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10.09.2017

IP Precedent Win for KP

After 10 years of representation of one of Bulgaria’s leading TV producers - Global Group, before various Bulgarian court instances, KP recently achieved an important success that marks the end of a landmark IP dispute. The matter in question is a copyright infringement case involving the free use of parodied excerpts from the notorious TV talk show “Slavi Trifonov’s show”(bTV) in the comic TV show “Gospodari na efira”. The case has important EU implications as free use for parody is allowed under art. 5 (3) (k) of the Copyright directive 2001/29/EC while not explicitly allowed under Bulgarian law. KP’s IP team achieved a favorable final decision by the Bulgarian Supreme Court of Cassation, which states that the free use of parodied excerpts as a form of critique is shielded by the citation exception. The dispute and the final judgement create a precedent in Bulgarian case law, as well as in the local media market.