site.btaLaw Amended to Exclude Agricultural Products, Foodstuffs from National Registration

Sofia, May 23 (BTA) - Bulgaria's Parliament Wednesday passed on first reading amendments to the Marks and Geographical Indications Act excluding from national registration agricultural products and foodstuffs falling under the scope of Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs.

Bulgaria risks incurring an infringement procedure if these provisions are not transposed, National Assembly Economic Policy Committee Chairman Peter Kunev MP of BSP for Bulgaria and Committee Deputy Chair Daniela Saveklieva MP of GERB stressed.

Under the provisions of the Regulation, Member States may not grant national protection to geographical indications of agricultural products and foodstuffs. To be protected within the territory of Member States, such designations of origin and geographical indications must be registered only at Union level.

With effect from the date of application for such registration at Union level, Member States should be able to grant transitional protection at national level without affecting intra-Union or international trade. The protection afforded upon registration should be equally available to designations of origin and geographical indications of third countries that meet the corresponding criteria and that are protected in their country of origin.

The bill repeals ex officio registration by the Bulgarian Patent Office when the geographical indication of the agricultural product or foodstuff is entered in the European register of protected designations of origin and protected geographical indications.

The draft legislation provides for the immediate termination of geographical indications of agricultural products and foods falling within the scope of the Regulation, as well as for the termination of pending proceedings on which there is no enforceable decision.