2023

Bulgaria is placed on the Watch List in 2023. In the 2022 Special 301 Report, the Office of the U.S. Trade Representative initiated an Out-of-Cycle Review of Bulgaria to consider the extent to which Bulgaria addressed deficiencies in its investigation and prosecution of online piracy cases, particularly its failure to adopt evidence sampling in criminal cases. Bulgaria did not adopt evidence sampling or other similar measures last year. However, Bulgaria’s Intellectual Property (IP) Rights Working Group did begin drafting possible legislative language that may improve the investigation and prosecution of online piracy cases in a way similar to evidence sampling. In addition, Bulgaria raised the maximum sentence for certain IP crimes from five years to six (a long-sought change that will enable police and prosecutors to use additional tools to investigate such offenses) and also created a new cybercrime department within the National Investigative Service, which will assume responsibility for investigating significant computer-based crimes. Long-standing IP enforcement concerns in Bulgaria continue to include inadequate prosecution efforts, lengthy and inefficient procedures, and the lack of deterrent criminal penalties, particularly in the area of online piracy. Stakeholders have raised concerns as to notorious online piracy sites reportedly hosted in or run from Bulgaria. The United States looks forward to continuing to work with Bulgaria to address these IP concerns.