IP/N/1/HUN/3  
IP/N/1/HUN/P/3  
 
4 June 2020  
(20-4013)  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 : GOVERNMENT DECREE 21 2/2020 (16 MAY) ON P UBLIC HEALTH  
COMPULSORY LICENCES FOR EXPLOITATION WIT HIN HUNGARY  
Notifying Member  HUNGARY  
 
Details of the notified legal text  
 
Title Government Decree 212/2020 (16 May) on public health compulsory licences 
for exploitation within Hungary  
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_3563_00_e.pdf   
https://ip -documents.info/2020/IP/HUN/20_3563_00_x.pdf  
 
Notification status  [X] First notification  
[  ] Amendment or revision to notified legal text  
[  ] Replacement or consolidation of notified legal text(s)  
Previous 
notification(s) 
referred to  Not applicable  
Brief description of the notified legal text  
 
In connection with the COVID19 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 M ay) on public health compulsory licences for exploitation 
within Hungary, based on Art 31 of the TRIP S Agreement, creates a public health compulsory licen ce 
for exploitation within Hungary.  
 
With a view to satisfying the needs arising within Hungary in co nnection with the health crisis, the 
Hungarian Intellectual Property Office (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.  IP/N/1/HUN/3 • IP/N/1/HUN/P/3  
 
- 2 - 
 
  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 solely for satisfying the needs arising 
within Hungary as set out under Art 1(1) of the Gover nment Decree.  
 
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 holder may not grant any 
licence for exploitation.  
 
The period and fees of the compulsory licence are determined by HIPO.  
 
Healthcare products produced on the basis of a public health compulsory licence shall be 
distinguished from products produced by the patent 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 shall be clearly indicated on the 
packaging and any related documents.  
 
Upon the termination of the State of Danger, the Government Decree shall cease to have effect.  
 
Language(s) of 
notified legal text English, Hungarian  
Entry into force  17 May 2020; Upon the termination of the State of Danger, the Government 
Decree shall cease to have effect.  
 
Other date   Publication: 16 May 2020  
 
Notification details  
 
Submission date 
of notification  3 June 2020  
Other information   
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.