WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IPIN/l/HUNID/l 
11 November 1996 
(96-4760) 
Original: English! 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Hungary 
The present document reproduces the text of the Decree-Law of the Presidium of the Hungarian 
People's Republic in the Protection of Industrial Designsl, as notified by Hungary under Article 63.2 
of the Agreement (see document IP/N/l/HUN/I). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTIFIEES 
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
Hongrie 
Le present document contient le textel du Decret-Ioi du Presidium de la Republique populaire 
hongroise sur la protection des dessins et modeles industriels, notifie par la Hongrie au titre de 
I'article 63:2 de l' Accord (voir le document IP/N/l/HUN/I). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PA.RRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
Hungria 
En el presente documento se reproduce el texto del Decreto Ley del Presidium de la Republica 
Popular de Hungria relativo a la protecci6n de los dibujos y modelos industriales l, notificado por Hungrfa 
en virtud de 10 dispuesto en el parrafo 2 del articulo 63 del Acuerdo (vease el 
documento IP IN I I IHUN I I). 
lEnglish only/anglais seulement/en ingles solamente. IPINIl! HUN/D/l 
Page 2 
HUNGARY 
Decree-Law of the Presidium of the HU!lgarian 
People's Republic on the Protection of Industrial 
Designs 
(No. 28 of 1978)* 
TABLE OF COJ\"Tl:KfS·· 
Section 
Chapter I -The Subject of Proll'crion of Industrial Designs and ir.s 
Duration 
Industrial Designs Entitled to Protection .......•....•. 1 
The Pcrs~;-.a: Rights of the Author of a Design •..•..•.•• , 2 
The Owner of the Design Protection . . . . . . • • . • • . . • . • • .• 3 
Remuneration Due to the Owner of the Design Protection and to the 
Author of an Employee"s Design •..•......•. 4 
Constitution and Duration of Design Protection . . . . . 5 
Effec~ Scope and Limitations of Design Protection ••. 6 
Expiry of Design Protection ..•.....••... 7 
Chapter lJ -Contracts for Ihe Exploitation of Designs 
Exploitation Contracts .................• 8 
Rights and Obligation$ of the Parties ...•...... 9 
Chcr)Jer l/l -lnfringement of thr Design and of its Protection 
Unlawful Borrowing of the Design • . • • • • • • . . . • . . . . 10 
Infringement of Design Protection • • . . . . . • • . • • • 11 
Establishing the Absence of Infringement .••••.•. 12 
Chapter IV -Design Proteaion Procedure Before the 
National Office of Inventions 
Competence, General Rules of Procedure . . . . . . 13 
Filing the Application for Design Protection. . . . . . . 14 
Administration of Matters Relating to Design Protection 15 
Chapter V -Judicial Procedure in Respect of Designs and Litigation Con­
cerning Designs 
Review of Decisions by the National Office of Inventions . 16 
General Provisions of judicial Procedure .. 17 
Taking of Decisions ••........ 18 
Appeal; Acticr. for Unlawfulness 19 
Litigation Concerning Design Protection 20 
Chapter Vl -Final Prodsions . • . . . . . • . • . . • • • • . • . • • 21 
• Hungarian tit/e: A Magyar Ntpkoztirsasig Elnoki Tamicsinak 1978, tvi 28. 
sdmu torvenyerejQ rendelete. 
Entry into forc~: March 1. 1979. 
Source: French translation furnished by the Hungarian authorities; for the 
original text in Hungarian, see Magyar hOl./ony, 84. Sl.am, p. 900 . 
•• This Table of Contents is added by WIPO for the convenience of the reader 
(Editor's note). Chapter I 
The Subject of Protection of Industrial Designs and Us 
Duration 
Industrial Desiglls Ellti(le~f to Protection 
1.--(1) The external shape of an industrial product 
(hereinafter "design") shall be entitled to the protec­
tion afforded to designs (hereinafter "design protec­
tion") if it is new and if protection is not excluded 
under paragraph (4). 
(2) A design shall be new if it has not been made 
accessible to the public to an extent permitting anyone 
to manufacture it. 
(3) The depositor shall obtain protection for the 
design if: 
(a) the design satisfies, at its priority date, the 
conditions laid down in paragraph (1); 
(b) the deposit of the design satisfies the formal 
conditions laid down in this Decree-Law. 
(4) The design shall not be entitled to design 
protection: 
(a) if it is detrimental to the normal use of the 
product; 
(b) if it is merely the consequence of the technical 
solution or of the purpose of the product; 
(c) if its purpose is identical to that of a design 
enjoying earlier priority or is similar thereto to such an 
extent as to create a risk of confusion; 
(d) if its use is contrary to the law or to the moral 
rules accepted by society, except in those cases where 
the law restricts only the selling of the product. 
The Personal Rights of (he Author of a Design 
2.--(1) The author of a design shall be the person 
who has created the design. Except where a court 
judgment having force of law stipulates otherwise, the 
person shown as the author of the design in the 
application filed with the National Office of Inven­
tions bearing the earliest priority date shall be consi­
dered the author of the design. 
(2) The author of the design shall have the right to 
be mentioned as such in the documents relating to the 
design protection. 
(3) In accordance with the Civil Code, the author 
ofthe design may institute proceedings against anyone 
who contests this capacity or who prejudices his other 
personal rights deriving from the design. IP/N/V HUN/DIl 
Page 3 
The Owner of the Design Protection 
3.-(1) Design protection shall belong to the 
author or to his successor in title. The rights in the 
design and in the design protection-save for the 
personal rights of the author-may be transmitted, 
assigned or limited. 
(2) Where the author is required under an employ­
ment contract or by other legal relationships to create 
a design (employee's design), the design protection 
shall belong to the employer or to the person whose 
right derives from other legal relationships. If the 
employer (the person whose right derives from other 
legal relationships) does not claim the design protec­
tion or does not respond, within 60 days, to the 
author's written notification, the latteror his successor 
in title may make use of the design. 
(3) If the design has been created jointly by more 
than one person, design protection shall belong jointly 
to the authors or to their successors in title. The 
provisions of the Civil Code concerning joint property 
shall apply, muratis mutandis, to the joint design 
protection, provided that where the design is 
exploited by one of the owners, he shall be required to 
pay appropriate remuneration to his associates in 
proportion to their share. 
( 4) Except ~here a judgment of a court having 
force of law or the decision of any other competent 
authority stipulates otherwise, the person having 
deposited the design with the National Office of 
Inventions on the earliest priority date shall be 
deemed to be the owner of the protection. 
(5) If two or more persons have made the same 
design independently of each other, design protection 
shall belong to the author or his successor in title who 
has deposited the design with the National Office of 
Inventions with the earliest priority date. 
(6) Prior to publication in the course of the deposit 
procedure, the design shall not be published except 
with the consent of the author. 
Remuneration Due to the Owner of the Design Protec­
tion and to the Author of an Employee's Design 
4.--(1) Where an exploitation contract has been 
concluded, fees shall be payable to the owner of the 
design. If the design is transmitted, the purcha-;e price 
shall fall to the owner and if an employee's dt!sign is 
exploited by the employer, the author of the design 
shall be entitled to remuneration. The amount of the 
license royalties, the purchase price and the remuner-IPINIl! HUNIDll 
Page 4 
ation may be stipulated-in proportion to the 
economic result-by contract, up to half the consider­
ation due to the authors of works of decorative art or 
of industrial projects. 
(2) Paragraph (1) shall not affect the royalties due 
to the owner of the design which enjoys .copyright 
protection under the relevant r.egulations. 
(3) The amount of the remuneration due to the 
author for the exploitation of designs in the commer­
cial activity of economic organizations and in foreign 
trade shall be stipulated by agreement between the 
parties. 
Constitution and Duration of Design Protection 
5.--{1) Design protection shall be constituted by 
the decision taken on the recording of the design; the 
effects of protection shall be retroactive to the date of 
deposit. 
(2) Design protection shall be granted for a term of 
five years as from the day of deposit. 
(3) The term of protection shall be renewed, at the 
request of the owner, once only for an additional term 
of five years. In the event of a renewal, the second 
term of protection shaH begin the day after the expiry 
of the first term. 
Effect, Scope and Limitations of Design Protection 
6.-(1) The owner of a design shaH enjoy as a 
result of design protection-as laid down by law-an 
exclusive right to produce systematically and put on 
sale a manufactured product incorporating the design 
(exploitation of the design) and to grant a license to 
exploit the design to a third party. 
(2) Contracts concerning the assignment of protec­
tion or contracts for exploiting a design may not be 
invoked in respect of a third party having acquired a 
right in good faith under a bilateral contract, unless 
they have been entered in the Design Register. 
(3) The scope of design protection shall be deter­
mined by the external shape of the design capable of 
being identified by means of a photograph or of a 
graphical representation deposited in the Design 
Register. 
(4) Subject to reciprocity, design protection shall 
not extend to means of movement and transport in 
transit in the territory of the country nor to merchan­
dise of foreign origin not intended to be put on sale in 
the country. Expiry of Design Protection 
7.--{ 1) Design protection shall expire: 
(a) when the term of protection comes to an end 
without being renewed, on the day following the 
expiration date of the period of protection; 
(b) if the owner of design protection surrenders 
protection, the day following the day of receipt of the 
statement of surrender or at a later date specified by 
the person surrendering design protection; 
(c) if cancellation of design protection is ordered, 
with retroactive effect to the day of deposit of the 
design. 
(2) The owner entered in the Design Register may 
surrender the design protection by a written statement 
addressed to the National Office of Inventions. If 
surrender affects rights afforded to third persons by 
the law, by a decision of the authorities or by an 
exploitation contract entered in the Design Register 
or, if proceedings are entered in the Design.Register. 
surrender shall be acceptable only if the person 
concerned gives his consent. 
(3) Design protection shall be cancelled if the 
subject of the design protection does not meet the 
conditions set out in Section 1 (1). The decision to 
cancel shall be entered in the Design Register and 
published in the Official Gazette of the National 
Office of Inventions. 
Chapter 11 
Contracts for the Exploitation of Designs 
Exploiration COlllracts 
8.-( 1) Under an exploitation contract (design 
licensing contract) the owner of design protection 
shall grant a license for exploiting the design; in 
exchange, the exploiter shall be required to pay 
royalties to the owner. 
(2) The parties may derogate, by mutual agree­
ment, from the provisions concerning exploitation 
contracts where such derogation is not prohibited by 
law. 
(3) The Civil Code shall apply to matters not 
regulated in this Decree-Law. Rights and Obligations of the Parties 
9.--{ 1) The owner of design protection shall guar­
antee, for the full duration of the exploitation 
contract, that no third party will be afforded any right 
whatsoever to the design protection that may consti­
tute an obstacle to exploitation or that might limit. it. 
This guarantee shall be subject to the provisions on 
the seller's responsibility for the transfer of property 
rights, except that the option of waiver shall be 
replaced, for the exploiter, by the possibility of 
terminating the contract with immediate effect. 
(2) The exploitation contract shaH extend, without 
any territorial or temporal limit, to all modes of 
exploitation whatever their extent. However, the 
licensing contract shall not afford an exclusive exploi­
tation right unless a special clause has been stipulated 
to that effect. 
(3) The exploiter may not grant a third party a 
license to use the design unless the owner ofthe design 
protection has given his express authorization. 
(4) Where design protection is annuJled with retro­
active effect to the date of its origin, the exploiter may 
only claim that part of the royalties already paid which 
is not covered by the useful results deriving from 
c"xploitation of the design. 
Chapter III 
Infringement of the Design and of its Protection 
Unlawful Borrowing of the Design 
10. \\'here the subject of the deposit of the design 
or of design protection has been unlawfully borrowed 
from another person's design, the person having 
suffered the damage or his successor in title may 
claim the complete or partial assignment of the said 
deposit. 
Infringement of Design Protection 
11.--{1) Any unlawful exploitation of a protected 
design shall be a breach of the design protection 
(hereinafter "infringement"). 
(2) The owner of the design protection may insti­
tute civil proceedings against the infringer as provided" 
for in Section 84(1) of the Civil Code. 
(3) The exploiter of a design entered in the Design 
Register may act in his own name against the infringer IPINIl! HUN/D/l 
Page 5 
if he has requested the owner of the design protection 
to take the necessary steps to put an end to the 
infringement and the owner has not instituted any 
proceedings within 30 days of notification. 
Establishing the Absence of infringement 
12.--{ 1) Any person fearing that design infringe­
ment proceedings are to be instituted against him may, 
before the commencement of the procedure, have the 
court establish that the product manufactured or to be 
manufactured by that person does not prejUdice a 
given design. 
(2) \Vhere a final judgment establishes the absence 
of infringement, no infringement proceedings may be 
instituted on the basis of the design protection re­
ferred to with respect to that same product. 
Chapter IV 
Design Protection Procedure Before the National 
Office of Inventions 
Compelence, General Rules of Procedure 
13.--{1) The National Office of Inventions shall 
be competent for: 
(a) granting design protection; 
(b) renewing design protection; 
(c) establishing the expiry of design protection; 
(d) annulling design protection; . 
(e) establishing the absence of infringement; 
(f) matters related to design registration. 
(2) The National Office of Inventions shall apply, 
as regards design protection, the provisions of La~' 
No. IV of 1957 on the general provisions concerning 
administrative procedure, subject to the derogations 
provided in this Decree-Law. 
Filing the Application for Design Protection 
14.--:-( 1) The procedure for t he grant of design 
protection shall begin with the filing of an application 
with the National Office of Inventions. 
(2) The application shall comprise a request, a 
photograph or graphical representation of the design 
and a statement of the product to which the depositor 
wishes to apply the design. The President of the IP/N/l! HUN/DIl 
Page 6 
National Office of Inventions shall publish, by means 
of a notice in the Hungarian Official Gazette. the 
formal and detailed provisions for filing the design 
protection application. 
(3) Only an application containing at least the 
name and address of the depositor and a photograph 
or graphical representation of the design may give rise 
to a right. 
Administration of A.-tatters Relating to Desigll 
Protection 
15.--(1) Law No. 11 of 1969 on the Protection of 
Inventions by Patents 1 and the Decree implementing 
that Law,l concerning the· full examination of patent 
applications, shall be applicable mutatis mutandis to 
priority, examination, publication of the application 
for design protection, 
notification of the 
expiry and annulment of protection, the establishment 
of the absence of infringement and the registration of 
matters relating to design protection. 
(2) The owner of the design shall submit his 
request for renewal of the term of design protection, 
stating the registration number, to the National Office 
of Inventions. Such request may only be submitted 
within a period of six months from the day of expiry of 
the term of protection. Where this time limit is not 
respected, the request for reinstatement shall not be 
acceptable. 
(3) The renewal of design protection shall be 
entered in the Design Register and published in the 
Official Gazette of the National Office of Inven­
tions. 
Chapter V 
Judicial Procedure in Respect of Designs and Litiga­
tion Concerning Designs 
Review of Decisions by the NatiOllal Office 
of inventions 
16.--{1) On request~ the court may review deci­
sions taken by the National Office of Inventions 
relating to: 
(a) the grant and renewal of design protection; 
( b) estab lishi ng t he expiry of design protection; 
I See Industrial Properry. 1970. p. 112/313. 
llhid., 1970. p. 314. (c) annulment of design protection; 
(d) establishing the absence of infringement. 
(2) Any person having participated as a party in the 
proceedings before the National Office of Inventions 
may request a review of the decision. The prosecutor 
may also request a review of the decision. 
(3) The request shall be submitted to the National 
Office of Inventions or to the court within 30 days of 
notification of the decision to the party concerned. In 
the event of this time limit not being respected, a 
request for reinstatement may be submitted in accor­
dance with the Code of Civil Procedure; the court 
shall pronounce on the request for reinstatement. 
(4) The National Office of Inventions shall be 
required to transmit the request to the court, together 
with the relevant file, within eight days. \Vhere the 
request is submitted to the court, the National Office 
of Inventions shall be required, at the request of the 
court, to transmit the relevant file to the court. 
General Provisiolls of Judicial Procedure 
17.---{ 1) The court shall pronounce on requests for 
review of decisions taken in respect of design protec­
tion, in accordance with civil procedure in non­
contentious proceedings, subject to the derogations 
provided for in this Chapter. 
(2) Appeals for review of decisions taken by the 
National Office of Inventions shall be within the 
exclusive competence and responsibility of the Buda­
pest Metropolitan Court. The Budapest Metropolitan 
Court shall be composed of three professional judges 
when sitting in the proceedings referred to. 
(3) In addition to the cases listed in Sections 13 to 
15 and 21 of the Code of Civil Procedure, the persons 
having participated in the decision by the National 
Office of Inventions, together with their close rela­
tions or divorced spouses, as defined in Section 13(2), 
shall be excluded from the procedure and may not 
participate therein as judges. This also applies to 
minute writers and experts. 
(4) In addition to the persons defin~d in 
Section 67(1) of the Code of Civil Procedure, consult­
ing engineers may also exercise the functions \)f 
representative during the procedure. 
Taking of Decisions 
18.--( 1) Before taking its decision and on request, 
the court shall hear the parties. If the matter cannot be judged on the basis of the file, the court, in accordance 
with the provisions of the Code of Civil Procedure, 
shall hold a hearing and shall examine the evidence. 
The court may exclude the public from the hearing or 
from the pronouncement of the judgment, even where 
the conditions of Section 7 of the Code of Civil 
Procedure are not met. 
(2) The court shall reject a request for review of a 
decision by the National Office of lnventions or shall 
amend such decision or, in those cases listed in 
paragraph (3), shaH annul such decision. Where the 
court amends the decision, the latter's judgment shall 
replace the decision of the National Office of Inven­
tions. 
(3) The court shall annul the decision and order the 
National Office of Inventions to institute a new 
procedure if: 
(a) a person against whom incompatibility may be 
invoked has participated in the taking of the decision; 
or 
(b) during the proceedings before the National 
Office of Inventions. any other fundamental breach of 
procedure which cannot be remedied by the court 
occurred. 
Appeal; Action for Unlawfulness 
19.--( 1) The provisions of the Code of Civil 
Procedure concerning appeals from court decisions 
shall apply in respect of appeals from decisions of first 
instance courts and the examination of the appeal; 
however, limited evidence may be taken also by the 
court of second instance. . 
(2) Final decisions rejecting a request for design 
protection, establishing the expiry of design protec­
tion or annulling design protection, may not be 
annulled as regards substance by means of an appeal 
for unlawfulness; the decision of the Supreme Court 
shall restrict itself to establishing a violation of the 
law. 
Litigation Concerning Design Protection 
20.--( 1) The court shall apply the general provi­
sions of the Code of Civil Procedure, subject to the 
derogations provided for in paragraphs (2) and (3), in 
proceedings instituted for breach of design protection 
and in all other litigation concerning design protec­
tion. IPINIl! HUN/DIl 
Page 7 
(2) Proceedings instituted for breach of design 
protection shall be within the exclusive compe­
tence-both substantive and territorial--of the 
Budapest Metropolitan Court. 
(3) The provisions of Section 17(2) concerning 
the constitution of the court chamber, the pro\'isions 
of Section 17(4) concerning the functions of consult­
ing engineers and the provisions of Section 18(1) 
concerning the exclusion of the public shall also apply 
to proceedings instituted for breach of design protec­
tion. 
Chapter VI 
Final Pro\'isions 
21.-(1) This Decree-Law shall enter into force on 
March 1, 1979. 
(2) On the entry into force of this Decree-Law the 
following shall be repealed: 
-the provisions still in force, relating to designs, 
of Law No. Xl of 1911 on temporary protection for 
the duration of exhibitions of patentable inventions, 
designs and marks, together with provisions relating 
to designs in Decree No. 30.500/1911 of the Ministry 
of Trade concerning the execution of the above­
mentioned provisions; 
-Section 72(3) of Law No. II of 1969· on the 
protection of patents; 
-the provisions still in force of Decree No. 
107.709/1907 of the Ministry of Trade on the legal 
protection of industrial designs and their registration, 
together with the provisions supplementing and 
amending that Decree. 
(3) This Decree-Law shall be applicable to ongo­
ing proceedings and to designs protected at the time of 
its entl)' into force. The provisions of the preceeding 
legislation shall be applicable in respect of the term of 
protection of the designs protected on the entry into 
force of this Decree-Law; however, the form of 
protection may be renewed in accordance with 
Section 5(3). Design exploitation contracts concluded 
prior to the entry into force of this Decree-Law shall 
maintain their validity. 
(4) The Minister of Justice shall be authorized to 
lay down by decree, in collaboration with the Presi­
dent of the National Committee for Technical Devel­
opment and the President of the National Office of 
Inventions, detailed provisions of judicial procedure 
concerning proceedings for design protection.