BULGARIA
Since May 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Bulgaria has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
BULGARIA
Since May 2001
Since January 2001
Since January 2001
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Directive 2001/29/EC
Copyright and Neighbouring Rights Act
Copyright and Neighbouring Rights Act
There is no general principle for the use of copyright protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional, but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.
Art. 23 of the Copyright and Neighbouring Rights Act specifies a series of exceptions, including scientific research, educational uses, analysis and comment and news coverage. Art. 25 provides an exception for private copies.
Art. 23 of the Copyright and Neighbouring Rights Act specifies a series of exceptions, including scientific research, educational uses, analysis and comment and news coverage. Art. 25 provides an exception for private copies.
Coverage Horizontal
BULGARIA
Reported in 2018, 2021
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate protection of copyright online
It is reported that Bulgaria presents an inadequate prosecution efforts, lengthy procedures, and insufficient criminal penalties when it comes to fighting online piracy. In addition, it is reported that the rate of unlicensed software installation in the country was 57% in 2017 (same as the rate of the Central and Eastern European countries), for an estimated commercial value of unlicensed software of USD 72 million.
Coverage Horizontal
BULGARIA
Since May 1984
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty
Bulgaria is a signatory of the Patent Cooperation Treaty.
Coverage Horizontal
BULGARIA
Since June 1993, last amended in October 2020
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Act on Patents and Registration of Utility Models
Art. 3 of the Act on Patents and Registration of Utility Models requires applicants that are not established in the EU, the European Economic Area (EEA) or Switzerland to act before the Patent Office through a lawyer or an industrial property representative.
Coverage Horizontal
BULGARIA
Since March 2004, last amended in February 2014
Since December 2019
Since December 2019
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
Rules for the implementation of the Public Procurement Act (Правилник за прилагане на Закона за обществените поръчки)
Public Procurement Act (Закон за обществените поръчки)
Rules for the implementation of the Public Procurement Act (Правилник за прилагане на Закона за обществените поръчки)
Public Procurement Act (Закон за обществените поръчки)
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In 2019, the Directive has been transposed with the Rules for the implementation of the Public Procurement Act, as well with the Public Procurement Act.
In 2019, the Directive has been transposed with the Rules for the implementation of the Public Procurement Act, as well with the Public Procurement Act.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment
BULGARIA
Reported in 2021
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that the lack of transparency is a challenge for public procurement procedures in Bulgaria, especially for foreign bidders, including with respect to overly narrow definitions of tenders, and implicit biases in favor of local vendors and state-owned enterprises.
Coverage Horizontal
BULGARIA
Since January 2014
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Act on the Economic and Financial Relations with Companies Registered in Preferential Tax Regime Jurisdictions, the Persons Related to Them and Their Beneficial Owners
The "Act on the Economic and Financial Relations with Companies Registered in Preferential Tax Regime Jurisdictions, the Persons Related to Them and Their Beneficial Owners", stipulates that companies registered in the jurisdictions listed in §1 No. 64 of the "Supplementary Provisions of the Corporate Income Tax" may not participate in public procurement procedures. This includes a closed list of countries and territories, as well as all jurisdictions with which Bulgaria has no effective double taxation treaties and where taxes are lower than 40% of the taxes in Bulgaria. The ban includes "related parties" – notably shareholders. This restriction is waived when the owners of the company in question are "Bulgarian citizens and known to the public", if the company is publicly traded, or if the parent company is a media publisher and declared its owner.
Coverage Horizontal
BELGIUM
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Belgium has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
BELGIUM
Since June 2014
Since February 2013
Since February 2013
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Code de droit économique, Droit de l'économie electronique, livre VI.-XII. Market practices and consumer protection, 2014
Code de droit économique, Droit de l'économie electronique, livre VI.-XII. Market practices and consumer protection, 2014
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the "Code de droit économique, Droit de l'économie électronique, livre VI.-XII. Market practices and consumer protection, 2014".
Coverage Horizontal
BELGIUM
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Belgium has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
BELGIUM
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Belgium has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
BELGIUM
Since March 2010, entry into force in May 2010, last amended in 2018
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Article 13(1) provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works through facilitating access to such works using any appropriate means to ensure prominence of European works. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
In Belgium, the EU Directive on Audiovisual Media Services is implemented in the three separate language communities. An example is the implementation in the French Community by the Conseil Supérieur de L'Audiovisuel (CSA). The Belgian CSA Recommendation on the promotion of European works does not impose specific shares of European works in the catalogue, but the recommendations consider aspects such as the presence of a substantial offer of European works, the composition of thematic catalogues etc. The promotion of European works in the catalogues should be ensured by using all promotion techniques possible, e.g. advertising inserts and other publicity measures in the electronic programme guide or on the website, a specific section dedicated to European works, etc.
Video-on-demand service providers have to contribute financially to the production and rights acquisition of European works. Financial contributions can be fulfilled by investing in the production or rights acquisition of European works or by transferring the amount to a Film Fund that is then redistributing the amount as production aid.
In Belgium, the EU Directive on Audiovisual Media Services is implemented in the three separate language communities. An example is the implementation in the French Community by the Conseil Supérieur de L'Audiovisuel (CSA). The Belgian CSA Recommendation on the promotion of European works does not impose specific shares of European works in the catalogue, but the recommendations consider aspects such as the presence of a substantial offer of European works, the composition of thematic catalogues etc. The promotion of European works in the catalogues should be ensured by using all promotion techniques possible, e.g. advertising inserts and other publicity measures in the electronic programme guide or on the website, a specific section dedicated to European works, etc.
Video-on-demand service providers have to contribute financially to the production and rights acquisition of European works. Financial contributions can be fulfilled by investing in the production or rights acquisition of European works or by transferring the amount to a Film Fund that is then redistributing the amount as production aid.
Coverage On-demand audiovisual service
Sources
- https://rm.coe.int/1680783dc7
- https://news.belgium.be/nl/omzetting-van-de-europese-richtlijn-audiovisuele-mediadiensten#:~:text=In%20het%20Belgisch%20recht%20wijzigt,waar%20zij%20volledig%20bevoegd%20zijn.
- https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0013&from=EN
- https://eur-lex.europa.eu/eli/dir/2018/1808/oj
- https://erga-online.eu/wp-content/uploads/2021/12/ERGA-SG1-2021-Report-Article-13_1.pdf
- Show more...
BELGIUM
Since 2005
Pillar Intermediary liability |
Sub-pillar User identity requirement
Electronic Communications Act of 13 June 2005
Providers of electronic communication services have the legal obligation to identify their customers, as regulated by the Electronic Communications Act.
Coverage Internet intermediaries
BELGIUM
Since July 2000
Since 2013
Since 2013
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for copyright infringement
Directive 2000/31/EC (e-Commerce Directive)
Book XII, Electronic Commercial Law, of the Belgian Code of Economic Law
Book XII, Electronic Commercial Law, of the Belgian Code of Economic Law
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbor. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
Book XII of the Belgian Code of Economic Law transposes the Directive 2000/31/EC. Chapter 6, "Liability of intermediary service providers", of the Belgian Code of Economic Law includes specific provisions related to a safe harbour for information service providers providing mere conduit, catching and/or hosting activities.
The Belgian Code of Economic Law does not require service providers to remove illegal content as long as they are unaware of their illegal nature. As soon as the provider is aware of the illegal content, there is an obligation to remove the content. Internet intermediaries are thus passive in their responsibility and liability for the content on their platforms.
Book XII of the Belgian Code of Economic Law transposes the Directive 2000/31/EC. Chapter 6, "Liability of intermediary service providers", of the Belgian Code of Economic Law includes specific provisions related to a safe harbour for information service providers providing mere conduit, catching and/or hosting activities.
The Belgian Code of Economic Law does not require service providers to remove illegal content as long as they are unaware of their illegal nature. As soon as the provider is aware of the illegal content, there is an obligation to remove the content. Internet intermediaries are thus passive in their responsibility and liability for the content on their platforms.
Coverage Internet intermediaries