The Body of Experts works according to the rules of procedure established by the Presidential Board and approved by the President of the Hungarian Intellectual Property Office (HIPO). The annual budget of the Body of Experts is adopted by the Presidential Board and approved by the President of the HIPO. The President of the HIPO provides the material conditions for the activity of the Body of Expert and concludes the contracts necessary thereto.
The President of the Body of Experts - with the approval of the Presidential Board and in agreement with the President of the HIPO - annually submits a report to the Minister of Justice on the activity of the Body of Experts. For information, the annual report is sent to the Minister exercising the directing authority on behalf of the Government over the HIPO.
The list of members of the Body of Experts, the rules of procedure and the annual report shall be published in the official journal of the HIPO. Any expert opinion, on the proposal of the chairman of the proceeding panel, and subject to the agreement of the President of the HIPO, shall be published in the separate professional journal of the HIPO.
The official seal of the Body of Experts consists of the coat of arms of Hungary with the legend "Body of Experts on Industrial Property".
The Body of Experts proceeds at the request of courts or authorities, or on commission in industrial property questions. The Body of Experts forms its expert opinion on the basis of the questions raised and documents filed; it does not take evidence separately to establish the facts, it does not hold a review and shall not be given a summons. However, if necessary, it may ask the requesting court or authority or the client to supply further data.
In case of requests by the court or other authorities, the preparation of an expert opinion is subject to the payment of a basic fee, and if it is necessary to hold more than one session of the panel, a supplementary fee can be charged for each further session. This fee can be increased by not more than 50 % by the President of the Body of Experts if it is justified by the complexity of the case.
Fees to be applied
Basic fee for an expert opinion:
- in case of a three-member panel HUF 180 000;
- in case of a five-member panel HUF 285 000.
Supplementary fee for further sessions:
- in case of a three-member panel HUF 105 000;
- in case of a five-member panel HUF 160 000.
The amount of the expert fee to be paid in the case of other commissions given to the Body of Experts shall be determined by the President of the Body of Experts in the light of the complexity and all the circumstances of the case.
Pursuant to Act CXXVII of 2007 on Value Added Tax and Government Decree 270/2002 (XII. 20.) on the Structure and Operation of the Body of Experts on Industrial Property, the provision of expertise constitutes a taxable activity. Accordingly, the invoice for the incurring expert fee is issued by the Office (and not by the Body), and the fee has to be paid into the Office's appropriation fund account.
On behalf of the Body of Experts a three- or five-member panel of experts (hereinafter referred to as "the panel") adopts the expert opinion by majority. The President of the Body of Experts designates, in view of the nature of the case, the members of the panel, and from among them the expert in charge of the case and the chairman of the panel.
If the formation of an expert opinion calls for special expertise that the members of the Body of Experts do not have, outside experts can be involved in an advisory capacity. In the formation of the opinion of the Body of Experts no person can participate, against whom a ground for exclusion defined in Article 178(1) of the Code of Civil Procedure exists. The President of the Body of Experts ensures ex officio that an excluded expert does not participate in the formation of the expert opinion.
The requests of courts or other authorities and commissions submitted to the Body of Experts are accepted and confirmed by the President of the Body of Experts, on the basis of the preparatory work by the Secretary.
In the letter confirming the acceptance of a request by courts or other authorities given to the Body of Experts, the amount of the fee, to be determined in the light of circumstances of the case, shall be indicated. Courts or other authorities shall pay this fee after the expert opinion prepared by the panel is sent to them. In case of other commissions the panel prepares the expert opinion after the fee indicated in the confirming letter is paid.
The panel forms the expert opinion in a closed session. About each session minutes are prepared, which are signed by the keeper of the minutes of the session and by the Chairman of the panel.
The written expert opinion of the Body of Experts is signed by the members of the panel. On the submission by the Seretary the expert opinion and the documents placed at his disposal is sent by the President of the Body of Experts to the requesting court or other authority or the client.
The members of the panel shall carry out their tasks as independent experts, without seeking or taking any instructions concerning the content of the expert opinion from the President or the Presidential Board of the Body of Experts or from anyone.