Annual Technical Report on Trademark Information Activities in 2015 submitted by Hungary, Hungarian Intellectual Property Office

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I. GENERAL OVERVIEW OF RECENT DEVELOPMENTS IN TRADEMARK INFORMATION ACTIVITIES CARRIED OUT BY THE OFFICE

Outline of main policies and plans aimed at development of trademark information activities and expected time frames for their realization

1) Legislative process for the reform of the European Union’s trade mark system

2) Enhancing the intellectual property institutional performance

New projects launched or resumed this year in the context of the policies and plans mentioned above, short description: aims, partners, tasks

1) As closure of the legislative process for the reform of the European Union’s trade mark system, on 15 December 2015 the European Parliament adopted the revised and amended texts of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark  (Trade Mark Regulation) and Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (Trade Mark Directive). The adopted texts were published in the Official Gazette of the European Union in December 2015. The provisions of the Directive shall be transposed into the national laws of the Member States by 14 January 2019, or certain of them by 14 January 2023. The amended text of the Regulation shall enter into force on 23 March 2016, in respect of certain provisions thereof on 1 October 2017.

HIPO in cooperation with the Ministry of Justice initiated a public consultation on the Proposal for a regulation of the European Parliament and of the Council on ensuring the cross-border portability of online content services in the internal market and the communication, entitled Towards a modern, more European copyright framework: Commission takes first steps and sets out its vision to make it happen published by the European Commission on 9 December 2015.

2) In the field of trade marks, the caseload pending at the end of the year could be further diminished, thus, the number of pending cases (2264) decreased by 2%. The Office concluded 3597 cases and registered 2755 national trade marks in 2015. The net duration of the granting procedure relating to national trade marks was 7 weeks; if we add the one month period from the date of sending the search report and the three months period of opposition, the gross processing time was 27.7 weeks, which means the maintenance of the previous year’s level. The favourable processing time of international trade mark applications was maintained at 20.2 weeks by HIPO.

Users have the opportunity to request the processing of their trade mark applications in an accelerated or particularly accelerated manner. With regard to the fact that, as a result of the favourable official administration, the pendency time of the trade mark registration procedure in line with the general rules reduced to that of the accelerated procedure, interest in the accelerated procedures flagged.

Main areas of trademark information activities and related information and communication technology (ICT) practices which were in the focus of attention last year

The IT system has provided the necessary background for the Office’s official and service activity, and supported its tasks related to e-administration. The system supports 135 different services or service families altogether. Out of those, 69 service families provide direct support for the performance of the Office’s official and central tasks, and an additional 66 systems support the operational, service management, information security and ISO certification objectives of the previously mentioned functions. Clients can make use of the following services online: e-search, e-file inspection, e-filing, e-register, TM e-Filing, TMView, and DesignView.

 It is of great help in the performance of the Office’s activities that two of its three ISO certifications – the ISO/IEC 27001:2005 Information Security Management and the ISO/IEC 20000-1:2013 IT Services Management standards – relate to the IT field.

 In 2015, HIPO successfully performed the tasks related to the controls of information security: an internal vulnerability test was conducted and the Office also carried out the tasks laid down in the action plan for achieving compliance with Act L of 2013 on the Information Security of State and Local Government Organs.

Statistics: changes in terms of application filings and registrations with respect to previous year; trends or areas experiencing rapid changes

In 2015 the International Bureau of WIPO received 1,633 international trade mark applications (under the Madrid system) designating Hungary, which is more by 2% than in the previous year. More than 130 thousand Community trade mark applications extending also to Hungary were filed and 109 thousand Community trade marks were registered in 2015[1]. The activity of the Hungarian applicants also increased, 562 such applications were filed, which is an increase of nearly 6%.  Moreover, the domestic applicants filed 255 international trade mark applications and HIPO transmitted 286 international trade mark applications to the International Bureau of WIPO.

Main figures of trade mark applications targeting Hungary under

international cooperation and filed following the national route (2011–2015)

Other matters and useful links (URLs): annual report of the Office, news page, statistics, etc.

Annual Report 2015: https://www.sztnh.gov.hu/hu/mivel-fordulhatok-a-hivatalhoz/tajekoztatas/kiadvanyok/a-hivatal-eves-jelentesei-0

II. SERVICES AND ACTIVITIES RELATED TO TRADEMARK 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

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, e.g.:

e-Filing: https://ugyintezes.sztnh.gov.hu/eBej2/step1

Forms and fees: https://www.sztnh.gov.hu/hu/szakmai-oldalak/urlapok-dijak

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

Matters concerning classifying
(i) Classification and reclassification activities; classification systems used, e.g., International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification), International Classification of the Figurative Elements of Marks (Vienna Classification), other classification
(ii) Use of electronic classification systems and pre-defined terms of the classification applied

Nice Classification and Vienna Classification systems are used.

Nice Classification: https://www.sztnh.gov.hu/hu/hogyan-tajekozodhatok-a-honlapon/adatbazisok/iparjogvedelmi-osztalyozasi-rendszerek/nizzai

Vienna Classification: http://classifications.mszh.hu/vienna/index.htm

Matters concerning processing of different types of non-traditional marks (e.g., three-dimensional, motion, hologram, color mark, etc.)

Different types of non-traditional marks should be filed as some photos taken in different positions of the mark.

Other activities

III. SOURCES OF TRADEMARK INFORMATION PROVIDED BY THE OFFICE

Main types of publications in the field of trademark information, outline of the content and medium (on paper, on CDs, online - URLs)

E-SEARCH for external use: 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

How can I protect my trademark?: https://www.sztnh.gov.hu/hu/hogyan-vedjem-a-szellemi-tulajdonomat/hogyan-vedjem-a-megjelolesemet

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 for internal use, covering  the public and non-public data.

E-SEARCH (for the public): http://epub.hpo.hu/e-kutatas/?lang=HU

GAZETTE:  http://www.hipo.gov.hu/hu/szakmai-oldalak/szabadalmi-kozlony-es-vedjegyertesito

Nice Classification: https://www.sztnh.gov.hu/hu/hogyan-tajekozodhatok-a-honlapon/adatbazisok/iparjogvedelmi-osztalyozasi-rendszerek/nizzai

Vienna Classification: http://classifications.mszh.hu/vienna/index.htm

TMview: https://www.tmdn.org/tmview/welcome

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

GAZETTE:  http://www.hipo.gov.hu/hu/szakmai-oldalak/szabadalmi-kozlony-es-vedjegyertesito

Nice Classification: https://www.sztnh.gov.hu/hu/hogyan-tajekozodhatok-a-honlapon/adatbazisok/iparjogvedelmi-osztalyozasi-rendszerek/nizzai

Vienna Classification: http://classifications.mszh.hu/vienna/index.htm

TMview: https://www.tmdn.org/tmview/welcome

How can I protect my trademark?: https://www.sztnh.gov.hu/hu/hogyan-vedjem-a-szellemi-tulajdonomat/hogyan-vedjem-a-megjelolesemet

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 by paying a certaun fee.

Other sources

IV. ICT SUPPORT TO SERVICES AND ACTIVITIES RELATED TO TRADEMARK INFORMATION CARRIED OUT BY THE OFFICE

Specific software tools supporting business procedures within the Office: general description, characteristics, advantages, possible improvements

The IT system has provided the necessary background for the Office’s official and service activity, and supported its tasks related to e-administration. The system supports 135 different services or service families altogether. Out of those, 69 service families provide direct support for the performance of the Office’s official and central tasks, and an additional 66 systems support the operational, service management, information security and ISO certification objectives of the previously mentioned functions. Clients can make use of the following services online: e-search, e-file inspection, e-filing, e-register, TM e-Filing, TMView, and DesignView.

Hardware used to supporting business processes of the Office

Unix Tru64 server

 Linux server

 Netware server

 MS Windows server

VMware ESX

 Oracle VM/RAC

ASA VPN

ZORP

Internal databases: coverage, updates, interlinks with external sources

The Unified Administrative System of the Office is used for file building, which covers  all industrial property titles of protection. It is a real-time updated system and has a daily backup storage. 

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 comprise the bibliographic and image data, the documents and the official letters that belong to the different intellectual property rights.

Administrative management electronic systems (register, legal status, statistics, and administrative support)

Unified Administrative System

Other matters

V. PROMOTION ACTIVITIES AIMED TO SUPPORT USERS IN ACCESS AND EFFICIENT USE OF TRADEMARK INFORMATION

Office's library (if deals with trademark information): equipment, collection management, network of libraries in the country, cooperation with foreign libraries

Services of Industrial Property Special Library: http://www.sztnh.gov.hu/en/services/industrial-property-special-library

Publications related to different business procedures and trademark 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 interest in the National Board Against Counterfeiting is indicated by the fact that its website www.hamisitasellen.hu  was visited in 2014 by 21,495 individually identifiable users. The visitors viewed 46,244 pages in 2015, which is more by 11% than in the previous year. The No fake! blog is also popular, the No fake! Facebook page counted 3,952 followers.

Cooperation with universities, technology and innovation support centers, etc.

The enlargement of knowledge on industrial property and copyright, the improvement of awareness on intellectual property of small and medium sized enterprises are objectives of high importance. In case of these parties it is essential that they can have personal consultation not only at the headquarters in Budapest but they also can find information points or events close to them, in their regions, where they can receive information. In this spirit, the relations with partners strengthened in 2015. HIPO cooperated with 16 chambers of commerce and industry in counties and towns, 7 regional innovation agencies, one professional organisation (SEED Foundation for Small Enterprise Economic Development) 6 PATLIB centres linked to institutions of higher education in the countryside in programs related to awareness raising.

The information points on IP operated nationwide received 1,418 enquiries from the customers. One-third of the enquiries related to general information on industrial property, a quarter of them related to information on trade marks, one-sixth to patents. In 173 cases the customers obtained information from public industrial property databases.

 14 events providing information on industrial property were organised by the cooperating partners, in the framework of the VIVACE program improving the knowledge on industrial property of enterprises HIPO participated in the organisation of six events on awareness raising in and outside Budapest. They were financed mainly by the bilateral programs of OHIM and EPO.

 The so-called “Industrial Property” tender looking back to nearly two decades serves for the acquisition and maintenance of industrial property protection of Hungarian intellectual works in Hungary and abroad. The tender was announced again in August 2015 in two announcements complementing each other in geographical sense: on the one hand from the funds of the European Union, within the framework of the Innovation Operative Program for Economic Development, on the other hand from the National Research, Development and Innovation Fund. The support, similarly to the previous tenders, is available under simplified procedure.

 As separate subject, lectures on intellectual property were held in 10 institutions of higher education. Knowledge on intellectual property was taught at 11 universities, connected to subjects including knowledge on business/technology/law/social and/or natural science.

Education and training: training courses, e-learning modules (URLs), seminars, exhibitions, etc.

The courses on industrial property and the education on intellectual property in institutions of higher education are important fora of education and awareness raising in Hungary. They significantly contributed to the improvement of the culture of industrial property, to the education of future IP experts.

 The number of classes of IP education was 763, the participants thereof was 2,162 in 2015, which is higher by 8% compared to the previous year.

 In 2015 17 persons participated in the basic level industrial property course, 39 persons finished the intermediate level industrial property course and passed the final exam, moreover, 34 participants of the advanced level industrial property course passed the exams successfully. In September 2015 a new advanced level industrial property course was launched. Besides the employees of HIPO, the representatives of law and patent attorney offices, institutions of higher education, pharmaceutical companies and other enterprises participated in the courses.

 There was a high interest in the first basic level copyright courses, they were launched in September and October 2015 with 56 participants. Most of the participants were employees of city and university libraries, publishing companies, editorial offices, theatres. HIPO plans to launch the first intermediate level copyright course in the second half of 2016.

 Knowledge on intellectual property was taught at 11 universities. 

 Intellectual property was taught in the form of e-learning at Budapest University of Technology and Economics, University of Debrecen, Károly Róbert University College, Óbuda University, University of Pannonia, College of Szolnok.

 The comprehensive education project attached to the curricula framework for the students of the primary and secondary schools and their teachers was continued. As part of the project, a contest called “Is it your business? It is!” promoting knowledge on intellectual property was launched for students of teacher education.

The National Board Against Counterfeiting (NBAC) has been set up in order to enhance the effectiveness of enforcement action in the fight against the infringement of IP rights and to unite the efforts of the representatives of state organisations and social and economic representative organizations involved in IP rights protection. It initiates and takes targeted actions and measures to combat IP rights infringements. The membership of the Board was renewed by the Minister for Justice on 16 February 2015.

In addition to the four operating working groups (working groups against artwork counterfeiting, against medicine counterfeiting, for legal enforcement, for industry and trade), NBAC set up two new, horizontal working groups. These are the working groups of public awareness and of infocommunication. Moreover, at the beginning of 2015 the sub-group for automotive industry of the working group for industry and trade was also established.

In order to improve the awareness raising of the young generation, NBAC was present jointly with ProArt Alliance for Copyright in a tent “No fake!” at Volt Festival, where hundreds of visitors could get information about the background of intellectual property rights and counterfeiting. Focusing on the students of secondary schools and senior classes of primary schools, last spring NBAC offered the opportunity for as many as a thousand students during two months to get information on conscious purchasing and on the dangers of the use of counterfeited products available in commerce.

NBAC offered a wide range of programs at Art Market in 2015. The event could draw the attention of a circle being in connection with artworks to the risk of counterfeits and to the importance of prevention.

Other activities

VI. INTERNATIONAL COOPERATION ACTIVITIES IN THE FIELD OF TRADEMARK INFORMATION

International exchange of trademark information in machine-readable form (e.g., Official Gazettes)

HU Trade Marks can be searched via TM-VIEW.

Participation in international or regional activities and projects related to trademark information

A regional seminar on the enforcement of intellectual property rights was jointly organised in November 2015 in Budapest by HIPO, OHIM and NBAC for law enforcement experts of 13 countries.

Assistance to developing countries

Other activities

VII. OTHER RELATED MATTERS