Company Law (Chapter 5) - Hungary

Project title: ”Training on selected topics of Intellectual Property Rights within the company chapter of the Acquis (EC IPRS)”

Country: Hungary

Recipient authority: Hungarian Patent Office in Budapest

Project description:

The overall goal of the project was to support the Hungarian preparations for EU membership with the immediate objective to give a better understanding of the topics of Intellectual Property Rights within the Company Chapter of the acquis

(EC IPRS).

The project was implemented in November 1999 and included the following issues:

• an overview of the historic development of the EPC and the agreement relating to Community Patent from 1989.

• the articles of the EPC which regulate the territory covered by the convention

• the rights conferred by application and patent - the translation requirements

• the role of the national offices and invalidity proceedings and enforcement of rights

•  the basis in the EPC, for the Community Patent Convention (CPC) having the EPC as an integral part of the CPC

• consequences for the Danish Patent Office, industry and patent attorneys after Denmark’s accession to the EPC in 1990

• the most relevant parts of the “Agreement relating to Community Patents”, including the political statement in the preamble, the CPC and the “Protocol on Litigation”.

• Commission’s “Green Paper on the Community Patent and Patent Systems in Europe” from 1997 and the “Follow-up to the Green Paper” from 1999.

• Community Trade Mark, including its history, requirements for registration and exhaustion of rights – with examples illustrating the problems and case law.

• Design Rights in the Future Community Design

• The Hague Arrangement and the OHIM - supplemented by interesting case law. Many of the cases were Danish court decisions illustrating Danish practice.

• the interpretation of the maximum time of protection enjoyed by the future EU design protection

• Internet related aspects of trade marks and copyrights