Deed of Foundation of the Hungarian Intellectual Property Office
By virtue of Article 8 (6) of Act CXCV of 2011 on Public Finances, I hereby issue the Deed of Foundation of the Hungarian Intellectual Property Office (hereinafter referred to as "the Deed of Foundation) as follows:
- Name of the budgetary organisation:
Szellemi Tulajdon Nemzeti Hivatala (referred to as the Office)
The Office used to operate under the name of Hungarian Patent Office preceding the modification of name set forth by Act CXLVIII of 2010 on the Modification Necessary in relation to Act XLII of 2010 on the Listing of the Ministries of the Republic of Hungary and on the Modification of Certain Acts related to Industrial Property.
Name in English:
Hungarian Intellectual Property Office
Name in French:
Office hongrois de la propriété intellectuelle
Name in German:
Ungarisches Amt für Geistiges Eigentum
- Seat of the budgetary organisation:
H-1054 Budapest, Garibaldi u. 2.
H-1054 Budapest, Zoltán u. 6.
H-1054 Budapest, Akadémia u. 21.
H-1054 Budapest, Perczel Mór u. 2-4.
- Founding organisation and the date of foundation:
1st March 1896
- Legislation providing for the establishment of the budgetary organisation:
Article 23 of Act XXXVII of 1895 on Patents for Inventions
Legislation in force: Act XXXIII of 1995 on the Protection of Inventions by Patents
- Authority directing the budgetary organisation:
The Office is a government office under the direction of the Government (1055 Budapest, Kossuth Lajos tér 2-4.); its supervision is performed by the minister of public administration and justice. Its Rules of Organisation and Operation is issued in a normative decree by the supervising minister.
- Senior executive of the budgetary organisation and his appointment:
The senior executive of the Office is the President, who shall be appointed and released by the prime minister. Other employer's rights over the President shall be exercised by the minister supervising the Office.
- Authority of the budgetary organisation:
- Position of the Office in the system of budgetary organisations:
A budgetary organisation with independent operational and financial management
- Public duties of the budgetary organisation:
The Office is responsible for the protection of intellectual property. Its public duties are laid down in Article 115/G of Act XXXIII of 1995 on the Protection of Inventions by Patents (hereinafter referred to as "the Patent Act") as follows:
- official examinations and procedures in the field of industrial property;
- performance of certain tasks in connection with copyright and rights related to copyright;
- central governmental information and documentation activities in the field of intellectual property;
- participation in the preparation of intellectual property legislation;
- preparation and implementation of the Government's strategy for the protection of intellectual property, initiation and execution of governmental measures required for this purpose;
- performance of professional tasks of international and European co-operation in the field of intellectual property protection;
- performance of official and expert tasks relating to the assessment of research and development activity.
- Core activities of the budgetary organisation:
The Office performs its public duties as core activities as stipulated by Articles 115/H-115/L of the Patent Act.
Classification of the core activities in the system of professional duties listed in the central budget:
581100 Book publishing
581400 Publishing of periodicals
631000 Data processing, web-hosting service
639990 Other information services not classified elsewhere
749050 Other professional, scientific and technical activities not classified elsewhere
823000 Organisation of conferences and trade presentations
841113 Activities of public authorities and autonomous institutions
841184 Scientific scholarships
842160 Participation in international organisations
855935 Further professional training
855937 Other adult education not classified elsewhere
910123 Library services
Classification in the system of specific classes of the central budget:
841318 General administrative economic, commercial and labour affairs-related services
- Employment status of the employees of the budgetary organisation:
- government service relationship (government officers, administrators): under Act CXCIX of 2011 on public officials;
- employment relationship: under Act I of 2012 on the Labour Code
- persons employed on the basis of assignment contracts: under Act IV of 1959 on the Civil Code
- Closing provisions
Matters not regulated in the Deed of Foundation are regulated by the Rules of Organisation and Operation of the Office.
In harmony with the legal provisions, this Deed of Foundation enters into force on the day when it is entered in the register-book, and simultaneously the Office's former Deed of Foundation No. IX-09/53/6/2011 issued in a consolidated form on 28th January 2011 is repealed.
Budapest, 19th July, 2012
Reference No.: IX-09/30/418/2012
Addendum to the Deed of Foundation
Due to the giving of the governmental function effective from 1 January 2014
In accordance with the provisions of Article 180 of Government Decree 368/2011. (XII. 31.) on the implementation of the Act on Public Finances (hereinafter referred to as Ávr.) I hereby provide the consolidated Deed of Foundation of the Hungarian Intellectual Property Office, as state budgetary organisation, of 19 July 2012 with the following addendum, due to the change of the code of basic function classification announced by Decree 68/2013. (XII. 29.) of the Ministry of National Economy on the rules of classification of governmental functions, special tasks of Public Finances and special sectors, effective from 1 January 2014:
The classification of the state budgetary organisation, based on governmental functions:
041130 Management of intellectual property and innovation
“Classification of basic functions by special tasks of public finances” mentioned in point 10 of the consolidated Deed of Foundation, including the classification by special tasks of public finances is repealed as from 1 January 2014.
The consolidated Deed of Foundation of the said budgetary organisation, of 19 July 2012, with this addendum to the Deed of Foundation – pursuant to paragraph (5) of Article 180 of Ávr. – constitutes the Deed of Foundation of the budgetary organisation as from 1 January 2014.
Budapest, 27 January 2014