Voluntary register of works
Detailed rules of the voluntary register of works
Elements of entry into the voluntary register of works
Form to request entry into the voluntary register of works (application form with guide)
At Customer Service
Akadémia utca 21.
Monday: 9.00 to 13.00
How much does it cost?
I. Detailed rules of the voluntary register of works
1. The Hungarian Intellectual Property Office (HIPO) carries out the procedure for entry into the voluntary register of works of authorship on the basis of Decree 26/2010 (XII.28.) KIM on the detailed rules on the voluntary register of works (hereinafter referred to as "the Decree").
2. The entry of works - including the subject matter of related rights - into the voluntary register can be requested by the author or the holder of rights related to copyright from the Hungarian Intellectual Property Office. An authorised representative may also file the request and act in the name and on behalf of the author. The voluntary register of works includes all types of works and subject matter of related rights defined by the Copyright Act (Act LXXVI of 1999 on Copyright).
3. The request for entry into the voluntary register of works shall be filed with the Hungarian Intellectual Property Office - at its Customer Service in the case of personal filing - using the standard application form of the HIPO specifically designed for this purpose. The following data shall be given in the form: the name and address of the author(s); in case of representation, the name and address (place of business) of the representatives; the title, genre and medium of the work to be registered; and, if necessary, further details for the individual identification of the work. The original or a copy of the work shall be attached to the request. The copy shall be of a size to admit its placement in a standard A4 sized envelope. If the copy is larger, a medium not larger than the A4 size shall be enclosed, which shall be suitable for identification and for fixing the work durably. Besides filing the request in person, the legislation allows the applicant to send the request together with the required enclosures by post or fax to the HIPO. However, the HIPO is not in the position to check and determine the physical or technical condition, and content of, or any damage caused to the work sent. It may occur that works delivered by post or fax are received in a damaged condition by the HIPO, which makes it difficult, or in some extreme cases, even impossible to identify the work later. For the above reasons, it is advisable to file the request for entry into the voluntary register of works personally, thus the possibility of any damage to the work can be avoided, while the certificate is issued and handed over on the spot.
4.The administration fee for filing the request is HUF 5000, which shall be paid either in cash or by a credit card, by a payment order given through the POS terminal, at HIPOs Customer Service. The administration fee is not payable by any other means. When payment is effected, the reference number shall be indicated, which is communicated to the applicant on the spot in the event of personal filing, or by post in the event of filing by post or fax. The fee is not subject to any allowances or exemption.
5. The Customer Service of the HIPO shall execute the personally and properly filed requests without delay by issuing a certificate. (Issuing a certificate may take longer in certain cases. Therefore, especially when filing several requests, we advise you to arrive at the Customer Service of the HIPO at least one hour before the closing time.)
In the case of requests filed by post or fax in compliance with the Decree, the HIPO shall issue the certificate as soon as the administration fee has been paid at the Customer Service. The certificate and a copy of the work attached together are handed over personally to the author or their representative at the Customer Service, or in other cases, the HIPO shall post them to the author or the representative. In the case of several authors - not appearing personally - the HIPO shall post the certificate and the attached copy of the work to the author or the representative authorised in writing indicated in the "Miscellaneous" part of the request form. If there is no such indication, the HIPO shall post the certificate and the attached copy of the work to the representative authorised in writing, or in the absence of such person, to the author indicated in the first place in the request.
The HIPO certifies in the certificate that the applicant(s) indicated as author(s) has/have recognised the attached copy of the work or other subject matter as their own. The certificate and the attached copy of the work placed in a sealed envelope may only be used for a certificate substantiating the presumption of author if the seal and the envelope are devoid of any damage. In matters concerning the responsibility for any damage to the certificate and the envelope containing the copy of the work delivered by post, the Regulation on Consignment Delivery of the Hungarian Post Office shall prevail.
6. The author may request withdrawal of the certificate at any time by using the standard form of the HIPO. The request for the withdrawal of the certificate shall be filed in two copies either personally or through a representative. The certificate and the sealed envelope containing the copy of the work shall be attached to the request. The HIPO shall execute the properly filed requests free of charge without delay, and it shall cancel the certificate, then hand over a copy of the request containing the statement of withdrawal to the author or their representative appearing in person, or in other cases, post it to the author or their representative.
7. If a final court ruling establishes the person of the author definitively, and it is not identical with the person previously entered into the voluntary register of works, the author may request cancellation of this person from the voluntary register of works. The rules for cancellation are the same as those for withdrawal, adding that the final court ruling shall be attached to the request, and the HIPO shall communicate its decision on cancellation to the person previously entered as author.
8. If the author agrees to it in writing, the HIPO may disclose the particulars given in the form to the public and may create a database from them for the purpose of informing the public. The author's assent is contained in the request for entry into the voluntary register of works.
9. The review of the decision on the issue of a certificate may be requested from the Metropolitan Court of Budapest.
1. The certificate grants neither copyright nor any other title of protection related to intellectual creations. It only serves as a means of evidence to prove that the work or subject matter of related rights entered into the voluntary register as the applicants own creation existed with the same contents as those of the copy of the work attached to the certificate on the date of issue of the certificate. This makes it easier for the author or the holder of rights to prove their identity as author (or holder of rights).
2. The literary, scientific or art creations entered into the voluntary register may only become copyright protected works if they have a unique and original character deriving from the intellectual activity of the author(s).
Works not copyrightable:
- legal provisions, official decisions, official communications and documents issued by authorities or other official organs, as well as standards made obligatory by law and other similar regulations;
- facts and news of the day;
- ideas, principles, concepts, procedures, methods of operation or mathematical operations (not even as part of a work);
- expressions of folklore.
In legal disputes as to whether a creation is copyrightable, and as to who the rightful holder of the copyright protection is, it is the court that is competent to decide.
3. The subject matter of related rights entered into the voluntary register of works may be the following: performances of performers, producers of phonograms, film producers and producers of databases, or own programmes of broadcasting organisations. The protection of such subject matter is provided for in a special chapter of the Copyright Act. (Hereinafter works of authorship and the subject matter of related rights are uniformly referred to as "works".)
4. The copyright protection of a work is independent of whether the work may qualify for industrial property protection, including in particular design, trade mark, patent or utility model protection. The rules for the said forms of industrial property protection are provided for by the industrial property acts.
III. Elements of entering works into the voluntary register of works
The request shall be filed in one copy using the standard form "REQUEST for entry into the voluntary register of works kept by the Hungarian Intellectual Property Office". The form shall be filled in in accordance with the instructions of the Explanatory Notes.
The copy may be
- the master copy (the original work);
- a copy of the work; or
- a medium capable of durably fixing and identifying the work.
The copy of the work and the medium fixing the work shall be of a size to admit their placement in a standard A4 sized envelope.
(We would like to draw your attention to the fact that in a standard A4 sized envelope a maximum of 70 sheets of 80 gr/m2 paper can be placed. If the copy of the work is stitched or bound or if it exceeds 70 sheets, we advise you to submit it in an electronic medium.)
3. Authorisation for representation
If the work is not filed by the author personally, the entitlement of the representative proceeding in the case shall be certified in accordance with Article 40 (2) of Act CXL of 2004 on the General Rules of Public Administrative Procedures and Services. The authorisation for representation shall be proven by a private document having the force of evidence (e.g. qualified authorisation) or by a public instrument.
4. Administration fee
The administration fee of HUF 5000 is payable in cash or through the POS terminal of the HIPO's Customer Service on the spot. When payment is effected, the reference number shall be indicated, which is communicated to the applicant on the spot in the event of filing the request in person, or by post in the event of filing the request by post or fax.