BG | EN

RECENT INTERPRETATIVE DECISIONS OF THE SUPREME COURT OF CASSATION

 INTERPRETATIVE DECISION 2/2022г.dated March 14, 2023 it was decided in interpretive case No. 2 on the inventory for 2022 of the General Assembly of the Commercial Division on the following issue:

&bdquoIs it grounds for suspension pursuant to Art. 229, paragraph 1, item 4 of the Civil Procedure Code of proceedings on claims with a legal basis, Art. 57 of the Law on Industrial Design in connection with the violation of industrial design rights, the existence of pending administrative court proceedings on appeal of the decision of the Chairman of the Patent Office of the Republic of Bulgaria to cancel the registration of the same industrial design?“

On the question posed, the General Assembly of the Commercial Division of the Supreme Court decided:

The presence of proceedings pending before an administrative court on an appeal against the decision of the Chairman of the Patent Office of the Republic of Bulgaria to delete an industrial design is grounds for suspending the proceedings on claims with a legal basis in accordance with Article 229, Paragraph 1, Item 4 of the Civil Procedure Code Article 57 of the Law on Industrial Design.