Lexology In-Depth – Patent Litigation – Patent Litigation Bulgaria (EN)
EDITION 8
Contributing Editor
Trevor Cook
Bird & Bird LLP
In-Depth: Patent Litigation (formerly The Patent Litigation Law Review) provides a perceptive overview of patent litigation procedures in major jurisdictions worldwide, while also examining the practical implications of the most important recent court decisions. In addition, it offers useful insights into the current controversies that affect patent law generally.
Generated: October 16, 2024. The information contained in this report is indicative only. Law Business Research is not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this report and in no event shall be liable for any damages resulting from reliance on or use of this information.
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Introduction
Bulgaria’s patent system is bifurcated. Civil courts hear infringement disputes and invalidity proceedings are administrative. Pending invalidity proceedings constitute legal grounds for a stay of infringement proceedings.
Bulgarian patent case law is not very rich nor as well-developed compared to other European jurisdictions. There are no specialised patent courts and high-profile cases are scarce. More recently however a number of very interesting patent cases between original and generic pharmaceutical companies have been initiated in the pharmaceutical sector. They will certainly touch upon a number of issues that lac1 established national case law. More importantly, they are all related to analogous multi-jurisdictional disputes across and outside Europe that will contribute to building a better comparative picture.
Year in review
The past 18 months in Bulgarian patent litigation as noted above are characterised by patent cases in the pharmaceutical sector concerning invalidity actions by generic companies against the national counterparts of classic European patents of original medicinal products respective infringement cases and related preliminary injunction measures underta1en by the original medicinal products’ pharmaceutical companies. None of these cases have come to a definitive end.
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