Request for revocation (plant variety protection)

Plant variety protection shall be revoked ex tunc if

- the subject matter of the protection does not satisfy the requirements of distinctness, uniformity, stability and novelty;

- the grant of protection has been essentially based upon information and documents furnished by the breeder or his successor in title and the conditions laid down in the Patent Act were not complied with at the time of the grant of plant variety protection;

- the protection has been granted to a person who is not entitled to it under the Act, unless it is transferred to the person who is so entitled.

Kulcsszavak: plant variety, plant variety protection, DUS (Distinctness, Uniformity and Stability), experimental testing, breeder, holder of plant variety protection, revocation

Revocation of plant variety protection may be requested by anyone against the holder of the right. However, only the person entitled to the plant variety right may request revocation of the plant variety protection on the ground that the protection been granted to a person who is not entitled to it under the Act. The person requesting revocation may act through a representative.

Revocation proceedings shall be initiated by submitting a request for revocation 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 Start Administration 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 the submission of the request for revocation, the legally prescribed conditions thereof and the procedure 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.

Requests must indicate the grounds for revocation – practically the reference to the legal basis laid down in the Patent Act and effective on the filing date of the request – and supporting documents have to be attached. Reference must also be made to the fact that the object of the request is revocation of plant variety protection. If you request the revocation of protection for several plant varieties, a separate request must be filed for each one of them. If the requesting party is not acting in person, he must attach a power of attorney to his request.

Fee for the revocation procedure: HUF 140800

The fee for the procedure is payable to budgetary account No. 10032000-01731842-00000000 of the HIPO kept with the Hungarian State Treasury by bank transfer or money order, with the indication of data for identification (reference number or the registration number) and destination.

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

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Sections 46(2), 47(2) and (3a), 48(6), 80 to 81/A, 100(3), 114/D and 114/U(1) of Act XXXIII of 1995 on the protection of inventions by patents

Section 14 of Decree No. 19/2005. (IV. 12.) GKM on the fees for administrative services in industrial property procedures before the Hungarian Patent Office

Section 184/A (Enforcement of Judgments in Lawsuits Filed for Violations of Intellectual Property Rights) of Act LIII of 1994 on Judicial Enforcement

SZTNH