Tenders Are Invited For Exercise Of Author Supervision For Site: Rehabilitation And Partial Reconstruction Of Municipal Road Mon 2111/Iii-102, Beli Mel-Montana/-Vidlitsa-Chemish-Kamenna Riksa (E79), From Km 0+000 To Km 3+060 Georgi Municipality Damyanovo

The Subject Of The Public Procurement Is The Implementation Of Copyright Supervision By The Designer During Construction, Which Is Related To Intellectual Property Rights, According To Art. 191, Paragraph 1, Item 2 Of The Law On Public Procurement. For The Site: Rehabilitation And Partial Reconstruction Of The Municipal Road Mon 2111/Iii-102, Beli Mel-Montana/-Vidlitsa-Chemish-Kamenna Riksa (E79), From Km 0+000 To Km 3+060 Georgi Damyanovo Municipality Has Prepared And Agreed Work Investment Projects. According To Art. 162, Para. 1 Of The Zut, A Designer Is A Natural Or Legal Person, Including In Its Composition Natural Persons Possessing The Necessary Legal Capacity As A Designer. Pursuant To Art. 162, Para. 2 Of The Zut, The Designer Must Exercise The Authors Supervision During Construction Under The Conditions And According To The Order Determined By The Regulation Under Art. 169, Para. 4, And Based On A Contract With The Contracting Authority. The Authors Supervision Of All Parts Of The Project Is Mandatory For All Constructions From The First To The Fifth Category Inclusive, Where The Object Falls Under The Subject Of The Order. According To Art. 162, Para. 3 Of The Zut, The Instructions Of The Designer, Related To His Copyright, For The Exact Observance Of The Investment Project Made By Him, Are Entered In The Order Book And Are Mandatory For The Other Participants In The Construction. The Contracting Authority Is Obliged To Assign The Authors Supervision To The Person Who Prepared The Project. Objects Of Copyright According To Art. 3, Para. 1, Item 8 And Para. 3 Of Zapsp Are Approved Architectural Projects, Approved Structural Planning Projects, Maps, Schemes, Plans And Others Relating To Architecture, Territorial Planning, Geography, Topography, Museum Work And Any Field Of Science And Technology. The Subject Of Copyright May Also Be A Part Of A Work Under Para. 1 And 2 (Zapsp), As Well As Preparatory Sketches, Plans And The Like. According To Art. 18. Para. 1 Of The Zapsp, The Author Has The Exclusive Right To Use The Work Created By Him And To Allow Its Use By Other Persons, As Use In The Sense Of This Provision Is Considered The Actions Under Art. 18, Para. 2, Item 9 Of Zapsp - The Realization Of An Architectural Project By Building Or Making The Object For Which It Is Intended. Since The Designer Is The Bearer Of His Copyright By Virtue Of The Zapsp, The Assignment Of Copyright Supervision During Smr Should Be Done In Accordance With Art. 191, Paragraph 1, Item 2 Of The Civil Procedure Code - Awarding The Public Procurement To Another Person Is Impossible Due To The Existence Of Copyright Or Other Intellectual Property Rights, Or Exclusive Rights Acquired By Law. Assigning Copyright Supervision To Persons Other Than The Designers Would Lead To A Violation Of Copyright Under Art. 3, Para. 1, Item 8, Para. 3, Art. 18, Para. 1 And Para. 2, Item 9 Of The Zapsp And Until Failure To Fulfill Obligations Under Art. 162 Of The Zut, Which Requires The Award Of The Public Contract In Accordance With Art. 191, Paragraph 1, Item 2 Of The Civil Code.