Intellectual property is protected by the Hungarian government through specifically intended legislations for each category: patents, utility models, designs, trademark and copyright. All Hungarian legislation for the protection of intellectual property is in accordance with the European Community Directives.
In Hungary the Copyright Act is the main legal framework that protects a person’s intellectual activity in areas like literature, science and art. Copyright in Hungary offers moral and economical rights. The author of a copyright protected work has the right to make his work public or withdraw it from public view and to secure it from anything that could endanger the author’s reputation. The economic rights refer to the author’s consent about someone else using his or her work in reproductive or distribution purposes. In exchange for his or her consent the author is entitled to remuneration. Copyright offers protection for life and 70 years after the death of an author.There are also cases of “free use” stipulated by law such as the private use or when using intellectual property in schools.
Intellectual property regarding technical creations is protected by industrial property. The protection of industrial property in Hungary is made through patents and is regulated by the Act on Invention Patents. For unpatented intellectual property the Civil Code and the Competition Act are the main legal instruments.The patent gives the author the exclusive right to use his or her work. The patent is protected for 20 years only in the countries where it obtained protection. In Hungary the patent can be received if a national or an European application is filed.
A trademark is any graphic sign that can distinguish itself from other signs in trade relations. Among trademark we will usually find: combinations of words, names, slogans, or designs (pictures, shapes). Trademarks are usually employed for marketing purposes. The trademark in Hungary is used to represent goods or services, or allow third parties to use it under certain terms. The owner of a trademark can sue someone that has infringed the trademark registration by using it toward other purposes. The Hungarian trademark can be obtained by filing an application with the Hungarian Intellectual Property Office.
The utility model protects new technical applications that cannot be panted. The owner of an utility model has the right to exclusively use the application or to give the license to others. The utility model is protected for 10 years. In Hungary the utility model can be obtained with the Hungarian Intellectual Property Office according to current legislation.
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