The Ministry of Foreign Affairs of the Republic
of Bulgaria presents its compliments to the Embassy of the United
States of America in Sofia and has the honor to refer to the recent
consultations between Republic of Bulgaria and the Government of the
United States of America regarding the protection and enforcement of
intellectual property rights in the Republic of Bulgaria. These
consultations, both in Sofia and Washington, were useful in clarifying
current Bulgarian law and practice and underscoring the strong
commitment of the Bulgarian Government to providing adequate and
effective intellectual property protection.
Recognizing that such protection promotes
creative and innovative activity and enhances trade and technological
development, Republic of Bulgaria wishes to confirm the following:
1. The Republic of Bulgaria will, on a priority
basis, accede to the Geneva Convention for the Protection of Producers
of Phonograms against unauthorized duplication of their phonograms
(1971).
2. The Republic of Bulgaria does and will
continue to provide full protection for United States and other
eligible foreign sound recordings published within the last fifty
years.
3. In order to ensure that no importation,
exportation, manufacture or distribution of a copyrighted work or
sound recording in CD, LD or CD-ROM format or an audiovisual work in
video format (the "verified works") takes place without the
consent of the right holder, the Republic of Bulgaria will establish
within three months from the date of this understanding a verification
procedure that includes the following elements:
A. Persons or legal entities wishing to import,
export, manufacture, or distribute verified works shall be required to
submit documentation stating their right to do so to the Ministry of
culture at least ten working days prior to such planned distribution.
The documentation shall at least identify the applicant, the right
holder, the work, the rights granted by the right holder, and the
quantity at issue.
B. The Ministry of Culture will, within one
working day, forward this documentation to right holder organizations
that have expressed an interest in reviewing the documentation. A
one-time request to review a type of documentation (e.g.,
documentation related to sound recordings) will be sufficient to
receive all documentation of that type. A failure to object to
documentation will not preclude or affect a later action for
infringement of copyright or neighboring rights.
C. The Ministry of Culture will assign to the
manufacturers of compact discs, CD-ROMs and laser discs a unique
identifier that must be imprinted in a readily observable location and
manner on every compact disc, CD-ROM and laser disc they produce.
D. The Ministry of Culture will instruct the
applicant not to proceed with the activity in the event a right holder
organization challenges the accuracy of the documentation within five
days of its receipt of such documentation. The Bulgarian Government
may establish a mechanism to resolve disputes as to the accuracy of
the documentation where the challenge is disputed.
E. The Republic of Bulgaria will ensure that
violations of these verification procedures or of orders issued by the
Ministry of Culture in accordance with these procedures will be
punished with sufficient severity to create a significant deterrent to
future violations. Possible sanctions will include at least
significant monetary fines, and the seizure and destruction of the
goods at issue.
4. The Republic of Bulgaria will continue, on a
priority basis, to take steps to ensure that effective criminal and
administrative penalties are provided under its laws and regulations
to create a significant deterrent to violations of its law on
copyright and neighboring rights. To this end Bulgaria will ensure at
least that (1) the anti bootleg unauthorized fixation of a live
performance, (2) the unauthorized reproduction, manufacture, sale,
rental or importation of a copyrighted work or sound recording, and
(3) the unauthorized public performance of copyrighted work shall be
punishable under the penal code through imprisonment, monetary fines
(that are adjusted from time to time to account for inflation),
mandatory seizure and destruction of the products of the infringement,
and seizure of materials and machinery used in the offense.
5. The Republic of Bulgaria intends to designate
an office in the Ministry of Culture to coordinate the activities
contemplated by this understanding, including efforts to stop the
importation, exportation, manufacture and distribution of infringing
products. This office will also promote through educational programs,
publicity campaigns and the like the importance of intellectual
property protection to Bulgarian right holders and the Bulgarian
economy.
6. The United States will offer technical
assistance to help strengthen the Republic of Bulgaria's intellectual
property enforcement regime.
If the above-mentioned corresponds to the
understanding of the Embassy of the United States, this Note and the
Note of Confirmation from the Embassy of the United States constitute
an agreement between our two governments. The agreement, consisting of
this exchange of Notes, enters into force from the date of the
response of the Embassy of the United States of America.
The Ministry of Foreign Affairs of the Republic
of Bulgaria seizes the occasion to renew to the Embassy of the United
States of America in Sofia the assurances of its highest
consideration.
The Embassy of the United States of America has
the further honor to confirm that your Note and this reply constitute
an understanding between our two Governments.