General Information | Patents of Invention
Trade & Service Marks | Industrial Designs | Domain Names
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General Information

Area: 93,036 sq. km.
Population: 10,142,000 inhabitants (estimated 2003).
Capital: Budapest.
Language: Hungarian.
Currency: Forint.

GENERAL REMARKS

In the structure of the Hungarian economy the industry, especially construction engineering, has a basic role. 30,2% of the gross national value added is produced in that field. 2,14% is coming from the commerce and tourism and 44,7% from other services. Agriculture produces 3,7%. The number of employees is about 3,5 million and the average rate of unemployment has been 5-6% in the last 10 years. New member of the European Union as of May 1, 2004.

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Patents of Invention

LEGAL BASIS

• Patent Law No. XXXIII of 1995, in force since January 1, 1996, as modified by Law XXXIX of 2002 enacting, among others, the EPC.
• Decree No. 20/2002 (XII.12) (IM) on Rules of formal requirements of patent applications, in force since January 1, 2003.
• Decree No. 42/2002 (XII.28) (GKM) on fees of the proceedings before the Hungarian Patent Office (HPO), in force since January 1, 2003.
• Law No. L of 2002 on Enactment of the Convention on the Grant of European Patents.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention for the Protection of Industrial Property, 1883, Stockholm Act of July 14, 1967.
• Patent Cooperation Treaty of June 19, 1970 (PCT) in force since June 27, 1980.
• Budapest Treaty of April 28, 1977, on the Acknowledgement of Filing Microorganisms for Patent Procedures.
• European Patent Convention of October 5, 1973, in force since January 1, 2003.

FILING REQUIREMENTS

• Power of Attorney, signed by the applicant, no legalization required (can be filed later);
• Assignment (if the applicant is other than the inventor(s)), no legalization required (can be filed later);
• Assignment of priority right (if the applicant is not the applicant of the priority application, and not the inventor), no legalization required (can be late filed);
• Application documents in Hungarian, English, German or French comprising specification, claim(s) and abstract; Hungarian translation thereof can be filed later;
• Formal drawings, if applicable;
• Priority document(s), if applicable, with a translation in English, German or French, no legalization required (should be filed within four months from the filing date; no extension of term is possible).

REMARKS

National Phase of PCT: under Chapter I: 31 months; under Chapter II: 31 months.
Validity: 20 years from the filing date.
Annuities: are accumulated and due on the day of publication.
Opposition: not provided for.

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Trade and Service Marks

LEGAL BASIS

• Law No. IX of December 23, 1969, in effect as of July 1, 1970.
• Decree No. 2 of July 1, 1970 (OMFB- IM) on the enforcement of the Trade Marks Act.
• Decree No. 4 of July 1, 1970, on Court Procedure in trademark cases.
• Notice No. III of 1970 of National Office for Inventions on Rules of formal requirements concerning trademark applications.
• "Trademark Act", Act XI of 1997, Magyar Közlöny 1997/27, effective as of July 1, 1997.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Madrid Agreement for the International Registration of Marks (1891), Stockholm Act 1967.
• Madrid Protocol.
• Nice Agreement for the International Classification of Goods and Services for the purposes of the Registration of Marks (1957), Stockholm Act 1967.
• Madrid Agreement for the Repression of False or Deceptive Indications of Source of Goods (1891), Stockholm Act 1967.

FILING REQUIREMENTS

• Name and address of applicant;
• Specification of goods and/or services (international classification);
• Power of Attorney, signed by the applicant (no legalization, late filing possible);
• 10 prints of the mark (only for device marks);
• If priority is claimed, priority document must be filed within three months after filing date.

REMARKS

Kinds of protection: trade marks comprising a word or device or a combination of both, two and three-dimensional designations. Service marks are registrable.
Classification: International.
Obligation to use the registered mark: compulsory. Non-use during any five-year period of effective registration allows any interested party to require cancellation of the registration. Cancellation ex officio on the basis of non-use is excluded.
Duration – renewals: 10-year period from the filing date, renewable for further periods of ten years.
Opposition: not provided for but comments may be filed after publication.

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Industrial Designs

LEGAL BASIS

• Law No. XLVIII of 2001 on Protection of Industrial Designs.
• Decree No. 19/2001 (XI.29), (IM) of the Minister of Justice on Rules of Formal Requirements in Industrial Design cases.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Locarno Agreement establishing an International Classification for Industrial Designs of October 8, 1968, since January 1, 1974.
• Hague Agreement on the International Classification for Industrial Designs, since April 7, 1984.

FILING REQUIREMENTS

• Subject of the design and the article on which the design is to be used;
• Power of Attorney signed by applicant; no legalization;
• Assignment of priority right;
• 3 identical drawings or photographs (size: 9 x 12 cm), showing the design in several views, if necessary; if colors are claimed, drawings (photographs) must be colored;
• Priority document.

REMARKS

Duration - renewals: 5 years. Can be extended for four additional 5-year periods.
Opposition: not provided for.

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Domain Names

LEGAL BASIS

• There is no specific legislation on country code top-level domain names.

FILING

• ccTLD: .hu
• Applicant: Hungarian individuals and legal entities. Foreigners can apply for domains if they have registered a trademark with the Hungarian PTO.
• Local Presence: required.

REMARKS

Duration – renewals: depends on appointed Registrar. Usually one year, renewable.
Uniform dispute resolution procedure: none.

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If you wish more detailed information concerning intellectual property protection in this territory please contact us or order Katzarov’s Manual on Industrial Property®.

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