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FRANCE

Since February 1978

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
France is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

FRANCE

Since May 2001
Since July 1992, last amended in May 2022

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Directive 2001/29/EC

Intellectual Property Code (Code de la propriété intellectuelle)
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. L122-5 of the French Intellectual Property Code establishes far-reaching copyright exemptions, including private reproductions, analyses and critiques, parodies, and pedagogical uses.
Coverage Horizontal

FRANCE

Since March 2010

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
The European Union and France have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'FR')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"77948"},{"post_id":"77949"},{"post_id":"77950"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'FR')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'FR')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"EU"}]

FRANCE

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)
0.84%
Coverage rate of zero-tariffs on ICT goods (%)
82.97%
Coverage: Digital goods

BULGARIA

Since June 2014
Since June 2006, as amended in July 2014

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU

Consumer Protection Act of 25 July 2014, amending the Consumer Protection Act of 10 June 2006 (Закон за защита на потребителите)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Consumer Protection Act of 25 July 2014. This includes comprehensive obligations to inform consumers about distance sales, a right to withdraw and rules on the recognition of digital signatures.
Coverage Horizontal

BULGARIA

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Bulgaria has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

BULGARIA

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Bulgaria 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

BULGARIA

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Bulgaria 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

BULGARIA

Since 2018

Pillar Online sales and transactions  |  Sub-pillar Restrictions on domain names
Terms and conditions for domain name registration and support in the .bg zone and sub-zones
Under Art. 3 of the Terms and Conditions for Domain Name Registration and Support in the ".bg" Zone and the Sub-Zones, only Bulgarian and EU natural and legal persons can register a ".bg" domain, as well as foreigners with a right for permanent residence on these territories. Entities that do not meet these conditions must act through a representative that does.
Coverage Horizontal

BULGARIA

Since August 1993, last amended in December 2023
Since May 1968, last amended in October 2022
Since April 2004

Pillar Intermediary liability  |  Sub-pillar Monitoring requirement
Copyright and Neighbouring Rights Act (Закон за авторското право и сродните му права)

Criminal Code (Наказателен кодекс)

Corrigendum to Directive 2004/48/EC on the enforcement of intellectual property rights
Under the Law on Copyright and Neighboring Rights (LCNR) and the Criminal Code (CC), it is illegal to “upload (reproduction), distribute and make available (broadcast), transmits infringing content” on the Internet. Art. 172а (1) of the Criminal Code states that “every person who uploads (reproduces), distributes and makes available infringing content or transmits, or makes any other use of the object of a copyright or neighbouring right without the consent of the rights holder as required by law, shall be punished by up to five years imprisonment and a fine up to BGN 5,000” (approx. USD 2,530). Art. 2 (3-5) of the LCNR defines the terms “upload (reproduction)”, “distribute” and “make available (broadcasting)”. Both the Internet providers hosting the infringing materials and the end users who upload (reproduce) may be held liable under this provision because the law does not make any difference on how the infringement is made, and “every person” may be held liable under this provision.
There is a contradiction between the applicable Rules of Civil Procedure and the LCNR, which requires a pending civil proceeding to be initiated before identification of infringers may be requested. In contrast, rules of civil procedure do not allow a court to open a civil case without the identification of the defendant, at least by name. This means that while Bulgarian law implements the right of information provided by Art. 8(1) of the EU Enforcement Directive, its exercise is hindered by civil procedure rules.
Coverage Internet providers

BULGARIA

Since March 2012

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Gambling Act (Закон за хазарта)
According to Arts. 3-4 of the Gambling Act, online gambling providers must apply for a licence, which can only be granted to companies established in the EU, the European Economic Area or Switzerland. The Gambling Commission can order internet service providers to block unlicensed foreign online gambling sites.
Coverage Online gambling

BULGARIA

Since March 2010, entry into force in May 2010, last amended in 2018
Sine July 1999, as amended in December 2020

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)

Radio and Television Act (Закон за радиото и телевизията)
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. Art. 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 by facilitating access to such works using any appropriate means to ensure their prominence. 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 Bulgaria, the EU Directive was transposed into domestic law through the amendment of the Radio and Television Act of December 2020 (SG No. 109 of 2020). According to Art. 19 of the Act, providers of on-demand audiovisual media services must ensure that at least 30% of their catalogues consist of European works, which must be given prominence. The share of European works is calculated on an annual average basis, based on the number of titles in the service's catalogue.
Coverage On-demand audiovisual service

BULGARIA

Since May 2014
Since March 2018

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks

Electronic Communication Networks and Physical Infrastructure Act (ECNPIA) (Закон За Електронните Съобщителни Мрежи И Физическа Инфраструктура)
It is reported that passive sharing is mandated and practised in both mobile and fixed sectors based on commercial agreements. The Communications Regulation Commission may impose on undertakings with significant market power an obligation to provide access to and use of necessary network elements and/or facilities, inter alia, in situations where the denial of access or setting of terms and conditions having a similar effect to denial, would hinder the emergence of a sustainable competitive market of retail services or would be detrimental to end-users. Additionally, with the Electronic Communication Networks and Physical Infrastructure Act (ECNPIA), which transposed Directive 2014/61/EU into national law, obligations for access to physical infrastructure are imposed on all electronic communications network operators and utility companies.
In addition, Directive 2014/61/EU (Art. 3.2) establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator must meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Coverage Telecommunications sector

BULGARIA

Since November 2004

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
Bulgartel (established in November 2004) is a wholly state-owned telecommunications company. The company's shares are divided between Bulgartransgaz EAD (50%) and Electricity System Operator EAD (50%), both of which are also state-owned entities in Bulgaria.
Coverage Telecommunications sector

BULGARIA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Bulgaria does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, by Decisions No. 356 and No. 357, the Communications Regulation Commission (CRC) imposed account separation obligations on three operators (BTC, Telenor, and A1) in the relevant markets. The CRC determines the format and methodology for introducing and implementing accounting separation by Decision No. 1882.
Coverage Telecommunications sector

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