Act LXVII, which amends a number of industrial property laws in order to transpose Directive 2015/2436 into the national legislation, has entered into force in Hungary. This update reviews the main amendments introduced by the act. Read more
A new fee structure for trademark-related services has entered into force in Hungary. Official fees have decreased for services related to trademarks registered in one class only, but have increased for trademarks registered in two or more classes. Read more
The national industrial design protection regime grants legal protection for the appearance of the whole or a part of a product, from the features of, in particular, the lines, contours, colours, shape, texture and materials of the product itself or its ornamentation. Read more
A significant addition to the Hungarian Act on Medicinal Products for Human Use has entered into force: Paragraph 20/A, entitled “Temporary inaccessibility of electronic data”. The amendment allows the National Institute for Quality and Organisational Development in Healthcare and Medicines to combat the sale of counterfeit drugs online faster and more effectively.
Hungary has established the Intellectual Property Enforcement Department in order to prevent the importation of pirated and counterfeit goods from other countries. IP rights holders may request that the department take action to prevent or suspend the release of such goods into circulation. The only problem is that the new rules are not in compliance with new EU regulations that took effect on July 1.
The Metropolitan Court of Budapest has issued a provisional injunction ordering the seizure of alleged counterfeit goods bearing the trademarks of a famous fashion company. The injunction ensures that the alleged infringing goods are not released on to the market, even though a related criminal investigation has been dropped owing to lack of evidence.
The Metropolitan Court has denied an appeal by Mattel Inc against a refusal to grant an application for the mark FISHER-PRICE. The court agreed with an earlier ruling from the Hungarian Patent Office and held that the mark was confusingly similar to two marks already registered by a German company for nearly identical goods.
The Hungarian Parliament has adopted a new act to implement the EU IP Rights Enforcement Directive into national law. The act introduces several measures to speed up and streamline court proceedings over alleged IP right infringements in order to offer improved protection to rights holders.
The government has finally adopted Governmental Decree 371/2004, which implements Council Regulation 1383/2003. The new decree resolves the discrepancy between procedural rules introduced last year in order to help combat the import of counterfeit products from non-EU countries and the updated EU IP regime.
The Supreme Court has upheld a first instance decision and has ruled that the unauthorized parallel importation of genuine Levi's 501 branded jeans into Hungary by the Hungarian affiliate of a multinational hypermarket chain infringed Levi's trademark rights. In so doing, the Supreme Court confirmed the principle of the exhaustion of trademark rights introduced by the Hungarian Trademark Act 1997.
The amended domain name regulations, which are intended to shorten and simplify the registration process, have entered into force in Hungary. Trademark owners now have eight days - instead of 14 - to object if a third party tries to register a domain name that violates their rights.
The rules applying to the registration of '.hu' ccTLDs changed on March 1. Under the new rules, applicants from the European Union no longer need to submit evidence of a "right in the name" in the form of a Hungarian trademark certificate matching the denomination requested, as was previously the case. The change took place without a sunrise period for mark owners.
T-Mobile Hungary has protested against the registration of four domain names with the prefix 't-', claiming that they confusingly resemble its trademark T-MOBILE. The complaint follows a decision by the Advisory Body of the Council of Internet Service Providers earlier this year to allow the registration of the domain names 't-klub.hu' and 't-pont.hu'.
Hungarian design law accepts the overlap of different protection regimes for the same product. Thus, as well as industrial design protection, parties acquiring or enforcing design rights may make use of trademark and copyright protection and unfair competition law.
As part of the revision of the Hungarian IP laws, the amendments to Act XI of 1997 on the Protection of Trademarks and Geographical Indications have come into force. The amendments implement international agreements and EU rules in the country, and introduce significant changes to the trademark legislation.
The Metropolitan Court of Appeal has upheld a decision of the Metropolitan Court dismissing an action for the cancellation of the mark VET-MED-LABOR. Among other things, the Court of Appeal held that, although Vet-Med-Labor Kft could have been aware that IDEXX Laboratories Inc was using the mark, it could not be proven that Vet-Med-Labor had fraudulent intentions when it applied for the registration of the mark.
The Metropolitan Board of Appeal has reversed a decision of the Metropolitan Court in which the latter had refused to register the mark CORPRIL for pharmaceutical and medical preparations on the grounds that it was confusingly similar to the earlier trademarks CORPAL for cosmetics and room sprays. Among other things, the board held that the goods covered by the marks were not similar.
The Metropolitan Court has rejected an application for the registration of the trademark ILKA FITT for mineral and aerated waters on the grounds that there was a likelihood of confusion with the well-known trademark MILKA for chocolate. Among other things, the court held that consumers might be confused into thinking that the owner of the MILKA mark had extended its range of goods.
In <i>GA Modefine SA v Guccio Gucci SpA</i>, the Metropolitan Board of Appeal has refused to extend protection to Hungary of the international registration for GA Modefine SA's device mark GA on the grounds that it is confusingly similar to Guccio Gucci SpA's earlier device mark GG.
The Metropolitan Board of Appeal has upheld a Hungarian Patent Office decision finding that Bristol-Myers Squibb Company's application to register the mark ZERIT was deemed to have been withdrawn under Section 61(5) of the Trademark Law as Bristol-Myers had failed to provide information within the prescribed time limit. This case illustrates that the courts are now less willing to grant extensions of deadlines.
The Metropolitan Court has overturned a decision of the Hungarian Patent Office and has allowed registration of the mark EUROSUISSE by a company with its main seat in Hong Kong. Among other things, the court accepted the argument that EUROSUISSE is an unusual juxtaposition of words, which, thanks to the inclusion of the word 'EURO', would not lead to the supposition that the goods originate from Switzerland.