12 February 2025
roadmap
bulgaria
Licensing agreements over European patents: national validation for Bulgaria
Patent litigation cases are gaining traction in the CEE region, with a notable emergence of cases in Bulgaria post COVID-19. This trend presents an opportunity to preliminarily assess the enforceability of IP rights held by licensees of European patents. This applies to both companies operating within integrated business models and independent licensees. The enforceability of European patent licence agreements hinges on compliance with both EU regulations and national laws.
While the European Patent Office provides a centralised system for voluntary registration, certain jurisdictions require the registration of licence agreements for European patents for them to be enforceable against third parties. Despite the lack of explicit provisions, a comprehensive analysis of applicable national regulations indicates that licence agreements for European patents must be registered with the Bulgarian Patent Office (BPO) to be enforceable against third parties.
The BPO handles submissions and operates a National Register of European Patents, providing public notice and legal certainty. The registration of the licence agreement is not regulated as an element of its factual constitution, i.e. it does not have a constitutive effect. Instead, it is left to the discretion of the rights holder to ensure its opposability to third parties. However, Bulgarian courts have yet to accumulate relevant case law on enforcing the applicable legislation and confirming the theoretical analysis.
The predictability of the enforceability of patent licence agreements is crucial in patent litigation cases. To improve their chances of success in proceedings, IP rights holders should conduct comprehensive international assessments of their active IP agreements and ensure compliance with relevant national legislation.
author: Hristo Hadzhiiliev
Hristo
Hadzhiiliev
Associate
bulgaria