THE BULGARIAN PATENT OFFICE REFUSES TO RESPECT DEADLINES

The Patent office of Republic of Bulgaria refuses to respect statutory deadlines. With a letter 70-00-9608 from 13.09.2010 they inform us: „Regarding the implementation of the statutory deadlines, I inform you, that there are several types of deadlines in the law – suspensive, preclusive and instructive. The instructive deadlines are characteristic of the administrative process, […]

The Patent office of Republic of Bulgaria refuses to respect statutory deadlines. With a letter 70-00-9608 from 13.09.2010 they inform us:

„Regarding the implementation of the statutory deadlines, I inform you, that there are several types of deadlines in the law – suspensive, preclusive and instructive. The instructive deadlines are characteristic of the administrative process, which results from the need to study and completely to highlight the reasons, facts and circumstance, necessary for the objective and legitimate judgment of the competent authority. With their expiration, contrary to the preclusive deadlines, the right of the administrative authority to issue an IAA (Individual Administrative Act) is not canceled. Such are the deadlines, provided for in LTGI, regarding the enacting a decision on an appeal against a refusal for registering an application for a trademark. Therefore, although the deadline for stating a decision on the appeal has expired, the duty of the President of BPO to enact a decision on it has not dropped.”

IP Bulgaria considers that position of the State Administration as strange.

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