Design

Industrial design
What is design protection?
What kinds of designs can be granted protection?
Who can obtain design protection?
What rights are conferred by design protection?
How to obtain a design protection in Hungary?
What is the procedure for obtaining the industrial design?
How much does it cost to obtain an design protection?
How to obtain design protection abroad on the basis of a Hungarian application?
What can be done when design protection is infringed?
How long does design protection last?

Industrial design

Law in force: Act XLVIII of 2001 on the legal protection of designs.

In the case of applications filed prior to that date, Decree-Law No. 28 of 1978 on the Protection of Industrial Designs shall continue to apply, on the basis of which industrial design protection can be obtained.

What is design protection?

It grants legal protection for the appearance of a product. By means of this protection, the right holder can create or strengthen his position on the market.

What kinds of designs can be granted protection?

Design protection shall be granted for any design which

• is new on a worldwide level and has individual character,
• is not excluded from protection for some grounds for refusal.

Who can obtain design protection?

The designer or his successor in title.

What rights are conferred by design protection?

It is exclusively the right holder who can exploit the protected design or the person who has been licensed by him to do so (design license contract).

How to obtain a design protection in Hungary?

By filing

• a design application with the Hungarian Intellectual Property Office,
• an international application under the Hague Agreement Concerning the International Deposit of Industrial Designs.

  Foreign applicants have to be represented by an authorized patent attorney or an attorney-at-law, having residence in the country.
  Domestic applicants are not obliged to have a representative, however, if necessary, patent attorneys help prepare applications.

What is the procedure for obtaining the industrial design?

A short guide summarizes the registration procedures for designs

How much does it cost to obtain a design protection?

The following table summarizes the fees should be payed.

How to obtain design protection abroad on the basis of a Hungarian application?

By filing

• a design application with the national industrial property office of the country/countries concerned,
• an international design application with the Hungarian Intellectual Property Office (HPO) under the Hague Agreement, which shall be forwarded to the World Intellectual Property Organization. An international design application may also be filed directly with the International Bureau of the World Intellectual Property Organization in Geneva.

Hungarian applicants have to appoint a representative having residence in the country/countries concerned.

What can be done when design protection is infringed?

In the event of the infringement of design protection, the right holder may institute proceedings at the court, and request

• that the fact of infringement be declared,
• an injunction that the infringer cease his infringement,
• the restoration of the status prior to the infringement,
• damages.

How long does design protection last?

For five years beginning on the filing date of the application. Upon request, this term can be renewed for further periods of five years each, four times at the most. After expiration of twenty-five years from the filing date of the application, the protection shall not be renewable any more. If design protection granted and renewed according to a procedure under Decree-Law No. 28 of 1978 lapsed by reason of expiration within five years prior to January 1, 2002, the right holder may request, until July 1, 2002, the re-establishment of protection.