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.

Filing

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. 1 copy 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, drawings or photos of the design.

Electronic filing: possible. 

Terms for filing the missing documents: see “Patents“.

Examination

Examination: formal as to registrability. As of January 1, 2024, the HIPO does not examine the novelty and the inventive step of the subject matter of the application. Based on an optional request of the applicant (or after grant, based on the request of the right holder), the HIPO establishes a protectability report (which is a combined search and examination report) against an extra fee. The protectability report is issued within three months from the date of filing the request and a notification on the establishment of the protectability report will be mentioned in the Official Gazette of the HIPO.

Registration, Protection

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 like in case of patents with the following exceptions: if the defendant launches a nullity action against the design protection before the HIPO, the Metropolitan Court is not obliged to suspend the infringement procedure, should the right holder submit a positive protectability report before the termination of the court procedure at the Metropolitan Court. If the infringement procedure is not suspended, the Metropolitan Court will examine validity of the design protection and in case of deciding on the invalidity of the design protection, the infringement claim will be rejected.

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.