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Legal Sources of Intellectual Property

Patents
Hungarian laws and regulations


Act XIII of 1995 on the protection of inventions by patents
                       

Decree No. 19/2005. (IV. 12.) GKM on the fees for administrative services in industrial property procedures before the Hungarian Patent Office
                       

Government Decree No. 147/2007 (VI. 26.) Korm. on the Detailed Rules Concerning Electronic Filing of Certain Documents in Industrial Property Procedures ( Hungarian only


Government Decree No 26/2004 (II. 26.) on the rules necessary for the implementation of the European Community Regulations concerning the creation of a supplementary protection for certain products


Decree No. 20/2002. (XII. 12.) IM on the detailed formalities for patent applications, documents filed in relation to European patent applications, European patents and international patent applications and for applications for plant variety protection (Hungarian only)


Act VII of 1994 on the amendments to certain laws of industrial property and copyright (Hungarian only)


Enforcement of decision on intellectual property rights infringement -– Act LIII of 1994 on Judicial Execution [184/A. §] (Hungarian only⁣)


Government Decree No. 141/2008. (V. 16.) on the detailed rules of the procedure to declare a patent application a State secret (Hungarian only)


Government Decree No. 61/2006. (III. 23.) on the deposit and handling of biological materials for the purposes of patent procedures 

 Act CXVII of 1995 on Personal Income Tax (Hungarian only

Treaties and Conventions

Agreement on the Visegrad Patent Institute
(Promulgated by the Act LXIX of 2015)                            


Headquarters Agreement between the Government of Hungary and the Visegrad Patent Institute
(Promulgated by the Act IX of 2022 - Annex 2 includes the authentic text in English)

Agreement for the mutual safeguarding of secrecy of inventions relating to defence and for which applications for patents have been made
Promulgated by the Act CVI of 1999


Paris Convention for the Protection of Industrial Property (Promulgated by the Law Decree No. 18/1970 - ⁣Hungaryan onl⁣y)

European Patent Convention 2000 (EPC 2000)
(Promulgated by the Act CXXX of 2007 - Hungarian only)

Implementing Regulations to the European Patent Convention 2000
(Promulgated by the Government Decree No. 319/2007. (XII. 5.) - Hungarian only)

Agreement on the application of Article 65 of the Convention on the Grant of European Patents
Act XXIII of 2009 on the accession to the Agreement, dated 17 October 2000 in London, on the application of Article 65 of the Convention on the Grant of European Patent (Hungarian only)

Patent Cooperation Treaty
(Promulgated by the Law Decree No. 14/1980 - Hungarian only)

Regulations under the Patent Cooperation Treaty
(Promulgated by the Decree No. 34/2002. (XII. 25.) IM - Hungarian only)

Patent Law Treaty⁣ (PLT)
Promulgated by the Act CXXXI of 2007 - Hungarian only)

Regulations under the Patent Law Treaty
(Promulgated by the Government Decree No. 320/2007. (XII. 5.) - Hungarian only)

Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (Promulgated by the Law Decree No. 1/1981. - Hungarian only)

Regulations Under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
(Promulgated by the Decree No. 21/2002. (XII. 13.) - Hungarian only)

Supplementary Protection Certificates
Plant variety protection
Hungarian laws and regulations

Act XXXIII of 1995 on the protection of inventions by patents              

                         

 Decree No. 20/2002. (XII. 12.) IM on the detailed formalities for patent applications, documents filed in relation to European patent applications, European patents and international patent applications and for applications for plant variety protection (Hungarian only)


Enforcement of decision on intellectual property rights infringement -– Act LIII of 1994 on Judicial Execution [184/A. §] (Hungarian only)

Decree No. 19/2005. (IV. 12.) GKM on the fees for administrative services in industrial property procedures before the Hungarian Patent Office⁣                         ⁣

Treaties and Conventions

International Convention for the Protection of New Varieties of Plants of Marc 19, 1991 as Revised at Geneva (Hungarian only)                   

Utility Model Protection
Hungarian laws and regulations

Act XXXVIII of 1991 on the protection of utility models
                           

Decree No. 18/2004. (IV. 28.) IM on the detailed formal requirements of the application for utility model protection (Hungarian only)
                         

Government Decree No. 147/2007. (VI. 26.) on the detailed rules concerning electronic filing of certain documents in industrial property procedures (Hungarian only⁣)

Decree No. 19/2005. (IV. 12.) GKM on the fees for administrative services in industrial property procedures before the Hungarian Patent Office              

Enforcement of decision on intellectual property rights infringement -– Act LIII of 1994 on Judicial Execution [184/A. §] (Hungarian only)
                           

Trademarks
Hungarian laws and regulations


 ⁣Act XI of 1997 on the Protection of Trademarks and Geographical Indications


Act No. LXVII of 2018 on Amendments to Certain Acts on Industrial Property (Hungarian only⁣)⁣

Government Decree No. 147 of 2007 (VI. 26.) Korm. on the Detailed Rules Concerning Electronic Filing of Certain Documents in Industrial Property Procedures (consolidated text of Januray 1, 2017) (2017) (Hungarian only)


Decree No. 19/2005. (IV. 12.) GKM on the fees for administrative services in industrial property procedures before the Hungarian Patent Office

⁣ Decree No. 16 of 2004 (IV.27.) of Minister of Justice (IM) on the Detailed Formal Requirements of Trademark Applications & Applications for the Protection of Geographical Indications (Hungarian only⁣)                   ⁣


Enforcement of decision on intellectual property rights infringement -– Act LIII of 1994 on Judicial Execution [184/A. §] (Hungarian only⁣)⁣


Act CCII of 2011 on the coat of arms and national flag as well as the state decorations of Hungary (Hungarian only)


Decree No. 37/2012. (VIII. 22.) KIM on consent required for granting protection for trade mark and design containing the coat of arms or the national flag (Hungarian only)

Treaties and Conventions

Paris Convention for the Protection of Industrial Property
(Promulgated by the Law Decree 18/1970 - Hungarian only)

Madrid Agreement Concerning the International Registration of Marks
(Promulgated by the Law Decree 29/1973 - Hungarian only)

Protocol of 1989 Relating to the Madrid Agreement Concerning the International Registration of Marks
(Promulgated by the Act LXXXIII of 1999 - Hungarian only)

Act XXVI of 2009 on promulgation of the modification of Protocol of 1989 Relating to the Madrid Agreement Concerning the International Registration of Marks (Hungarian only)
                           

Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement ⁣(Promulgated by the Decree 4/2005. (III. 11.) IM - The decree includes both the authorized Hungarian translation and the original English text of the Agreement.)

Trademark Law Treat⁣y
(Promulgated by the Act LXXXIII of 1999 - Hungarian only)

Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks
(Promulgated by the International Agreement 1/1983 - Hungarian only)

Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks

Nairobi Treaty on the Protection of the Olympic Symbol
(Promulgated by the Act LX of 2008 - Hungarian only)

Geographical indications
Hungarian laws and regulations


Act XI of 1997 on the Protection of Trade Marks and Geographical Indications

Decree No. 16/2004. (IV.27.) IM on the detailed formalities of trademark applications and applications for the protection of geographical indications (Hungarian only)

Governmental Decree No. 158 of 2009 (VII. 30.) Korm. regarding the application for the protection of geographical indications of agricultural products, foodstuffs and spirit drinks, and the control of these products ( Hungarian only)

Decree No. 19/2005. (IV. 12.) GKM on the fees for administrative services in industrial property procedures before the Hungarian Patent Office

Decision No. 77/2008. (VI. 13.) of the Parliament on the Protection of Hungaricums (Hungarian only)

Enforcement of decision on intellectual property rights infringement -– Act LIII of 1994 on Judicial Execution [184/A. §] (Hungarian only)
                           

Government Decree No. 435/2021 (16 July) on the Official Procedures of the Authority in the Grape-Wine Sector and the Liabilities to Supply Data (Hungarian only)         

Government Decree 484/2016 (XII. 28.) on the procedure for the protection of geographical indications of flavored wine products in the European Union and on the control of these products (Hungarian only)   

Treaties and Conventions

Paris Convention for the Protection of Industrial Property
(Promulgated by the Law Decree 18/1970 - Hungarian only)

Lisbon Agreement for the Protection of Appellations of Origin and their International Registration
(Promulgated by the Law Decree No. 1/1982 - Hungarian only)

WIPO Lex, Treaties, Common Regulations under the Lisbon Agreement and the Geneva Act of the Lisbon Agreement (as adopted on October 2, 2018)  

Regulation under the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration (Promulgated by the  Decree No. 231/2021. (V. 6.)  (Hungarian only)

Agreement between the People's Republic of Hungary and the Swiss Confederation on the Protection of Indications of Source, Appellations of Origin and Other Geographical Names Agreement between the People's Republic of Hungary and the Swiss Confederation on the Protection of Indications of Source, Appellations of Origin and Other Geographical Names
(Promulgated by the Law Decree No. 27/1981 - Hungarian only)

Agreement between the Governments of the People's Republic of Hungary and the Republic of Portugal on the Protection of Indications of Source, Appellations of Origin and Other Geographical Names Agreement between the Governments of the People's Republic of Hungary and the Republic of Portugal on the Protection of Indications of Source, Appellations of Origin and Other Geographical Names (Promulgated by the Decree 49/1986. (XI. 12.) MT - ⁣⁣Hungarian only)

Design protecion
Hungarian laws and regulations
           

Act XLVIII of 2001 on the legal protection of designs


Government Decree No. 147/2007. (VI. 26.) on the detailed rules concerning electronic filing of certain documents in industrial property procedures (Hungarian only)


Decree No. 19/2001 (XI.29.) IM (Minister of Justice) on the detailed formal requirements of the application for design protection


Decree No. 19/2005. (IV. 12.) GKM on the fees for administrative services in industrial property procedures before the Hungarian Patent Office

Decree No. 37/2012. (VIII. 22.) KIM on consent required for granting protection for trade mark and design containing the coat of arms or the national flag (Hungarian only


Enforcement of decision on intellectual property rights infringement -– Act LIII of 1994 on Judicial Execution [184/A. §] (Hungarian only)

Topography Protection
Hungarian laws and regulations
         

Act XXXIX of 1991 on the legal protection of topographies of microelectronic semiconductor products

Government Decree No. 147/2007. (VI. 26.) on the detailed rules concerning electronic filing of certain documents in industrial property procedures (Hungarian only)

Decree No. 19/2005. (IV. 12.) GKM on the fees for administrative services in industrial property procedures before the Hungarian Patent Office

Decree No. 19/1991. (XII.28.) IM (Minister of Justice) on the detailed formal requirements of the application for protection of the topographies of microelectronic semiconductor products (Hungarian only)

Enforcement of decision on intellectual property rights infringement -– Act LIII of 1994 on Judicial Execution [184/A. §] (Hungarian only)

Treaties laws and regulations
Copyright
Hungarian laws and regulations
                             

Act LXXVI of 1999 on Copyright


Act XCIII of 2016 on Collective management of copyright and related rights


Government Decree No. 216/2016. (VII.22.) on the rules of the collective management organizations and independent management entities and of proceedings concerning collective management regulates collective management in detail (Hungarian only)


Government Decree No. 138/2014. (IV.30.) on the detailed provisions of the use of orphan works (Orphan Work Decree)  (Hungarian only)


Decree 26/2010. (XII. 28.) KIM on the detailed rules of the voluntary register of works


Decree 19/2016. (IX. 5.) IM on rules concerning administrative service fees payable for procedures related to the notification of collective management organizations and independent management entities’ rights management activities, as well as the authorization of collective management activities carried out as a representative collective management organization  (Hungarian only)

Decree 14/2011 (IV. 7.) NEFMI on the data necessary for determining and distributing the fees due to authors for public lending, and on public libraries obliged to provide data (Hungarian only)


Government Decree No. 156/1999. (XI. 3.) on Structure and Operation of the Council of Copyright Experts (Hungarian only)


Government Decree No. 158/2000 on the Determination on the Scope of Reprographic Equipments (Hungarian only)


Government Decree 117/2004. (IV. 28.) Korm. on the determination of the manner and conditions of the communication and making available to the public in the case of free use provided for in Article 38(5) of Act LXXVI of 1999 on Copyright


Act No. CXXX of 2016 on the Code of Civil Procedure 


Act No. V of 2013 on the Civil Code 


Act No. C of 2012 on the Criminal Code (Section 384-388, Section 419) Sections 384-387 of Chapter XXXVII of the Criminal Code, entitled "Crimes against intellectual property," contain the provisions relevant to copyright law. 


Law Decree No. 13/1979 on International Private Law (Section 19) (Hungarian only)


Act XXXIII of 1995 on the protection of inventions by patents
(as in force today)


Act No. LIII. of 1994 on judicial litigation (Section 184/A.)

European Union laws regulations
                                       

Directive (EU) 2019/789 of the European Parliament and of the Council of 17 April 2019 laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes, and amending Council Directive 93/83/EEC


Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC


Regulation 2017/1563 of the European Parliament and of the Council of 13 September 2017 on the cross-border exchange between the Union and third countries of accessible format copies of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled
 


Directive 2017/1564 of the European Parliament and of the Council of 13 September 2017 on certain permitted uses of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled and amending Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society 


Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market


Directive 2011/77/EU of the European Parliament and of the Council of 27 September 2011 amending Directive 2006/116/EC on the term of protection of copyright and certain related rights


Regulation 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross-border portability of online content services in the internal market   


Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property right


Directive 2009/24/EC of the European Parlament and of the Council of 23 April 2009 on the legal protection of computer programs


Council Directive 93/83/EEC aims at facilitating the cross border transmission of audiovisual programs such as, particularly broadcasting via satellite and retransmission by cable.


Directive 96/9/Ec Of The European Parliament and of the Council of 11 March 1996 on the legal protection of databases


Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonization of certain aspects of copyright and related rights in the information society


Directive 2012/28/EU of the European Parliament and of the council of 25 October 2012 on certain permitted uses of orphan works


Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art


Commission Recommendation (2005/737/EC)of 18 May 2005 on collective cross-border management of copyright and related rights for legitimate online music services


Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property (codified version)


Directive 2006/116/EC of the European Parliament and of the Council of 12 December 2006 on the term of protection of copyright and certain related rights


Commission Recommendation (2006/585/EC) of 24 August 2006 on the digitisation and online accessibility of cultural material and digital preservation


European Parliament resolution of 13 March 2007 on the Commission Recommendation of18 October 2005 on collective cross-border management of copyright and related rights forlegitimate online music services (2005/737/EC) (2006/2008(INI))

Other legal sources relating to intellectual property
 The Hungarian Intellectual Property Office
           

Act XXXIII of 1995 on the protection of inventions by patents


Act XLIII of 2010 on central state administrative organs and on the legal status of Government members and state secretaries (Hungarian only)


Government Decree No. 182/2022 (V. 24.) on the competences and powers of the members of Government (Hungarian only)

Government Decree No. 282/2007 (X. 26.) on the designation of bodies responsible for sectoral requirements in specific fields, as well as bodies acting exclusively in specific technical matters and providing expert opinions in certain fields - Annex 3 (Hungarian only)

Act No. CXII of 2011 on Informational Self-Determination and Freedom of Information (Hungarian only)

Boards operating beside the Hungarian Intellectual Property Office 
       

Government Decree No. 270/2002. (XII. 20.) on the Structure and Operation of the Board of Experts on Industrial Property - (Hungarian only)


Government Decree 156/1999 (XI. 3) on the structure and the operation of the Board of Experts for Copyright - (Hungarian only)


National Intellectual Property Council – Act XXXIII of 1995 on the Protection of Inventions by Patents [115/F. §]

Intellectual property education
 

Decree No. 1/2015. (I.22.) IM on the intellectual property education – (Hungarian only)

Activities of patent attorneys
             

Act. XXXII of 1995 on Patent Attorneys


Decree No. 76/1995 (XII.29.) IKM on the Patent Attorney Examination (Hungarian only)


Rules of Procedure of the Committee on Examination of Patent Attorneys (Hungarian only)


Decree 24/2004. (VI. 30.) IM of the Minister of Justice on the patent attorney's expenses that can be fixed in court proceedings as well as on the fees and the refund of costs due to the protector patent attorney (Hungarian only)


AB decision No 65 of 1997 (XII.18.) of Constitutional Courts (Hungarian only)


Code of Ethics of the Patent Attorney Profession 


Code of Professional Conduct and Regulation on Liability Insurance of the Chamber of Patent Attorneys (Hungarian only)

 Facilitation of intellectual property activity
   

Act LXXXVI of 2014 on the scientific research, development and innovation (Hungarian only)

Tax rules relating to intellectual property
 

Act No. LXXXI of 1996 on Corporate Tax and Dividend Tax (Section 7 ) (Hungarian only)

Advantages relating to exhibitions (non-prejudicial disclosure)
   

[Actual]

Trade relevance of intellectual property rights
     

Act No. IX of 1998 on the promulgation of the Marrakech Agreement Establishing the World Trade Organization concluded within the framework of the General Agreement on Tariffs and Trade (GATT) and of its Annex (Hungarian only)


Government Decree No. 86/1999 (VI. 11.) on the exemption of certain groups of agreements on technology transfer from the prohibition of competition limitation (Hungarian only)


Government Decree No. 114 /1999 (VII. 30.) of the on the promulgation of the decision No. 3/99 of the Accession Council between Republic of Hungary and European Communities and Member Countries thereof about acceptance of methods and conditions of participation in the Comprehensive Program No. 5 for Research and Technology Development and for Demonstration of the European Union (Hungarian only)

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