BULGARIA
Reported in 2021, last reported in 2023
Pillar Intermediary liability |
Sub-pillar User identity requirement
Mandatory SIM card registration
It is reported that Bulgaria imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card.
Coverage Telecommunications sector
Sources
BULGARIA
Reported in 2018, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate protection of copyright online
It is reported that Bulgaria exhibits inadequate prosecution efforts, lengthy and inefficient procedures, and a lack of deterrent criminal penalties, particularly in the area of online piracy. Stakeholders have expressed concerns about notorious online piracy sites reportedly hosted in or operated from Bulgaria.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240401113652/https://ustr.gov/sites/default/files/2023-04/2023%20Special%20301%20Report.pdf
- https://web.archive.org/web/20230316090816/https://ustr.gov/sites/default/files/files/reports/2021/2021NTE.pdf
- https://web.archive.org/web/20231206061701/https://gss.bsa.org/wp-content/uploads/2018/06/2018_BSA_GSS_InBrief_US.pdf
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BULGARIA
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Bulgaria and the European Union have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. Bulgaria acceded to the Treaty on 29 March 2001, with its provisions coming into force on 6 March 2002. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.
Coverage Horizontal
BULGARIA
Since May 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Bulgaria and the European Union have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. Bulgaria acceded to the Treaty on 29 March 2001, with its provisions coming into force on 20 May 2002. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.
Coverage Horizontal
BULGARIA
Since June 2016
Since April 2019
Since April 2019
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)
Trade Secret Protection Act (Закон за защита на търговската тайна)
Trade Secret Protection Act (Закон за защита на търговската тайна)
The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. In Bulgaria, the Trade Secret Protection Act introduces a comprehensive protection framework for business secrets.
Coverage Horizontal
BULGARIA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.85%
Coverage rate of zero-tariffs on ICT goods (%)
75.05%
Coverage: Digital goods
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 (Закон за икономическите и финансовите отношения с дружествата, регистрирани в юрисдикции с преференциален данъчен режим, контролираните от тях лица и техните действителни собственици)
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
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 Implementing Rules of the Public Procurement Act, as well as by the Public Procurement Act.
In 2019, the Directive has been transposed with the Implementing Rules of the Public Procurement Act, as well as by the Public Procurement Act.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment
Sources
- https://web.archive.org/web/20220303180640/https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN#d1e7298-243-1
- https://web.archive.org/web/20240726225934/https://www2.aop.bg/wp-content/uploads/2021/05/ppzop-20210511.pdf
- https://web.archive.org/web/20220303153022/https://lex.bg/laws/ldoc/2136735703
- https://web.archive.org/web/20240301001209/https://www.lexology.com/library/detail.aspx?g=276feaf8-c91b-4b7d-8310-dad8134f3c4c
- https://web.archive.org/web/20220121131638/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52019XC0813(01)&from=EN
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BULGARIA
Reported in 2018, last reported in 2022
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 favour of local vendors and state-owned enterprises.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230919071254/https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
- https://web.archive.org/web/20231126221937/https://ustr.gov/sites/default/files/files/Press/Reports/2018%20National%20Trade%20Estimate%20Report.pdf
BULGARIA
Reported in 2022, last reported in 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Open environment for foreign investment
It is reported that in Bulgaria, there are no restrictions for domestic or foreign private entities to establish and own businesses. The Offshore Companies Act (not accessible online) prohibits companies in offshore jurisdictions with more than 10% foreign ownership from engaging in 28 specific activities, including banking and insurance. However, these companies may operate if the physical owners of the parent company are publicly known Bulgarian citizens if the parent company's shares are listed on a stock exchange, or if the parent company is registered in a jurisdiction with a double tax treaty with Bulgaria.
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 May 1984
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty
Bulgaria is a signatory of the Patent Cooperation Treaty.
Coverage Horizontal
BULGARIA
Since August 1993, last amended in December 2023
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 (Закон за авторското право и сродните му права)
Copyright and Neighbouring Rights Act (Закон за авторското право и сродните му права)
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
VIETNAM
Since November 2010
Since November 2005
Since November 2005
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Law on Protection of Consumers' Rights 59/2010/QH12 (Luật Số 59/2010/QH12 Bảo vệ quyền lợi người tiêu dùng)
Law on E-Transactions No. 51/2005/QH11 (Luật Số 51/2005/QH11 Giao dịch đIện tử)
Law on E-Transactions No. 51/2005/QH11 (Luật Số 51/2005/QH11 Giao dịch đIện tử)
The Law on Protection of Consumers' Rights and the Law on E-Transactions provide a comprehensive consumer protection framework that also applies to online transactions. The Law regulates the rights and obligations of consumers, the liability of organisations or individuals trading goods and/or services to consumers, the liability of social organisations in protecting the interests of consumers, resolving disputes between consumers and sellers, the liability of the State on the protection of consumers’ interests. In addition, the Law on E-transactions provides the legal framework for electronic signatures and e-transactions.
Coverage Horizontal
Sources
- https://web.archive.org/web/20210503084105/https://vbpl.vn/tw/Pages/vbpqen-toanvan.aspx?ItemID=10500
- https://web.archive.org/web/20240527130940/https://vanbanphapluat.co/law-no-51-2005-qh11-of-november-29-2005-on-e-transactions
- https://web.archive.org/web/20240127170118/https://unctad.org/page/cyberlaw-tracker-country-detail?country=vn
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