Councils and Boards

National Intellectual Property Council

The amendment of Act XXXIII of 1995 on the protection of inventions by patents, adopted on 6 December 2010 by the Hungarian Parliament, regulates the National Intellectual Property Council, which - as a professional advisory and opinion-giving body - assists the President of the Hungarian Intellectual Property Office (hereinafter referred to as "the Office") in performing his tasks.

At the request of the President of the Office the Council gives its opinion on the draft of comprehensive measures (programs, strategic plans, national and Community legal provisions, international agreements) concerning the protection of intellectual property. The Council participates in the elaboration of the national strategy on intellectual property protection, as well as monitors and facilitates its implementation.

The Council is a body consisting of not more than twelve members having industrial property, copyright and related rights expertise. The President and the members of the Council are elected personally by the President of the Office for a period of three years.

The Council functions according to the rules of procedure established by the President of the Office.

The provisions concerning the National Intellectual Property Council are contained in Act XXXIII of 1995 on the protection of inventions by patents.

Secretariat of the National Intellectual Property Council
H-1081 Budapest, II. János Pál pápa tér 7.
Fax: +36 (1) 474 5534

Council of Copyright Experts

What is the role of the Council of Copyright Experts?

First, the main function of the Council is an expert witness activity during judicial procedures (as one of the modes of proof). When the court has no special expertise to determine or judge significant facts or other circumstances, the legal opportunity is opened to appoint an expert witness.

Second, besides the authorities, upon request, the Council provides an expert opinion in extrajudicial procedures on issues and professional questions arising, mainly concerning the exercise of right of use. (The method and the opinion of the Council are analogous to the ‘expert determination’ which can be achieved by one of the alternative dispute resolution procedures of the World Intellectual Property Office.)

Third, as the mediation function of the Council, if no agreement on remuneration and other terms and conditions of use is reached between the user and rightholder, or between the users or their representative organisations and collecting management organisations, either party may turn to the Mediation Board of the Council. The objective of the procedure of the Mediation Board aims to facilitate an agreement between the parties.

This function of the Council is in compliance with the Article 11 of the “Satellite and Cable Directive” (Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission).

The Council operates attached to HIPO, however, it is a professionally independent organ.

Body of Experts on Industrial Property

The measure of the scientific technological development, the requirements of the approximation of laws at the international and especially at the European Community level are a great challenge to the regulation of intellectual property rights. At the same time in the course of judicial review specific problems have to be solved; judgments have to be passed by applying legal regulations that are already available. Therefore it becomes necessary for the judge to ask the opinion of expert bodies, whose individual members have up-to-date knowledge on a given field when passing the judgment.

Tasks

In professional questions arising in industrial property legal disputes, the courts and other authorities may request an expert opinion of the Body of Experts on Industrial Property (Body of Experts) at the Hungarian Intellectual Property Office. Industrial property legal dispute shall mean any legal dispute concerning the enforcement of rights conferred by

On request, the Body of Experts may, on commission, give an expert opinion in industrial property questions out of court as well. Industrial property question shall mean any question arising from the exercise of rights listed above.

The Body of experts shall give an expert opinion also on matters concerning the patentability of an invention kept secret and remuneration due to the inventor of a service or employee invention.

Persons responsible:

Examination Board of Patent Attorneys

Function

Article 2 of Act XXXII of 1995 on Patent Attorneys provides that only members of the Hungarian Chamber of Patent Attorneys (hereinafter referred to as “the Chamber”) may act as a patent attorneys. One of the fundamental conditions of admittance to the Chamber is passing the examination of patent attorneys.
The examination shall be taken before the Examination Board of Patent Attorneys operating at the Hungarian Intellectual Property Office (HIPO).

Members

The Examination Board shall be composed of the President and fourteen members; its president is the President of the HIPO ex officio. The members of the Examination Board shall be appointed by the President of the HIPO, from the patent attorneys and other persons having law degree or high qualification in industrial property, for three years.

The examining board⁣⁣⁣⁣

The Examination Board shall proceed at the examination in the form of a board of the President and four members. The President of the Examination Board shall appoint at least two patent attorney members to the board.

Secretary

The Secretary of the Examination Board shall be appointed by the President of the HIPO from the civil servants of the HIPO. The Secretary shall be responsible for the administration of the Examination Board.

Availability