Body of Experts on Industrial Property

Evolution and Development of the Regulation

Decree 77/1989 (VII. 10.) MT on Remuneration to be Paid for Employee Inventions and Certain Other Measures Related to Inventions and Decree 78/1989 (VII. 10.) MT on Innovations mentioned first that the Board of Experts on Innovations and Inventions at the National Office of Inventions gives an expert opinion on innovation remuneration matters where the court proceedings have not yet started. In 1989 the first board of experts, on the basis of this legal background, started its operation in the field of industrial property.

After that, Act XXXIII of 1995 on the Protection of Inventions by Patents (Patent Act) created the legal basis for the establishment of the Board of Experts on Inventions. Pursuant to the authorization under Article 118(2) of the Patent Act, Decree 79/1995 (XII. 29.) IKM on the Board of Experts on Inventions was born, which referred all disputes related to industrial property protection to the competence of the Board of Experts on Inventions.

One of the most important provisions of Act XXXIX of 2002 on the modification of the Patent Act was that the board, from 1 January 2003, continued operating by its new name, the Body of Experts on Industrial Property. Another substantial provision was inserted by the amendment: the new Article 114/Z of the Patent Act formulated the framework rules on the Body of Experts. Since 1 Aug 2009 these provisions can be found in Article 115/T of the Patent Act.

Government Decree 270/2002 (XII. 20.) on the Structure and Operation of the Body of Experts on Industrial Property laid down the detailed rules of the organization and activity of the Body of Experts (entered into force on 1 January 2003). In 2005 this legal instrument was amended, with especial regard to the rules of procedure and the fees to be applied, by Government Decree 204/2005 (IX. 28.).

The Structure of the Body of Experts on Industrial Property

Officers

The President

The President of the Body of Experts is appointed, on the proposal of the President of the Hungarian Intellectual Property Office (HIPO), by the Minister of Justice from amongst the members of the Body of Experts. The appointment of the President is valid for a period of five years. The Body of Experts is directed and represented by the President. If absent or prevented the President is replaced by a member of the Presidential Board designated by him.

The Presidential Board

The Presidential Board of the Body of Experts is appointed, on the proposal of the President of the HIPO, by the Minister of Justice from amongst the members of the Body of Experts. The appointment of the Presidential Board is valid for a period of five years. The Presidential Board consists of seven members; the President of the Body of Experts is a member of the Presidential Board ex officio. The Presidential Board follows with attention and evaluates the activity of the Body of Experts. Its meetings are convened by the President of the Body of Experts if necessary, however, at least once a year.

The Secretary

The Secretary of the Body of Experts is appointed from amongst the civil servants of the HIPO by the President of the HIPO in agreement with the President of the Body of Experts.
The administrative tasks of the Body of Experts is carried out by the Secretary.

Members

The members of the Body of Experts are appointed by the Minister of Justice for a five-year period. The President of the HIPO makes a proposal for the appointment. In order to draw up this proposal, he asks for the opinion of the professional and interest groups concerned.

Persons having expertise in industrial property or in fields of activity in connection with industrial property may be nominated as members of the Body of Experts. The number of members of the Body of Experts shall not exceed 75.

List of the Body Members

President

Presidental Board

Members

Secretary

The Most Important Rules of the Body of Experts' Activity

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".

Request or Commission

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.

Fees

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:

Supplementary fee for further sessions:

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.

Procedural Rules

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.