INITIATIVE OF IP BULGARIA

Once acquainted with the suggested REGULATION FOR CONSIDERATION OF OPPOSITIONS UNDER THE LAW ON PATENTS AND REGISTRATION OF UTILITY MODELS, we would like to turn your attention to the fact that in the suggested text there is no regulation of the mechanism for determining the body of experts who will consider the oppositions. This regulation is essential having in mind the existence of special provisions in the Law – „the body to consist of experts from the Opposition department”, and it is also necessary the concerned parties to be able to countermand an expert because of his involvement with the case. Likewise, it is highly imperative to specify the participation of heads of departments and directors of directorates in these bodies – whether this is acceptable and if acceptable, can they undersign as experts, although they have another permanent function and is it possible these heads and directors to be part of the body, but not its head, i.e. to be guided by their direct subordinates. An explicit text is needed, which prohibits the participation in the body for opposition of an expert, who had previously taken part in the decision opposed.