Intellectual property and industrial property in Hungary Adam Tichy-Racs plenipotentiary representative of Hungary BME OMIKK

Legal situation The regulation of intellectual property rights in Hungary is completely harmonized to the laws of other Member States of the European Union There are differences between the European and American regulations in the field of software protection

Main problems Illegal copying and distribution of digital content –Digitalization/digital recording and copying analogue content Illegal copying and use of software products Producing and selling products with false trade marks –Medicine, electronic products, sports wear, replica watches; fashion products Illegal use of geographic indicators –Champagne, Edamer, Swiss military knife, Tokaji, pálinka, Pick Salami Falsifying by the rights owner(!) –Outsourcing production –Using non-traditional technology for traditional Non-uniform public acceptance of regulation

Types of legal protection Copyright and related rights –Art products –Performance, publication, reproduction, etc. –Software Protection of industrial property –Patents –Designs –Utility models –Trademarks –Geographical indicators –Plant variety protection –Supplementary protection certificates

Indirect forms of legal protection Consumer protection –Food and product safety Limits on toxic residues Safe toys Electric and fire safety Safe safety products – childrens seats, helmets, safety belts, vehicles –Regulation of using special indicators: as bio, natural, antiallergic, health, curing, energy class, emission class –Identification of producer and tracking production/distribution chain Protection of environment (emission limit) Protection of domestic and EU workforce Auditing quality of production or service Public procurement with quality indicators Classifying sectors of public interest –Military, epidemiologic, safety of supply Not just regulations but state stimulators and controls

Sources of copyright income Levying fees on –Public performances/use of commercial purpose Increasingly on education materials! –Devices and materials of copying Copy machines Camera with memory larger than x MB Writable CD-s and DVDs

Filing and search fee Examination fee Fees of special procedures Annual fees Costs of patent protection

Number of valid patents ( ) Year Valid patents granted in national way Validated European patents All valid patents

Number of valid patents (2008) Field of technologyMERITValid patents granted in national way Validated European Patent Pharmacy, biotechnology Other machinery Chemistry (except pharmacy) Metal products (except machines) Instruments Electric machinery (except electronics) Stone, clay and glass products Electronics Paper, printing and publishing Agriculture Building and construction Other industrial products Food, beverages, tobacco Other transport Motor vehicles Computers, office machines148954

Valid patents patents in 2008

Not protected by patent in Hungary Software –just copyright –the change is faster than the patent protection procedure Medication (treatment) on human or animal bodies –but protection of medicine, medical device, medical material, diagnostic test, implant, etc is granted Genetically modified animals –but protection of plant variety is granted

Promotion of industrial rights protection Publication information materials Courses on industrial property rights –Training courses in higher education –Courses on IPR from basic to advanced level –eLearning courses –Examination of patent attorneys Exhibitions and publications on the history of inventions, innovations and innovators

Negotiations for European Union level protection At present –European pending Single application Single investigation Single publication –National protection Translation of claims to national languages Paying annual fees locally National patent courts National contradictory cases The future – Completely European Union level protection Common procedures and fees Common court

Further information The homepage of the Hungarian Patent Office Database of HPO –Public Industrial Property Aggregate Collection for Search (PIPACS) =hunpia&a=s&l=eng* * changes expected

Acknowledgement To Dr. János Gács Department for Promotion of Industrial Property Protection at HPO for his valiable contribution