IP/N/1/HUN/4  
IP/N/1/HUN/P/4  
 
10 July 2020  
(20-4769)  Page: 1/2 
Council for Trade -Related Aspects of  
Intellectual Property Rights  Original: English  
 
 
NOTIFICATION OF LAWS  AND REGULATIONS  
UNDER ARTICLE 63.2 O F THE TRIPS AGREEMENT  
HUNGARY : ACT LVIII OF 2020 ON  TRANSITIONAL RULES RELATED TO THE TERMI NATION OF 
STATE OF DANGER AND ON EPIDEMIOLOGICAL P REPAREDNESS  
Notifying Member  HUNGARY  
 
Details of the notified legal text  
 
Title Act LVIII of 2020 on Transitional Rules related to the Termination of State of 
Danger and on Epidemiological Preparedness  
Subject matter  Patents (including plant variety protection)  
Nature of 
notification  [  ] Main dedicated intellectual property law or regulation  
[X] Other law or regulation  
Link to legal text* https://ip -documents.info/2020/IP/HUN/20_4136_00_x. pdf  
 
Notification status  [  ] First notification  
[X] Amendment or revision to notified legal text  
[  ] Replacement or consolidation of notified legal text(s)  
Previous 
notification(s) 
referred to  IP/N/1/HUN/P/1  
Brief description of the notified legal text  
 
In connection with the COVID -19 pandemic, the Hungarian Government declared special legal order 
(State of Danger). During this period, the Government may adopt decrees by means of which it 
may, as provided for by a cardinal Act, suspend the application of certain Acts, derogate from the 
provisions of Acts and take other extraordinary measures.  
 
The Government Decree 212/2020 (16 May) on public health compulsory licences for exploitation 
within Hungary (hereinafter mentioned as Government Decree 212/2020), based on Art 31 of the 
TRIPS Agreement, created a public health compulsory licen ce for exploitation within Hungary.  
 
The special legal order (State of Danger) was terminated on 18th of June 2020, and thus Government 
Decree 212/2020 ceased to have effect on that day.  
 
Act LVIII of 2020 on Transitional Rules related to the Termination of State of Danger and on 
Epidemiological Preparedness amended necessary modifications regarding the termination of the 
special legal order, including the modification of the Hungarian Patent Act (Law No. XXXII I of 1995 
on the Protection of Inventions by Patents, hereinafter mentioned as HPA), which came into force 
on 18th of June 2020. This modification enacted the public health compulsory licen ce to the HPA, 
with slight modifications compared to Government Dec ree 212/2020.  
 IP/N/1/HUN/4 • IP/N/1/HUN/P/4  
 
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  The main difference between Government Decree 212/2020 and the HPA's compulsory licence is 
that under HPA it is possible to acquire a licence for uses in connection with export, if the invention 
is not protected by patent or supplementary p rotection certificate in the destination country, or the 
destination country also issued a compulsory licence regarding the invention.  
 
With a view to satisfying the needs arising in connection with the health crisis, the Hungarian 
Intellectual Property Of fice (hereinafter "HIPO") shall issue a public health compulsory licence for 
the exploitation of  
 
(a)  a medicinal product or an active substance under patent or supplementary protection, or a 
 medical device or an investigational medicinal product under patent protection (hereinafter 
 jointly "healthcare product"), or  
 
(b)  a procedure, equipment or tool under patent protection that is required for the production of 
 a healthcare product.  
 
On the basis of a public health compulsory licence, the compulsory licence holder shall be entitled 
to exploit the healthcare product, procedure, equipment or tool solel y for satisfying the needs arising 
in connection with pandemic situations.  
 
The public health compulsory licence shall not confer exclusive right of exploitation; on the basis of 
the public health compulsory licence, the public health compulsory licence ho lder may not grant any 
licence for exploitation.  
 
The period and fees of the compulsory licence is determined by HIPO.  
 
Healthcare products produced on the basis of a public health compulsory licence shall be 
distinguished from products produced by the pat ent holder by a unique marking. The fact that a 
healthcare product was produced on the basis of a public health compulsory licence granted by the 
HIPO for the sole purpose of placing it into market in Hungary or a specific destination country shall 
be clea rly indicated on the packaging and any related documents.  
 
Language(s) of 
notified legal text Hungarian  
Entry into force  18 June 2020  
Other date   Publication: 17 June 2020  
 
Notification details  
 
Submission date 
of notification  8 July 2020  
Other information  Law No. XXXIII of 1995 on the Protection of Inventions by Patents   
(in Hungarian)  
 
https://ip -documents.info/2020/IP/HUN/20_4136_01_x.pdf  
 
Agency or 
authority 
responsible  Ministry of Justice of Hungary  
1055 Budapest, Kossuth Lajos tér 4.  
 
Department of Competition Law, Consumer Protection and IP Law  
vfsztfo@im.gov.hu  
 
* Links are provided to texts of laws and regulations notified under the TRIPS Agreement in the form 
supplied by the Member concerned; the WTO Secretariat does not endorse or revise their content.