INTELLECTUAL PROPERTY RIGHTS IN HUNGARY
Opposition Term |
03 Months |
Registration Term |
10 Years |
First Renewal Term |
10 Years |
Subsequent Renewal Term |
10 Years |
The Trademark Act no. XI of 1997 - is the primary law governing the mechanism of trademark registration and protection in Hungary.
For getting a trademark registered in Hungary, an application has to be filed with the Hungarian Intellectual Property Office, which administers the entire trademark registration process.
It follows a ‘first-to-file’ system, which means that trademark registration is mandatory for protection.
Hungary follows the 11th edition of Nice Classification. Multi-class trademark applications are possible.
The third parties can file opposition actions against a trademark application within three (03) months following its publication.
Registered trademarks have a validity of ten (10) years from the date of application, which can be further renewed indefinitely for successive periods of ten (10) years each.
The grace period to renew a trademark after the date of expiry is six (06) months.
The term for cancellation of a registered trademark based on non-use is five (05) years from the date of registration.
Hungary is a member of the Paris Convention for the Protection of Industrial Property.
Patent Law No. XXXIII of 1995- deals with the mechanism of patent protection in Hungary.
For seeking patent protection in Hungary, an application has to be filed with the Hungarian Intellectual Property Office, which administers the entire process of patent grant.
Patents can be granted for any invention in any field of technology that is new, involves an inventive step, and is susceptible of industrial application. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
In Hungary, a pre-grant opposition cannot be filed against a patent.
Patents last for twenty (20) years in Hungary. The first annual maintenance fee is due on the date of filing; all subsequent annual fees should be paid in advance before the due date. The due date for payment of annuities is the anniversary of the filing date. The annual fees due before the publication of the application are payable within a grace period of six (06) months from the date of publication.
The Act XLVIII of 2001 on the legal protection of designs governs and deals with the mechanism of registration of industrial designs in Hungary.
For getting an industrial design registered in Hungary, an application has to be filed with the Hungarian Intellectual Property Office, which administers the entire process of registration.
The types of industrial design applications that can be filed in Hungary include Non-Convention Application and Convention Application.
Opposition against an industrial design application can't be raised in Hungary.
Protection lasts for five years beginning on the filing date of the application. Upon request, this term can be renewed for further periods of five (05) years each, four (04) times at the most. After expiration of twenty-five (25) years from the filing date of the application, the protection shall not be renewable anymore.
The time frame for payment of the renewal fee before the due date is six (06) months.
There is no grace period to renew a registered industrial design.
Hungary is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The Act No. LXXVI of 1999 on Copyright (consolidated text of July 16, 2015) - is the basic legislation governing copyright protection in Hungary.
In Hungary, copyright comes into existence as soon as the work is created. No formality is required to be done for getting copyright protection. Voluntary registration is possible at the Hungarian Intellectual Property Office (HIPO); however, it has only an evidentiary effect, the facts registered shall be recognized as valid until the contrary is proved.
Copyright is protected for the author's life plus seventy (70) years after his death.
The copyright protection term of seventy (70) years is calculated from 1st January of the year following the death of the author, and in the case of joint works, it is counted from 1st January of the year following the death of the last deceased partner.
The term of protection for cinematographic works is calculated from 1st January of the year following the death of the last deceased person, whether or not they are co-authors, the director of the film, the screenwriter, the author of the dialogue, and the author of music composed for the film production.
If the term of protection is not calculated from 1st January of the year following the death of the author or the last deceased co-author, and the work is not made public within seventy (70) years from the first day of the year following its creation, the work longer qualifies for copyright protection.