Voluntary registration of copyright protected works

Works (such as novels, films, songs, short stories), or for example the performances of performing artists, are automatically under protection from the date of their creation or performance. The person whose name is indicated as the name of the author in the usual manner on the work shall be regarded as its author. If this cannot be applied, until proven to the contrary, the person shall be regarded as its author who had the work registered under his own name in the voluntary register of works qualifying as a publicly certified register held by the Office, and proves it with a public deed.

Kulcsszavak: copyright, work, protection, presumption of authorship; registration; author; type of work; copy of the work; carrier; certificate; register; registration number; withdrawal of the certificate; cancellation from the register, authorisation

Requests for registration may be submitted by the author or the holder of rights related to copyright (e.g. performers, film producers, phonogram producers) or their representative. As of 1 January 2018 economic organisations, legal representatives of the clients and public entities may submit such requests only electronically.

The request for registering the work in the voluntary register of works shall be filed either on paper or electronically, using the form established for that purpose by the 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 a request for registration and on filing of other requests related to the voluntary register of works (request for withdrawal of the certificate, request for the cancellation of the person who was registered earlier as author from the voluntary register of works), and the relevant procedures see: https://www.sztnh.gov.hu/en/copyrights-and-related-rights/how-can-my-copyrights-be-protected/voluntary-register-of-works

Requests submitted as a document in paper format in person or through a representative shall be immediately granted by the Office, while requests filed otherwise shall be granted within 21 days of the filing (the period of time for remedying deficiencies is not included in the administrative time limits).

The original work or a duplicate thereof shall be enclosed with requests filed on paper, and in the case of representation the relevant authorisation. The copy of the work shall be enclosed in an electronic format with electronically filed requests, and in the case of representation the relevant authorisation.

The request for cancellation from the voluntary register of works shall be filed electronically, or in two copies on paper. The final and binding court decision shall be enclosed with the request.

The final and binding court decision establishing the person of the author shall be enclosed with the request for cancellation from the voluntary register of works, and in the case of representation the relevant authorisation.

The fee for the registration of the work in the register: HUF 5000

The request for withdrawal or cancellation is free of charge.

If the request is submitted in person, the fee is payable in cash or by bank card via a POS terminal at the customer service helpdesk of the HIPO.

Where the request is filed in another manner, at the payment of the fee – to be paid at the date of filing the request – reference is to be made to the reference number, which is communicated by the HIPO electronically or by post to the requesting person.

The fee shall be paid to the HIPO’s appropriation allocation fund account No. 10032000-01731842-00000000 kept with the Hungarian Treasury, by indicating the identifying data (reference number) and the purpose (legal title).

Hungarian Intellectual Property Office

Administrative proceedings may be brought against any decision of the HIPO on a request for registration in the voluntary register of works. 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. The request shall be filed with the HIPO, but it shall be addressed to the Budapest-Capital Regional Court. The fee of the administrative procedure is HUF 30 000, but the person requesting review has the right to defer payment of the fee (he does not have to pay it when filing the request for review), the court has to decide about the payment of the costs.

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 94/B(2) and 94/C of Act LXXVI of 1999 on Copyright

Decree 26/2010. (XII. 28.) KIM on the detailed rules of the voluntary register of works;

Act CL of 2016 on Act on General Public Administration Procedure