of industrial property, commercial entities, students and citizens to give better clarity on the scope for prevention, which gives the opposition. Most of the material in the book is a synthesis of theory and practice, mostly of EUIPO and the European Court of Justice, mainly due to the lack of national practice for the moment. This approach was chosen to shed light on the specifics of the procedure not only nationally, but also at European level.

In 2012 Publishing "Feneya" published the third book of Mr.Kostov - "Intellectual property on Internet". The book tries to make a comment and at the same time to propose solutions how to deal with problems concerning copyright, trademarks, domain names and other business identifiers in Bulgaria used in the Internet. The author's aim is to assure the reader how important is nowadays to know legal means, concerning intellectual property that serve for the prevention of online business models, as well as those concerning copyright, based on the web. The significance of the topic is related to purely pragmatic and commercial motives on proper structuring and protection of the online entrepreneurship. The book provides many examples of national and international case law concerning intellectual property rights on the web, through which it becomes possible to visualize commented theme and it becomes the most accessible not only for lawyers but for businesses as well as representatives of the creative industries, without any claim to offer ready solutions, but with the option to give guidance to reflect on dealing with similar cases.

In May 2015, “Labor and Law” Publishing House released the fourth book by Mr.Atanas Kostov - "Trademarks and Copyright on the Internet". The book presents a detailed problem of intellectual property and its protection on the Internet. It examines the issues and offers expert solutions to issues related to copyright, trademarks, domains, and other business identifiers that are used on the web. The book reviews the legal framework and analyzes the accumulated case law both in Bulgaria and in the Court of Justice of the European Union.

As a lawyer who works in the field of copyright and trademarks, as well as a patent attorney and trademark attorney in Bulgaria, Mr. Atanas Kostov leads one of the most interesting and controversial cases in Bulgaria related to copyright, trademarks, patents, industrial designs and unfair competition, which practically built the modern jurisprudence in this area. Lawyer Kostov is a consultant in the field of copyright and "free set Software Foundation" Europe (Free software foundation Europe), of open source systems under the GPL (General public license) and of concluded in connection with this licensing agreements (contracts). In this context Mr.Kostov as a lawyer has long-term deals with the problems of the so-called "Internet law" protection of domain names as trademarks, copyright protection of the content of websites, creation of common conditions for them, fraudulent practices and consumer rights on the Internet and etc.

As a Bulgarian patent and trademark attorney Mr.Atanas Kostov has extensive experience in litigation before the Commission for Protection of Competition (CPC) and the Supreme Administrative Court (SAC) related to disputes concerning unfair competition against public procurement, antitrust law and agreements, business concentration and monopoly market position.

Novelty and originality of the industrial design. Practical problems and solutions.

Following recent amendments to the Law on Industrial Designs ( ZPrD ) , entered into force on 12 February 2011. , The Patent Office has not made ex officio examination of absolute grounds regarding how a declared design meets the mandatory requirements of the novelty and referred down in Article 12 and Article 13 of ZPrD . In the previous edition of the Design Act and its previous Article 37 (from SG 81 of 14 September 1999 . To Am . - SG . 73 of 2006 , effective 06.10.2006 , amended . - SG . 35 of 2010 , in force from 12.02.2011 ) was expressly provided that the substantive examination should verify all applied for and the earlier identical designs on the territory of the Republic of Bulgaria, and globally in order to give an opinion on the case of Article 3, Article 11, Paragraph 2, Article 12 and Article 12 , paragraph 2 of ZPrD . If in this context, the expert discovered grounds for refusal of registration of the design, or part thereof , the applicant shall be informed of the reasons for the Patent Office and shall be provided a three month period for objection. After Discussed changes from 2011. in ZPrD of expertise is essentially passed to the registration system of the design applied by national order. This new legislation was enforced mainly due to the need for harmonization of national legislation with the system of registration of Community designs pursuant to Regulation № 6 /2002 EC .

Registration of patents in Bulgaria. Patent attorney in Bulgaria.

IUSAUTHOR law firm has been operating for many years in the field of registration, protection and consulting in the process of filing and prosecution of national and international patents.

In 2021 IUSATHOR was selected as the law firm of the year in Bulgaria.

A key consultant on the subject is Atanas Kostov, who is an industrial property attorney registered as such in the list of professional representatives at the Patent Office of the Republic of Bulgaria. Mr. Kostov has made an indisputable contribution to the doctrine, in view of his capacity as a lecturer in patent law and speaker at various seminars, as well as his numerous publications and articles, which are mainly intended to provide clarity on practical issues affecting patent law.

1. Patent registration in Bulgaria. Procedure.

The right to apply for a patent belongs to the inventor or his successor in title. An inventor who is a resident or has a registered office in the Republic of Bulgaria may file a patent application with the Patent Office either in person or through a Bulgarian industrial property agent. An applicant who does not have a domicile or registered office in the Republic of Bulgaria must file his invention application with the Patent Office through a local industrial property representative.

The filing date of the patent application shall be the date of receipt at the Patent Office of the patent application containing the name of the invention, the name and address of the applicant, the name and address of the inventor and a description of the invention disclosing its nature, claims, drawings (if necessary for clarification), and an abstract. A declaration of the actual inventors should also be submitted with the application in cases where the applicant is different from the actual inventor. If the patent application is filed through an industrial property representative, the name, address, contact telephone number and email of the representative shall be indicated in the application, and the representative's power of attorney shall be attached to the application. Where priority is claimed, the application shall indicate the number, date and country of the priority document. In such cases, a priority certificate shall be submitted with the application.

If the applicant for a patent is willing to grant a licence to it, a declaration of willingness to license shall also be attached.

The application must be accompanied by proof of payment of the application, formal examination, preliminary examination and eligibility, claim and priority fees, if any. The patent application documents shall be submitted in Bulgarian. Where the description, claims, drawings and abstract are submitted in another language, they shall be submitted in Bulgarian within three months in order to preserve the filing date. Any application for which the applicant is a Bulgarian citizen with a permanent address in the Republic of Bulgaria or a legal entity with its registered office in the Republic of Bulgaria shall be subject, within one month from the date of filing, to a security check for classified information.

Within 13 months from the date of filing of the patent application, or the priority date, the applicant may file a request for examination and examination. By filing the request, the applicant must pay a fee for examination and examination of the patent as well as a fee for publication of the application. Upon filing the application and paying the examination and examination fees, the application is published on the 18th month and subsequently examined and examined for novelty, inventive step and industrial applicability.

If the applicant fails to file a request for examination and examination of the patent or fails to pay the fees, he may file an application for transformation of the patent application into an application for registration of a utility model. This application must be filed no later than 15 months from the filing date of the application, or its priority date. If no such request is filed, the application shall be deemed to have been withdrawn. In practice, the registration of a patent can be completed in about 19 months if you work with a professional and he/she tries to strictly comply with all the deadlines specified by the Patent Office.

2. Registration of a utility model in Bulgaria. Procedure.

The right to apply for a utility model belongs to the inventor or his successor in title. The applicant who has a permanent address or registered office in the Republic of Bulgaria may file an application for registration of a utility model with the Patent Office in person or through a local industrial property representative. 

An applicant who does not have a permanent address or registered office in the Republic of Bulgaria shall file an application for registration of a utility model with the Patent Office through a local industrial property representative. The date of filing of the application shall be the date of receipt at the Patent Office of the following documents:

• an application for registration containing the name and address of the applicant, the name and address of the inventor, the name and address of the industrial property representative (if any), the number, date and country of the priority document (if priority is claimed);
• a description of the utility model;
• drawings (where necessary);
• abstract

The application must also be accompanied by:

• proof of payment of the application and examination fee;
• a power of attorney where the application is filed through an industrial property representative;
• a declaration of priority and a priority certificate, and the priority fee paid (if priority is claimed);
• declaration of the actual inventors;
• a statement of the particulars of the patent application, where the application is filed in accordance with Article 75b of the Patents ant utility models act.

The documents for the utility model application shall be submitted in Bulgarian. Where the description, the claims, the drawings and the abstract of the utility model are submitted in another language, the same shall be submitted in Bulgarian within three months in order to preserve the filing date.

The utility models are subjected to a check of the formal requirements and, if they are fulfilled, the registration procedure starts. Publication of the registered utility models is carried out. Examination and examination of a utility model may be carried out at the request of the applicant/owner or a third party during the validity of the utility model registration. In practice, the registration of a utility model can be completed in about 2 months if you work with a professional and he tries to strictly comply with all the deadlines indicated by the Patent Office.

3. The main services offered byIUSAUTHOR law office in this respect are:

- Patent clearance searches in Bulgaria and abroad: these are expert searches of the official patent registries and databases in order to determine whether the same (or similar) patent is not already considered to be legally owned by another person.

- Filing the patent claims and completing an application form for registration of a national patent or utility model and filing it with the Bulgarian Patent Office, respectively a European patent with the European Patent Office or an international patent under the PCT with the International Intellectual Property Organization (WIPO), together with a receipt for the registration fee paid.

- Advice on any disputes arising in the formal examination and substantive examination phases.

- Grant and publication of the patent.

IUSAUTHOR Law Firm offers you professional legal protection in court by a lawyer with significant experience in patent law in the person of Mr.Atanas Kostov, in case of conflict of interests concerning patents and utility models.

Please refer your question regarding the registration of patents and utility models in Bulgaria here: This email address is being protected from spambots. You need JavaScript enabled to view it. or at mobile phone +359888915215.

Trademark registration in European Union. Trademark attorney in EUIPO.

A European Union Trade Mark (EUTM) is any trademark which is pending registration or has been registered in the European Union as a whole (rather than on a national level within the EU).

The EUTM system creates a unified trademark registration system in Europe, whereby one registration provides protection in all 28 member states of the EU. The EUTM system is unitary in character. Thus, an objection against an EUTM application in any member state can defeat the entire application, an EUTM registration is enforceable in all member states.

The EUTM system is administered by the European Union Intellectual Property Office (EUIPO), which is located in Alicante, Spain (see also trade mark law of the European Union).

The Community trademark gives its proprietor a uniform right applicable in all 28 Member States of the European Union on the strength of a single procedure which simplifies trademark policies at European level. It fulfils the three essential functions of a trademark at European level: it identifies the origin of goods and services, guarantees consistent quality through evidence of the company's commitment to the consumer, and is a form of communication, a basis for publicity and advertising.

Software patents. International regulations. Software attorney in Bulgaria.

The topic of software patents proved controversial and very interesting in modern times due to the intermingling of serious business interests with consumer rights and the authors of the software works that need protection . On the other hand the existing problems relates purely legal collisions occurring in existing contradiction between the doctrine and the overlap in that rule concerning the copyright regulations of the software as a literary work (according to Article 10 of the Berne Convention - see . Editing from 1971 . ) As opposed to Anglo-Saxon principle view that software can be fit proprietary , ie patentable . The text of Article 10 of the " Berne Convention for the Protection of Literary and Artistic Works " is explicitly enshrined rule that " computer programs , whether in source or object be protected as literary works under the Convention ." Several years later, in standard conditions, the World Intellectual Property Organization , published in 1978, reflected the definition of the term " computer program " as " a series of instructions that are embodied in a machine readable medium , so as to make the machine that has the ability to process information , to indicate execute and achieve a particular function , task or result." It can be considered that this is the definition and the notion of "software." This conclusion was reached because of the fact that the title of "generic terms of "World Intellectual Property Organization is the " protection of computer software." Background This leads me to the view that the international system of software patents has developed in different countries of the world with different dynamics , the concept of their legislative framework is in change . They range from the initial installation of the software as being fit first object of copyright and then patent law , to modern - think highly exaggerated argument that software as a success of the creative industries and science should not be " monopolized " by patents business and has become one of the free and free achievements of society.

1.Software patents in the Anglo -Saxon patent system. Patent law of the United Kingdom at present is entirely consistent with the meaning of " European Patent Convention" , in this sense, computer programs are beyond the scope of patentability requirements . Case law of England , however, argues that the alleged invention can be viewed as a patent only if it provides a real contribution , which is of a technical nature . Therefore, a computer program concerning concepts for business process can not be registered as an invention , but a computer program to implement the industrial process may be suitable object of patent law.

The book "Copyright in Architecture" - authors Mr.Atanas Kostov  - copyright attorney and Mr.Jordan Pangev - attorney at law.

The Copyright and Related Rights Act addresses the most important issues concerning the rights of design architects. The enforcement of these legal norms has accumulated many inconsistencies and disputes that cause problems in the actual protection of copyright holders of architectural projects and works of architecture, and create ambiguities in the relationship between investors and authors - architects and civil engineers. And this circumstance does not correspond to the prevailing logic in Bulgarian copyright law.

The book offers an in-depth comparative legal analysis between Bulgarian law, the European and Anglo-Saxon legal systems. On this basis, the problems are defined and solutions are formulated both for action under the existing legal framework and for its correction. Model contracts have been developed that reflect models for resolving contractual relationships between authors of architectural works and their users. Thus, the publication will help to unify the practice and take appropriate legal action on the settlement of architectural rights - adequate to the current legal framework in Bulgaria.

Authors:
Mr.Atanas Kostov - lawyer, one of the leading copyright specialists in Bulgaria
Mr.Yordan Pangev - lawyer, intellectual property expert

The hottest blockchain startups in Bulgaria.

Bulgaria and local dev community haven’t been too vocal about this, but it seems that the country has an important stake in the global blockchain ecosystem. With a growing community around the technology (not the fading crypto enthusiasm), the global acceleration program of platform Aeternity for blockchain startups and the investment company Belayer based in Sofia, a Balkan Blockchain Association seem to be well positioned on the map.

Currently, there are around 30 companies in Bulgaria, both service and product-oriented ones, which leverage blockchain technology in an attempt to develop viable products that serve real business needs. “The majority of blockchain companies right now are part of the transition from a centralized to a decentralized economy. A lot of them are still using decentralized components to solve problems but still have a centralized point of strategic decision-making. The most interesting projects are the ones that change the whole paradigm and really manage to confirm the viability and sustainability of decentralized models of governance and operation. This will not happen overnight.”, Vladislav Dramaliev from aetertnity, told us.  Currently, there are around 30 companies in Bulgaria, both service and product, which leverage the blockchain tech in one way or another, in attempt to develop viable products that serve real business needs.

Here’s the list of the scalable product projects that might have found a way to utilize the technology to solve problems, instead of finding the problem for the blockchain solution. We’ve mostly looked at products beyond the crypto bubble. You can find below what is each of them doing.

The patent attorney Mr.Atanas Kostov - Coronavirus vaccine is patented.

In an interview on bTV, Mr. Atanas Kostov as a patent attorney said that researches and patents on coronavirus date back to 2003. There are quite different types of coronaviruses and scientists around the world have been working on the subject for quite some time. "I began to investigate for personal interest whether there were patents in the field," said Mr.Kostov.

 "I came across one of the latest patents, which is from 2014. The research team working on it is English, and behind it is an English university". Mr.  Atanas Kostov explain on BTV this Sunday, that English scientists work on patent, who covers the coronavirus to protein 16. The modern coronavirus is a three-protein mutation on top, which is not what the patented vaccine was patented for" he said. 

"The vaccine I'm talking about is a specific coronavirus that is related to the treatment of bronchitis. Currently, the complications affect the respiratory system and the deaths end with pneumonia. Perhaps that is where scientists' efforts should be directed " Mr.Atanas Kostov said. According to him, it is obvious that the British scientists are making progress on the subject and most likely there will be a positive result. 

In some articles, British scientists pretending that they are on the verge of finding a treatment solution for the modern coronavirus and a vaccine for it.

Artificial intelligence patents. Law practice. 

The topic of artificial intelligence is still not present in Bulgarian law as something normative and practical, which is on the legislative agenda in the 21st century, not only for technological and legal reasons, which undoubtedly determines the future of the innovative sector and through it the public, business and personal life of every modern person. The latest research on the subject in many of the world's advanced technology countries has shown that it is not far off the time when besides the afternoon chess game with some electronic device, artificial intelligence will be issued with instant visas, will be approved faster and secure (personal data - finger, face recognition) bank credits, national and cross-border (eg European) elections will be held and health services will be provided. Other studies have shown that artificial intelligence will replace many professions - lawyers, notaries, bailiffs, judges, revolutionize medical precision and monitoring, robotize our industry, services and lifestyle, thus putting new intellectual, philosophical and psychological challenges to everyday life and perhaps to the relationships between us - human beings. Realizing the inevitability of all this, many companies operating in different spheres of social and business life began to develop dynamic and focused inventions based entirely on artificial intelligence. Taking this into account, I want to pay close attention to this statement of these patents, driven by my belief that today's inventions in the area of ​​Artificial Intelligence (AI) are the basis of our more interesting tomorrow.

1.Historical development. Artificial Intelligence (AI) appeared in the 1950s, with the first mention of the term coming from a summer 1956 research project of Dartmouth College, New Hampshire, USA. A year earlier, in 1955, John McCarthy, a young assistant professor of mathematics at Dartmouth College, decided to organize a group for exploring and developing digital thinking machines. McCarthy selects the name "Artificial Intelligence" as a "new field" of scientific search. It presumes mostly neutral neutrality in order to avoid focusing on the narrow theory of automation and cybernetics, as already known achievements of analog technology. In early 1955, Mr. McCarthy turned to Robert Morrison, director of biological and medical research at the Rockefeller Foundation, to request funding for the Dartmouth summer seminar for about 10 mathematicians. On 2 September 1955, the project was officially presented to the board members under the notion of "artificial intellect".

Unfair competition in Bulgaria. Unfair competition attorney in Bulgaria.

Unfair competition is any act or omission in the performance of economic activity, which is contrary to good commercial practice and harm or may harm the interests of competitors in their relations or in their dealings with consumers.

Commission for Protection of Competition is the authorized state body which implements the Law on Protection of Competition, Law on Public Procurement and Concessions Act. CPC activities is related to the infringement of free competition, the provisions of Art. 81 and Art. 82 of the Treaty establishing the European Community, cooperation with the European Commission and other national competition authorities of the Member States of the European Union under Regulation (EC) № 1/2003 and Regulation (EC) № 139/2004, performing sectoral analysis and advocacy for competition. Under the Law on Public Procurement and Concessions Act, the Commission handles complaints regarding nezakonosaobraznostt decisions, actions and omissions of the contractors or conceding in the award of a public contract or concession.

Acts and omissions constituting unfair competition are the following: 

Damage to the reputation and credibility of the competitors, and they offer goods or services by stating or disseminating untrue information, and by presenting the facts in a distorted form.

Attributing through advertising or otherwise non-existent qualities of the goods or services in comparison with the goods or services of competitors and attributing existing deficiencies of the goods or services of competitors.

Deception through omission or concealment of material defects or dangerous characteristics of the goods or services.

Imitation by offering or advertisement of goods or services with appearance, packaging, labeling, name or other characteristics which mislead or may mislead as to the origin, manufacturer, seller, manner and place of manufacture, source and way of acquisition or use, quantity, quality, nature, consumer characteristics and other essential characteristics of the goods or service.

Unfair attracting customers through the implementation of unfair competition aimed at attracting clients resulting in termination or violated contracts with competitors.

Prohibition of disclosure of manufacturing or trade secrets through learning, use or disclosure of a trade secret in contradiction with fair trade practice.

What else offers office for the protection of intellectual property "IUSAUTHOR" in connection with konkuretntnoto law and public procurement:

- Legal advice in relation to procurement. 

- Public Procurement Review the CPC.

- Competitive aspects of franchising and licensing agreements

- Consultations with cartel law

- Consultations with the concentration of economic activity

- Oral and written consultations, preparation of pleadings and procedural safeguards implemented in connection with the production Protection sreshtuneloyalna competition, the Commission for Protection of Competition in Sofia.