Intellectual Property Rights in Hungary and in the

Intellectual Property Rights in Hungary and in the EU Ágnes Kókai-Kuun/ dr. Szabó On behalf of Prof. Dr. Mira Sundara Rajan October-25 -2008

Hungary

The Hungarian Patent Office 1896 Establishment 1884 Copyright Act 1890 Trade-Mark Act 1895 Patent Act 1907 Industrial design Act

New Regulations after 1990 n n 1991 Utility Model Act Integrated circuit top. Act 1994 product patents were introduced for medicines, chemicals and foodstuffs. n 1995 Patent Act n 1997 Trade-Mark Act n 1999 Copyright Act n 2001 Design Act

I. IP Rights in Hungary, as compared to Canada

Copyright Hungary Canada Key Criteria Original, fixed in material form Term -Life of the authors +70 years - Neighbourhood rights 50 years - Databasis 15 years Life of the authors +50 years

Patents Hungary New, Key. Criteria Useful, Inventive (nonobivious) Term 20 years from the filing date Canada New, Useful, Inventive (non-obivious) 20 years from the filing date on appl. filed on or after Oct. 1. 1989.

Supplementary Protection Certificate (SPC) n n Council Regulation (EEC) No 1768/92 creating a Supplementary Protection Certificate for medicinal products Council Regulation (EC) No 1610/96 creating a Supplementary Protection Certificate for plant protection products

Supplementary Protection Certificate (SPC) n Sui generis form of legal protection that extends protection conferred by a patent („basic patent”) in respect of - a medicinal product or - plant protection product Basic patent SPC __________max. 5 years

Plant Variety Rights n n 1969 -2002 Patent 2002 sui generis Plant variety protection, in accordance with UPOV 1991 Convention and community plant variety rights

Plant Variety Rights Hungary Canada Key Criteria New DUS Term 18 years 30 years vin and tree 25 years other plant varieties HPO ( DUS –National Plant Breeders’ Institute for Agricultural Rights Office (part of Canadian Food Quality Control) Inspection Agency)

Design Key Criteria Term Hungary Canada Novel, Non-obvious, Ornamental 5 years from the filing date + renewals (max. 4 x) Novel, Non-obvious, Ornamental 10 years from the filing date

Hungarian Trade-Marks Act 1997 Trade-Marks Product indications Collective Trade. Marks Certification Marks Geographical indication Designation of origin Geographical indication

Trade-Marks Hungary Canada Key Criteria Distinctivnes No absolute or relative ground for refusal Different types of appl. Use + same as in Hungary Term 10 + renewals 15 years + renewals Opposition Use Since 2004 May 1 A period of five years following the registration Yes

Geograhpical indications n n 1997 collective rights Protection from the filing date – no time limit Industrial products, wines and spirits National registration for agricultural products and foodstuffs till 2004 Oktober 10

Hungarian applications for PDO and PGI Kalocsai füszerpaprika Szegedi füszerpaprika Csabai kolbász Gyulai kolbász Szegedi téliszalámi(registered) Budapesti téliszalámi Makói hagyma (onion) Hajdúsági torma (horsradish) Gönci kajszi barack (apricot) Szőregi rózsatő (rose) Alföldi kamillavirág (kamomil)

II. IP Rights in the European Union

EU Member States (27)

New Member States of EU since 2004 May 01 n n Cyprus Malta Poland Hungary n n n n Latvia Lithuania Estonia Slovakia Czech Republic Slovenia Bulgaria (2007) Romania(2007)

Candidate countries n n Croatia Former Yugoslav Republic Macedonia n Turkey

European Union Community Plant Variety Rights Community Plant Variety Office, Angers, France Community Trade-Mark Community Design Office for Harminization Internal Market, Alicante, Spain

European Community protections PDO PGI 1992 for agricultural products and foodstuff August 1 2009 for wines 2008 for spirits Community Trade-Mark Community Design Plant Variety Right 1994 2001 1994 No national protection, National and community protection, No national protection during the community protection

Community patent n n Commision proposal of 1 August 2000, for Regulation of the Council on Community patent. The proposed system is not to replace the existing national and European systems. „Symbiosis” between two systems: the Regulation on Community patent and the Munich Convention. The Community patent will be issued by the EPO as a European patent specifying the territory of the Community instead of individual Member States.

Geographical indications in the EU n n PDO and PGI for agricultural products and foodstuff in the EU Protected Designation of Origin for Wines Protected Designation of Origin for Spirits Instrument for agricultural policy and organization for a market, e. g

PDO, PGI Quality-policy in the EU n Council Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs

PDO and PGI for agricultural products and foodstuffs in the EU n PDO (Protected Designation of Origin) covers the term used to describe foodstuffs which are produced, processed and prepared in a given geographical area using recognized know-how. n PGI (Protected Geographical Indication) the geographical link must occur in at least one of the stages of production, processing or preparation. Furthermore, the product can benefit from a good reputation.

PDO and PGI for agricultural products and foodstuffs in the EU n n Registration procedure: two stages examinational level examination and registration - Community level Since 1993 over 150 cheese, 160 meat and meatbased products, 150 fresh or processed fruits or vegetables and 80 types of olive oil have been registred.

Scope of the Regulation (PDO-PGI) n n n Fresh meat Meat based products (cooked, salted, smoked, etc. ) Cheeses Other products of animal origin (eggs, honey, milk ) Oils and fats (butter, margarine, oils, etc. ) Fruits, vegetables, cereals, whether or not processed Fish, molluscs, fresh crustaceans and. . . -based products Beer Beverages made from plant extracts Bread, pastry, cakes, confectionery, biscuits and other baker's wares Other agricultural products

Scope of the Regulation (PDOPGI) n n n Food preparations containing cocoa Pasta, including cooked or stuffed Prepared dishes Prepared sauces Soups and stocks Ice-cream and sorbet

WTO Dispute Settlement WT/DS 174 and WT/DS 290 by US and Australia n n n 2081/92 EC product specifications inspection EC provided for protection of third-country GIs under EC Reg. if that third country provided similar protection for EC GIs n n TRIPS Art. 22: 1 GI are any indications pointing to a given country, region or locallity Use a more general concept of „geographical origin”.

WTO Dispute Settlement (2003) WT/DS 174 and WT/DS 290 by US and Australia The claims Trade Marks claim PDO-PGI ver. earlier TM National treatement claim Applications from third countries

WTO Panel Reports WTO Dispute Settlement Body adopted the panel reports , which conclude that Regulation (EEC) No 2081/92 is incompatible with Article 3: 1 of the TRIPS and with Article III: 4 of GATT n The DSB based this finding on the reciprocity and equivalence conditions of Art. 12 EEC Regulation. n

After the WTO Panel Report n The European Commission has adopted new regulation for protected geographical indications (PGI), protected designations of origin (PDOs).

After the WTO Panel Report n n n Council Regulation (EC) No 509/2006 on agricultural products and foodstuffs as traditional specialities guaranteed Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs April 2006

New rules n n From 3 April 2006, applications for registration of PDOs and PGIs by producers in third countries, and objections to applications by individuals in third countries, can be made directly to the Commission. Relation between trade marks, designation of origin and geographical indications

Geographical indications for wines and spirits in the EU n n Council Regulation (EC) No 479/20008 of 29 April 2008 on the common organization of the market in wine Council Regulation (EEC) No 110/2008 of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks

Enforcement European Parliament and Council Directive (EC) No 2004/48 on the enforcement of intellectual property rights Entered into force 2004 June 6 Deadline for transposition in the Member 2006 April 29 States

The scope of the Directive n n n copyrights related to copyright, sui generis right of a database maker, rights of the creator of the topographies of a semiconductor product, trademark rights, design rights, n n n patent rights, including rights derived from supplementary protection certificates, geographical indications, utility model rights, plant variety rights, trade names, in so far as these are protected as exclusive property rights in the national law

Enforcement n n n n Persons entitled to apply for the application of the measures and procedures Evidence Right of information Provisonal and precautionary measures Measures resulting from a decision on the merits of the case Damages and legal costs Sanctions by member states

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