Annual Technical Report on Industrial Design Information Activities in 2018 submitted by Hungarian Intellectual Property Office
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The expression "industrial designs" covers industrial designs and models.
Offices which issue design patents should report their design patent information activities in this series of Annual Technical Reports.
I. GENERAL OVERVIEW OF RECENT DEVELOPMENTS IN INDUSTRIAL DESIGN INFORMATION ACTIVITIES CARRIED OUT BY THE OFFICE
Outline of main policies and plans aimed at development of industrial design information activities and expected time frames for their realization
The Office considers as objectives of outstanding importance to provide information on the protection of intellectual property, to raise awareness of industrial property right protection and copyright protection, with special emphasis on helping enterprises – especially small and medium-sized ones – to broaden their knowledge of industrial property rights and copyright protection, and to promote the respect of intellectual property rights.
New projects launched or resumed this year in the context of the policies(plans) mentioned above, short description: aims, partners, tasks
Main areas of industrial design information activities and related information and communication technology (ICT) practices which were in the focus of attention last year
Act CXX of 2017 on the Amendment of the Rules relating to the Protection of Utility Models significantly amended Act XXXVIII of 1991 on the Protection of Utility Models (Utility Models Act) as of 1 January 2018. So, for example, it further clarified the definition of ’model‘ and ’inventive step‘, as well as the relationship of the Utility Models Act with Act XXXIII of 1995 on the Protection of Inventions by Patents; it also amended the conditions of the revocation of utility model protections, the applicable time limits, the possibilities for access to files, determined the rules of the according to a filing date, and introduced the institution of the protectability opinion.
The free of charge intellectual property diagnosis service, restarted in 2017, continued to operate in 2018 with the support of EPO. The IP diagnostics service offers tailor-made advice for innovative enterprises on the possibilities of legal protection for their intellectual property. Within the framework of the Bilateral Cooperation Plan concluded between EPO and HIPO, between 2016 and 2018 the Office could make 30 IP diagnoses free of charge in order to raise awareness among small and medium-sized enterprises.
Statistics: changes in terms of application filings and grants (registrations) with respect to previous year; trends or areas experiencing rapid changes
Figures of national design proceedings (number of designs) in 2018
Valid designs in 2018: 3558
Valid designs in 2017: 3746
Number of designs in the applications in 2018: 619
Number of designs in the applications in 2017: 688
Closed proceedings in 2018: 201
Closed proceedings in 2017: 372
Granted design rights in 2018: 506
Granted design rights in 2017: 231
The number of design applications was 135, while the number of designs contained therein was 619 in 2018. Thus, one application contained 4.6 designs on average. In the course of the year HIPO concluded 201 cases, which contained 910 designs. From among the concluded cases 104 resulted in the granting of 506 designs and their registration.
Of the applications 96% have been filed by domestic applicants, 74% of whom were individual applicants and 26% entities. At the end of the year, there were 3564 valid national design protections.
Figures of international design proceedings under the Hague Agreement and Registered Community Design
The number of design applications filed within the framework of international cooperation (under the Hague Agreement) designating Hungary was 23, and the number of designs included in those applications was 54.
According to data of the European Union Intellectual Property Office (EUIPO) in 2018 the number of RCD applications amounted to 26,309, approximately the same as the year before, and that of the designs contained therein to 93,361; this represented a decrease of nearly 3% compared to the previous year. The number of designs contained in the applications was 3.5 on average. The number of designs registered in 2018 by the EUIPO was 92 711, nearly 3% less than in 2017. Although the design activity of Hungarian applicants was of low intensity, it still increased by 3% to 242 designs.
Other matters and useful links (URLs): annual report of the Office, news page, statistics, etc.
HIPO Facts and Figures 2018: https://www.sztnh.gov.hu/sites/default/files/sztnh_2018.pdf
II. SERVICES AND ACTIVITIES RELATED TO INDUSTRIAL DESIGN INFORMATION CARRIED OUT BY THE OFFICE
Information and support provided by the Office to applicants regarding filing on paper and/or e-filing (instructions, seminars, etc.) - URLs
Detailed information and support is accessible on the website of HIPO, eg.:
e-Filing: https://ugyintezes.sztnh.gov.hu/eBej2/step1
Forms and fees: https://ugyintezes.sztnh.gov.hu/eBej2/sugo#5
How can I protect my intellectual property?: https://www.sztnh.gov.hu/hu/hogyan-vedjem-a-szellemi-tulajdonomat/hogyan-vedjem-a-termekem-megjeleneset
Availability of the application dossier in electronic form
The e-dossier gives inspection and communication platform providing online administration.
E-dossier: http://epub.hpo.hu/e-aktabetekintes/?lang=HU
Classification and reclassification activities; classification system used, e.g., International Classification for Industrial Designs (Locarno Classification), other classification
Locarno Classification: edition 11:
http://www.wipo.int/classifications/locarno/locpub
Other activities
III. SOURCES OF INDUSTRIAL DESIGN INFORMATION PROVIDED BY THE OFFICE
Main types of publications in the field of industrial design information, outline of the content (industrial design applications, design patents, registrations, etc.) and medium (on paper, on CDs, online - URLs)
Design: https://www.sztnh.gov.hu/hu/szakmai-oldalak/formatervezesi-minta
E-SEARCH: http://epub.hpo.hu/e-kutatas/?lang=HU
Web-based GAZETTE, published twice a month: http://www.hipo.gov.hu/hu/szakmai-oldalak/szabadalmi-kozlony-es-vedjegyertesito
Official Gazettes: main types of announcements, frequency of publication, medium (on paper, on CDs, online - URL), etc.
Web-based GAZETTE, published twice a month: http://www.hipo.gov.hu/hu/szakmai-oldalak/szabadalmi-kozlony-es-vedjegyertesito
Information products (coverage, medium, etc.) available to examiners, including external documentation and databases
E-SEARCH (internal): http://epub.hpo.hu/e-kutatas/?lang=HU
DesignView: https://www.tmdn.org/tmdsview-web/welcome?lang=hu
Hague Express: http://www.wipo.int/designdb/hague/en/
Web-based GAZETTE, published twice a month: http://www.hipo.gov.hu/hu/szakmai-oldalak/szabadalmi-kozlony-es-vedjegyertesito
Locarno Classification: edition 11:
http://www.wipo.int/classifications/locarno/locpub
Information products (coverage, medium, etc.) and services available to external users; conditions of access (e.g., free of charge, subscription, etc.)
E-SEARCH (for the public): http://epub.hpo.hu/e-kutatas/?lang=HU
DesignView: https://www.tmdn.org/tmdsview-web/welcome?lang=hu
Hague Express: http://www.wipo.int/designdb/hague/en/
Web-based GAZETTE, published twice a month: http://www.hipo.gov.hu/hu/szakmai-oldalak/szabadalmi-kozlony-es-vedjegyertesito
Locarno Classification: edition 11:
http://www.wipo.int/classifications/locarno/locpub
Legal status information (kind of information, coverage, medium, etc.)
E-Dossier: http://epub.hpo.hu/e-aktabetekintes/?lang=HU just for information purposes.
Certified statement on the validity of protection can be received against payment.
Other sources
IV. ICT SUPPORT TO SERVICES AND ACTIVITIES RELATED TO INDUSTRIAL DESIGN INFORMATION CARRIED OUT BY THE OFFICE
Specific software tools supporting business procedures within the Office: general description, characteristics, advantages, possible improvements
The IT system of HIPO effectively provided the information technology background necessary for official and service activities and performed the tasks related to e-administration and information security, prescribed for public administration organs.
From among the tasks it is worth mentioning the making of the necessary changes in official letters within the so-called Unified Case Management and Filing System that became necessary because of the entry into force of Act CL of 2016 on the Code of General Administrative Procedure (hereinafter “the Code of General Administrative Procedure”).
HIPO successfully joined the Regulated Electronic Administration Services, which made it possible for it to access the Central Identification Agent, the Interconnecting Registry 3 , the Registry of Instructions 4 and the Company Gate 5 . The fine tuning of the Office Gate proved also necessary on the basis of the experience made in the course of electronic communications with the courts, and new or previously not defined functions were added to the electronic message and document sending functions of the earlier introduced Client Gate. HIPO joined the ADATREZOR (Data Treasury) initiative, which is mandatory for government organs, and within the framework of this initiative the digital assets of the Office are regularly stored in the central data treasury provided by the government.
HIPO started the modernisation project of the internal case management system. The EUIPO Back Office system was deemed to be best suited for the complete renewal of the internal case management system of HIPO; the Back Office was already implemented in more than 10 EU Member States and so it is used by their IP offices as their own internal case management system. HIPO also made the decision to take it over and adapt the system to its requirements.
Hardware used to supporting business processes of the Office
Internal databases: coverage, updates, interlinks with external sources
The Unified Administrative System of the Office comprise the bibliographic and image data, the documents and the official letters that belong to the different intellectual property rights, namely patent, plant variety protection, spc, utility model, trademark, industrial design.
The public electronic-databases GAZETTE, IP-SEARCH, E-REGISTER, E-DOSSIER are also used by the Examiners. IP-SEARCH database has an internal version for internal use only with the additional data that are not accessible for the public.
Establishment and maintenance of electronic search file: file building, updating, storage, documents from other offices included in the search file
The Unified Administrative System of the Office is used for file building covering all industrial property titles of protection. It is updated real-time and has a daily backup storage. All incoming documents are scanned since 2012.
Administrative management electronic systems (register, legal status, statistics, and administrative support)
The Unified Administrative System of the Office is used for file building, which covers all industrial property titles of protection. It has a real-time update system and has a daily backup storage. This system is the source of the public electronic-databases, such as GAZETTE, IP-SEARCH, E-REGISTER, E-DOSSIER.
Other matters
V. PROMOTION ACTIVITIES AIMED TO SUPPORT USERS IN ACCESS AND EFFICIENT USE OF INDUSTRIAL DESIGN INFORMATION
Office's library (if deals with industrial design information): equipment, collection management, network of libraries in the country, cooperation with foreign libraries
See: Industrial Property Special Library: http://www.sztnh.gov.hu/en/services/industrial-property-special-library
Publications related to different business procedures and industrial design information sources available to users, for example, books, brochures, Internet publications, etc.
The partners and customers of HIPO, who are interested in intellectual property, can choose from a variety of services or programs of customer service, information provision and education, e.g.: AIDA, IP-Panorama, Start-up guide, Partner Search, Tenders, IP-Valuation, etc.: http://www.sztnh.gov.hu/hu/vallalkozoknak/hogyan-kezdjek-hozza
The website of HIPO (www.sztnh.gov.hu) offers valuable information both to potential clients who are less well-informed of intellectual property matters and to professional users. The portal was visited on more than 1.5 million occasions by nearly 524 thousand individually identifiable users, who downloaded more than 14.5 million pages. According to statistics on use, the number of individual visitors, visits, hits and downloaded pages increased significantly, by one-third compared to the previous year. On the website of the HIPO more than 45 thousand documents are available.
Clients can access useful and free e-administration and information services on the website such as the e-search, e-file inspection, e-filing and e-register. In addition to those, they can use the TM e-Filing system to file national trade mark applications, the TMview system for electronic trade mark search, as well as the Designview database, which contains designs protected in the European Union.
Cooperation with universities, technology and innovation support centers, etc.
HIPO has contracts for an indefinite period with 16 County Chambers of Commerce and Industry and 6 PATLIB centres (in Debrecen, Miskolc, Sopron, Pécs, Győr and Szeged) to operate information points of IP protection. These information points provide updated information for clients, and – in the cases they deem necessary – contact the central Customer Service of HIPO, but they lack proactivity, so the Office decided to find more active cooperation partners that are closer to SMEs. To this end, it has conducted negotiations and initiated cooperation with xLabs Ltd. and the National Association of Young Entrepreneurs.
The free of charge intellectual property diagnosis service, restarted in 2017, continued to operate in 2018 with the support of EPO. The IP diagnostics service offers tailor-made advice for innovative enterprises on the possibilities of legal protection for their intellectual property. With - in the framework of the Bilateral Cooperation Plan concluded between EPO and HIPO, between 2016 and 2018 the Office could make 30 IP diagnoses free of charge in order to raise awareness among small and medium-sized enterprises.
In 2018 HIPO concluded cooperation agreements with Hiventures cPlc and Széchenyi Venture Capital Fund Management cPlc, the two largest state-owned risk capital funds, in order to raise IP awareness among innovative Hungarian enterprises, especially start-ups, and organisations promoting innovation. Another agreement has been concluded with the Budapest Stock Exchange, as a result of which innovative Hungarian enterprises listed on the Hungarian stock exchange could make more efficient use of the competitive advantages on the market provided by intellectual property protection. Trainings and tailor-made services are HIPO’s main tools in making innovative enterprises and organisations promoting innovation more familiar with the national and international intellectual property systems.
HIPO can boast a long history of cooperation with Hungarian institutions of higher education. In 2018 it had such cooperation agreements in force with 17 higher education institutions. With these cooperation schemes the Office intends to 1) broaden the knowledge and skills of university professors and students in the fields of industrial property rights and copyright, 2) enhance the protection and exploitation of research results developed within these institutions, and 3) strengthen the position of the universities as regional information points for industrial property right protection. In the agreements HIPO undertook to assist in the teaching of intellectual property protection subjects and, if requested, to help these universities draw up their internal regulations for the protection of intellectual property rights and to support them in performing their technology transfer-related tasks.
In 2018 the total number of hours of intellectual property education provided in cooperation with HIPO amounted to 984, and the number of persons attending those courses was 2122.
The beginning of 2018 saw the conclusion of a research project carried out by experts of HIPO, the University of Pécs and the University of Debrecen and entitled ’Management of intellectual property rights and the exploitation of research results at publicly financed research institutes’; which put forward proposals for the improvement of the exploitation of the intellectual property of universities and academic institutes and for the promotion of technology transfer.
In 2018 our central customer service received nearly 16 thousand queries, out of which 57% were made by phone. We witnessed a further decrease of queries made in person, since our customers tend to make more frequent use of the electronic administration services of the Office (e.g. website, e-search or e-application) for information purposes. The queries received electronically numbered 1549, about 15% of which were in English, a percentage similar to last year’s. Most of these queries related to the current status of a given case, or to the different ways or due dates of fee payments. Only a few persons prefer traditional correspondence by post with the customer service. In general it can be concluded that most of those turning to our customer service request information in several fields at the same time. A large percentage, i.e. one third of the queries, namely 6717, aimed at trade mark information. Other important fields dealt with by our customer service are information on databases (2604 queries), copyright or legal information (2447 queries) and patent information (2336 queries).
Based on the international experience, in addition to cost-free client service information services HIPO also offers various advanced intellectual property services to its clients for a fee. The patent search services of HIPO provide user-friendly, evaluating type reports and patent search results for their clients, who have the following five services at their disposal: novelty search, novelty search with preliminary patentability report, preliminary patentability report, validity search, and freedom to operate (FTO).
Education and training: training courses, e learning modules (URLs), seminars, exhibitions, etc.
The basic, intermediate and advanced level industrial property courses, the basic and intermediate level copyright courses as well as the specially targeted courses organised by HIPO have become important fora for knowledge sharing and awareness raising in Hungary.
In 2018, a basic level industrial property course was held in May for 16 participants, and an intermediate level industrial property course was started in March with 26 participants. Advanced level industrial property qualification was acquired by 5 people, and 30 more are attending our current advanced level industrial property course. At these courses participants included, apart from the staff of the Office, employees of enterprises, law firms or of patent attorneys’ offices, higher education institutions, and the Hungarian Academy of Sciences. As for copyright, in May 26 participants passed the professional examination at the end of our basic level course, while our intermediate level copyright course was attended by 20 participants. The courses were taken by colleagues from the Office, as well as by employees of publishing houses, museums, higher education institutions, libraries or law firms. For 20 different institutions the Office also held specially targeted courses, intellectual property further trainings or search trainings.
Based on their cooperation with HIPO, the IP was taught at 10 faculties of 8 higher education institutions as a subject of its own, and at 8 more universities as part of another subject. Within the framework of e-learning, 6 higher education institutions participated in providing courses in the subjects of “Intellectual property protection” and “Innovation management and industrial property protection”.
In 2018 the total number of hours of intellectual property education provided in cooperation with HIPO amounted to 984, and the number of persons attending those courses was 2122.
Like in previous years, HIPO invited applications for the „Ujvári János Award for Diploma Works” the purpose of which is to provide incentives for graduating students of higher education to develop the intellectual property protection aspects of their theses or dissertations. In 2018, the award was granted to 9 students.
E-learning modules:
http://www.sztnh.gov.hu/hu/sztnh/szellemitulajdon-vedelmi-kepzes/tavoktatas
Other activities
VI.INTERNATIONAL COOPERATION ACTIVITIES IN THE FIELD OF INDUSTRIAL DESIGN INFORMATION
International exchange of industrial design information in machine-readable form (e.g., Official Gazettes)
In 2015 Hungary joined the Designview design search tool of the Office of Harmonization in the Internal Market.
Participation in international or regional activities and projects related to industrial design information
The Hungarian Design Council (HDC) strengthens the competitiveness of the Hungarian national economy through promoting design culture. In the 2018 programme of that body, the primary objective was to strength - en the role of design in economic development.
The Design Week Budapest Festival, organised with the cooperation of HDC, has earned international recognition during the fifteen years of its existence. The slogan of the festival, organised from 5 to 19 October 2018 for the 15th time, was Design: Our Mission, with Germany as guest of honour. The central events, 150 of which were held in Budapest and a hundred more in the partner towns of Debrecen, Győr, Pécs, Sopron, Szentendre and Veszprém, focussed on the theme expressed by the slogan and on the programmes of the guest of honour country. In its structure the festival followed its own traditions: in the framework of Open Studios workshops could be visited, while Design Tours offered different city walks. In honour of the festival’s 15th anniversary, several extraordinary professional events were organised with the support of the involved partners, such as a round table discussion based on the slogan, an education fair entitled Where next?, a presentation and pitch entitled Venture capital in the creative industry, a series of programmes commemorating the Lajos Kozma Year, a conference entitled Future Now!, a forum entitled Hungarian designers in the German automobile industry, and DHB 15, the 15th volume of the festival providing an overview of its history was also published.
HDC has the responsibility to administer the long-standing Hungarian Design Award, the Design Management Award competition and the Moholy-Nagy László Design Scholarship Programme. In 2018 the Hungarian Design Award was granted for the 39th time. The Awards and Special Awards were presented within the framework of the opening ceremonies of the Design Week Budapest on 4 October to 11 works of art in four categories: product, design, visual communication and student work.
The Design Management Award, founded ten years ago to raise aware - ness of the strategic role of design, was presented to SIXAY Bt. – sixay furniture. The Special Awards were won by K9-Sport Ltd. – JULIUS-K9®, and the Studio of Young Designers Association. Exhibition rights were awarded to BTS World Ltd. − Beyond the Standard, IVANKA Factory cPlc., S39 Hybrid Design Ltd., and Tipton Global Ltd. – Tipton Eyeworks.
The Moholy-Nagy László Design Scholarship Programme was set up to support the professional development of young designers. Out of the 17 applications (7 of them individual ones in cooperation with producers) submitted, 8 young designers were given the opportunity to realise their innovative professional schemes.
HDC also publishes two periodicals: the updated Budapest Design Map was issued for the 6th time in 2018, while the electronic Start Up Guide has been assisting young designers in setting up their own enterprises and providing them with up-to-date information since 2007.
The National Board Against Counterfeiting (NBAC) has 21 members and 6 working groups. Its objective is to reduce the supply of counterfeit and pirated products, to enhance the effectiveness of enforcement action in the fight against the infringement of IP rights, and to mitigate the unfavourable economic impact of counterfeiting and other infringements. In order to achieve the above objectives it draws up proposals and plans for regulation, organises trainings, events and information campaigns for awareness raising, conducts surveys, does research and brings about cooperation among domestic and international stakeholders and representatives of the media. The body actively cooperates with the European Observatory on Infringements of Intellectual Property Rights (Observatory), operated by the EUIPO, and representatives of NBAC regularly attend its plenary sessions and the meetings of its five working groups.
NBAC celebrated the 10th anniversary of its existence in 2018 by a series of interviews made with the heads of its working groups, as well as with a competition for students entitled “FAKING IS LAW BRAKING”. With its interactive thematic tent, the Board was present at Hungary’s three big music festivals: ‘VOLT’ in Sopron, ‘Sziget’ in Budapest and ‘Strand’ at Lake Balaton.
One outstanding achievement of NBAC’s efforts made in order to change the current legal environment was that as of 1 January 2018 the facts of ‘counterfeiting medical technology products’ in the Criminal Code (Section 186) had been amended by making preparation activities a crime. At NBAC’s two-day annual conference in November 2018 experts discussed the impacts of the aforesaid amendment and other issues related to enforcement.
Cooperation between NBAC, the National Food Chain Safety Office (NFCSO) and the National Customs and Tax Administration brought significant results in 2018. In July, the ‘IP Crime Conference’ organised by EUROPOL together with the National Customs and Tax Administration offered NBAC the opportunity to present its activities. OPSON VII, an operation against counterfeit food products organised by INTERPOL and EUROPOL with the assistance of NBAC in the spring of 2018 proved very successful, similarly to Operation PANGEA XI in October, the so far biggest international raid against the distribution of fake medicines and food supplements and against unlicensed e-pharmacies.
NBAC has been conducting its annual consumer survey on consumer behaviour and trends concerning counterfeit products. In 2018, a new survey on food supplements was added to the research that had been made at VOLT Festival since 2015.
Assistance to developing countries
Other activities