Industrial Designs Law in Hungary
Here’s an overview of Industrial Designs Law in Hungary:
Legal Framework
Industrial designs in Hungary are governed by:
Act XXXIII of 1995 on the Protection of Designs (as amended).
Hungary is also part of the European Union Community Design Regulation (EC) No 6/2002.
The Hungarian Intellectual Property Office (HIPO) is the national authority responsible for registrations.
Hungary is a member of the Hague Agreement on international registration of industrial designs.
What is an Industrial Design?
Protection covers the appearance of the whole or a part of a product.
This includes the product’s lines, contours, colors, shape, texture, materials, or ornamentation.
The design must be new and have individual character (distinct from existing designs).
Types of Protection
Registered Design:
Requires registration with HIPO or EUIPO for Community design protection.
Provides exclusive rights to use and prevent unauthorized use.
Duration: Initial 5 years from filing date, renewable every 5 years up to 25 years.
Unregistered Design:
Protected under EU law for 3 years from first disclosure in the EU.
Offers limited protection mainly against deliberate copying.
Registration Process
Application submitted to HIPO including:
Representations (drawings, photos) of the design.
List of products the design applies to.
Payment of fees.
HIPO performs a formal examination and registers the design if it meets requirements.
Rights and Enforcement
Registered design owners can prevent third parties from making, selling, or importing products with the protected design without consent.
Enforcement through civil courts.
Remedies include injunctions, damages, and confiscation of infringing goods.
Summary Table
| Feature | Details |
|---|---|
| Governing Law | Act XXXIII of 1995; EU Regulation |
| Registration Authority | Hungarian Intellectual Property Office |
| Protection Duration | 5 years + renewals, max 25 years |
| Protection Scope | Appearance only |
| Unregistered Design | 3 years (EU-wide protection) |
| International Treaties | Hague Agreement, Paris Convention |
RELATED Blog
0 comments