Designs and Models
– 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
– Paris Convention for the Protection of Industrial Property, Stockholm Act.
– Convention Establishing the World Intellectual Property Organization (WIPO), since April 26, 1970.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since January 18, 1973.
– Locarno Agreement Establishing an International Classification for Industrial Designs, since January 1, 1974.
– Hague Agreement Concerning the International Registration of Industrial Designs, Geneva Act since May 1, 2004.
– WTO’s TRIPS Agreement, since January 1, 1995.
Definition: industrial design protection may be granted for the external shape of an industrial product, provided that it is new and individual.
Applicant: the author (designer) or his legal assignee.
Legal representation: applicants not having residence in the European Economic Area (EEA) must be represented by a Hungarian authorized patent attorney or attorney-at-law or by a patent attorney or attorney-at-law authorized to practice in an EEA member State and registered for representation in Hungary.
Exceptions to protection: a design which (1) is a consequence exclusively of the technical solution or destination of the product; (2) is identical with the object of a protected design having earlier priority; (3) is contrary to law or morals; (4) uses (a) a symbol of a state or an international organization or authority; (b) an emblem, arm, official warranty or authentication sign of public interest; (5) would conflict with an earlier IP right of a third party; (6) contains designation that has actually been used in Hungary by a third party, provided that the use of the mark, without the consent of the earlier user, would conflict with legal provisions; (7) would conflict with an earlier copyright of a third party.
Novelty: worldwide novelty is required. Grace period: one year.
Priority: Convention priority must be claimed within two months from filing; Convention period is six months.
Series applications: up to fifty designs may be combined in one application, if they belong to the same class of goods.
Filing requirements for an application (to be sent to resident agent):
1. Defining the name of the design and preferably the class according to the Locarno Agreement;
2. Power of attorney signed by applicant; no legalization; name (firm), address (domicile) of applicant;
3. Assignment (see “Patents“);
4. 3 copies of drawings or photographs in the size between 3 x 4 cm and 9 x 12 cm, showing the design in the required number of views for identification; if colors are significant, then the drawings (photographs) must be colored. Description or written specification is not allowed;
5. Priority document (see “Patents“).
Minimum requirements on filing date: name and address of applicant, subject of the design, drawing or photo of the design.
Electronic filing: possible.
Terms for filing the missing documents: see “Patents“.
Examination: formal and substantive as to registrability, novelty and individual character. For the substantive examination the Intellectual Property Office draws up a novelty search report, which is forwarded to the applicant upon request.
Registration certificate: is delivered after granting.
Opposition: not provided for.
Duration of protection: five years from filing date.
Renewal: four further periods of five years, altogether up to twenty-five years.
Assignment or licenses: are registered.
Working: not obligatory.
Infringements and penalties: proceedings may be started before the Metropolitan Court. (See “Patents” for penalties.)
Modification of Protection after Registration
Nullification: can be claimed at the Hungarian Intellectual Property Office if registration violates filing provisions.
Negative statement: possible.
Compulsory licenses: not provided for.