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 .