Plant variety protection provides legal protection for bred plant varieties.
Both the territorial and temporal validity of plant variety protection is limited, it is applicable only in the country where it was granted and it has a term of 25 years, or in the case of vines and tree species a term of 30 years, from the date of the grant of protection.
The holder of a plant variety protection has an exclusive right to exploit the plant variety or to give his consent to others to do so. The right holder is entitled to sue anyone exploiting his plant variety right without his consent.
Any natural or legal person or their authorized representative.
The proceedings shall be initiated by filing an application for plant variety right with the Hungarian Intellectual Property Office.
The possibility of electronic administration is available through the electronic administration system of the Hungarian Intellectual Property Office (HIPO) (available only in Hungarian)
Electronic submissions may be filed with the HIPO only by using the free-of-charge form provided for this purpose. The form can be accessed by clicking the Electronically button.
In proceedings before the HIPO, electronic communication is possible only in a manner linked to identification, except for requests for information and their execution, as well as international patent cases.
Identification can be done in the following ways:
User identification system created by the HIPO, based on a one-time re-identification with the Central Authentication Agent.
Electronic signature with enhanced security is a minimum requirement.
When turning to the HIPO after identification through a partner card or the Central Authentication Agent, the HIPO will send its decisions, notifications and other calls made during the procedure to the client’s official electronic storage space.
It is important to emphasize that in case of identification with an electronic signature, the HIPO cannot communicate with its clients electronically and can deliver its decisions only on paper.
The filing procedure is as follows:
1. Download the form to your device. Filling out the form in a web browser is not recommended.
2. Login to the electronic administration system of the HIPO by using the Central Authorization Agent, partner card or electronic signature. If you have an electronic signature, please choose identification using an electronic signature with enhanced security.
3. Upload the filled form into the system. Based on the attachments marked in the form, a table will appear in which the attachments must be uploaded one by one. If you have already compiled these into a directory, you will easily find the right documents.
The size of files that can be attached to forms cannot exceed 150 MB each. The total size of the submission and all attachments may not exceed 300MB.
4. Indicate that you really intended to compile this submission, or look at the HTML submission summary.
The system compiles your submission, encrypts it and sends it to HIPO. HIPO sends an automatic notification about the arrival of the submission.
For further information on filing an a application for plant variety protection, on the authorisation procedure and on the procedures related to plant variety protection see: Plant Variety Protection | Hungarian Intellectual Property Office (gov.hu)
There are no administrative time limits laid down in the applicable laws. In plant variety rights procedures the administrative time limits laid down in the Act on General Public Administration Procedure do not apply, nor do apply the provisions of the Act on General Public Administration Procedure which set time limits for other measures of the acting authority.
The administrative time limit of the proceedings is determined mainly by the applicant’s timing of his filing of the report on the experimental testing.
The application for plant variety right filed with the Hungarian Intellectual Property Office shall contain at least the following:
Application fee HUF 32000
– paid in the first three months of the grace period of six months
a) **HUF 53400 yearly from the first to the tenth year
b) *** HUF 106800 yearly from the eleventh year to the termination of the protection due to expiry
– paid from the fourth month of the grace period of six months
a)** HUF 80100 yearly from the first to the tenth year
b)*** HUF 160200 yearly from the eleventh year to the termination of the protection due to expiry
NB: If, at the time of payment, the sole right holder of the claim to the plant variety protection or the plant variety protection right is the breeder himself, he has to pay only 25% of the application fee and 50% of the maintenance fee.
** For vines or trees only 50% of the given amount has to be paid.
*** For vines or trees only 75% of the given amount has to be paid.
The fees for the procedure shall be paid to budgetary account No. 10032000-01731842 of HIPO kept with the Hungarian State Treasury by bank transfer or money order, with the indication of the identifying data (reference number or registration number) and the purpose (legal title).
Hungarian Intellectual Property Office
The procedure for reviewing the decisions of the HIPO falls within the competence and exclusive jurisdiction of the Budapest-Capital Regional Court. Review of a decision may be requested by any party to the proceedings before the HIPO, any person excluded from, or limited in, the inspection of files or any person whose status as a party to the proceedings has been denied. Other participants in the proceedings before the HIPO may, in their own right, file an independent request for review against the relevant provision of the decision or the decision concerning them. The time limit for submitting a request for reviewing the decision is 30 days from the date of notification of the decision to the party or other party to the proceedings. The request shall be filed with the HIPO, but it shall be addressed to the Budapest-Capital Regional Court. A fee of HUF 10,500 must be paid when filing the request, in the case of electronic filing by bank transfer.
In the absence of a provision of an international treaty to the contrary, foreign applicants shall be represented by an authorised patent attorney or an attorney-at-law in all patent matters.
This provision shall not apply if the foreigner is a natural person or a legal entity whose permanent residence or domicile is in the territory of a Member State of the European Economic Area.
Please also be advised that the language of proceedings before the HIPO is Hungarian.
Further information is available at https://www.sztnh.gov.hu/en/client-service
Act XXXIII of 1995 on the protection of inventions by patents
Decree No. 20/2002. (XII. 12.) IM on the detailed formalities for patent applications, documents filed in relation to European patent applications, European patents and international patent applications and for applications for plant variety protection
Decree No. 19/2005. (IV. 12.) GKM on the fees for administrative services in industrial property procedures before the Hungarian Patent Office
Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights