Hungary Amends Design Act
Amendments to the Hungarian Design Act entered into force on 1 January 2024. The amendments are intended to align Hungarian design legislation with the EU design reform, while they also incorporate local design reform initiatives and the feedback received from Hungarian IP professionals during public consultation.
Examination Changes
An important change is that the Hungarian Intellectual Property Office (IPO) will no longer examine the novelty and individual character of a design ex officio and will no longer prepare a search report.
The scope of examination of the grounds for refusal has also changed. The IPO will still examine the following:
- Compliance with the definition of a design;
- Whether a design is contrary to public policy or to the accepted principles of morality;
- The scope of article 6ter of the Paris Convention; and
- Whether the design contains symbols the use of which is of public interest.
However, the IPO will no longer examine whether the appearance features of a product are solely dictated by its technical function and the ‘must fit’ feature, resulting in a shorter examination procedure.
Deadlines
The deadlines provided by the IPO to respond to an office action have been shortened in the following way:
| Prior to January 1, 2024 | After January 1, 2024 |
|---|---|
| At least two months but no more than four months | At least one month but no more than three months |
| Could be extended by at least two months but no more than four months. | Can be extended by at least one month but no more than three months. |
| In particularly justified cases, several extensions or an extension of more than four but no more than six months could be granted | In particularly justified cases, several extensions or an extension of more than three but no more than six months may be granted |
Opinion on Registrability
Applicants can now request an opinion on registrability from the IPO at the time of filing a design application or afterwards. The opinion can be requested with respect to one design only and is subject to a fee. It is based on a novelty search and includes the IPO’s reasoning, indicating the documents and data that were considered when conducting the search. The opinion is to be provided within three months from filing the request and will be based on the representation of the design as available on the request filing date. If the opinion is sent after the three-month deadline, a refund of the fee can be requested.
The opinion is separate from and has no binding effect on the registration procedure; the design can be registered prior to its completion. The opinion is helpful for fine-tuning business strategy and drawing attention to potential infringement risks. A favorable opinion can also be supportive in preliminary injunctions or in infringement court cases from a procedural point of view. Information on the completion of the opinion will be published in the Hungarian IPO Gazette and a copy of the opinion can then be requested for a fee.
Prepared by: Balázs Csányi and Erika Farkas
For more information, please contact Balázs Csányi at our Hungary office.
Source: Hungarian Intellectual Property Office website
