Voluntary register of works

Information

Detailed rules of the voluntary register of works
General information
Elements of entry into the voluntary register of works
Form to request entry into the voluntary register of works (application form with guide)

I. Detailed rules of the voluntary register of works

1. The Hungarian Patent Office (HPO) carries out the procedure for entry into the voluntary register on the basis of Decree 18/2006. (IV.12.) IM on the detailed rules of the voluntary register of works kept at the Hungarian Patent Office.

2. The author or the holder of rights related to copyright may request, from the Hungarian Patent Office, the entry of works, including the performances by related rights, into the voluntary register. A representative may file the request in place of, and on behalf of, the author. The voluntary register of works covers all types of works or neighbouring rights related performances governed by the Copyright Act.

3. The request for entry into the voluntary register of works should be filed on the form of the Hungarian Patent Office at the HPO's Customer Service. The form records the name and address of the author(s), the name and address (place of business) of his representative, the title, genre and carrier of the work to be registered, and, if necessary, further details for the individual identification of the work. The original or a copy of the work is to be attached to the request. The copy should be of a size to admit of placement in an envelope of standard A4 size. If the copy is of a larger size, a carrier of not more than A4 size durably fixing the work and suitable for identifying it, should be enclosed as copy.

4. For the request HUF 5000 is payable as fee for administrative services. It is payable simultaneously with filing the request, either in cash at the cashier's office or by a payment order given by credit card through the POS terminal of the HPO. The fee is not subject to any allowances or exemption.

5. The Customer Service of the HPO shall immediately comply with requests meeting the requirements, and shall issue a certificate. In the document the HPO certifies that the requester(s) recognised the copy of the work attached to the certificate as his (their) own work or performance. The certificate and the copy in the closed envelope attached can only be used for the purposes of proof if the seal and the envelope are free of damages.

6. The author may request withdrawal of the certificate at any time, by using the form of the HPO. The request for withdrawal of the certificate should be filed in two copies personally or through a representative, to which the certificate and the attached envelope containing the copy should be enclosed. The HPO shall, free of charge, immediately comply with requests meeting the requirements and shall cancel the certificate, then shall hand over the copy of the request containing the withdrawing statement to the author.

7. If a final court ruling establishes the person of the author, and it is not identical with the person previously entered into the voluntary register of works, the author may request cancellation of this person from the voluntary register of works. Rules for cancellation are the same as those for withdrawal, adding that the final court ruling should be attached to the request, and the HPO shall communicate its ruling on cancellation to the person previously entered as author.

8. If the author agrees to it in writing, the HPO may make the details submitted on the form available to the public and may create a database from the details for the purpose of informing the public. The author's assent is contained in the request for entry into the voluntary register of works.

9. Review of the ruling on the issue of the certificate may be requested from the Municipal Court of Budapest.

II. General information

1. The certificate does not give rise either to copyright or other title of protection related to intellectual creations. It only serves as a means of evidence to prove that the work or performance protected by related rights, entered in to the voluntary register as the requester's own, existed with the same contents as those of the copy of the work attached to the certificate on the date of issue of the certificate. This makes it easier for the author or the holder of rights to prove his identity as author (or holder of rights).

2. The literary, scientific or art creations entered into the voluntary register may only qualify as author's works if they have individual and original nature deriving from the intellectual activity of the author(s).

Works not protected under copyright law:

• legal provisions, official resolutions, announcements and documents issued by an authority or other official organ, as well as standards made obligatory by law and other similar regulations;
• facts and news of the day;
• ideas, principles, concepts, procedures, methods of operation or mathe­matical operation (not even as part of a work);
• expressions of folklore.

In legal disputes as to whether the creation may qualify as an author's work, and as to who the rightful holder of the copyright protection is, it is the court that is competent to decide.
3. Performances entered into the voluntary register of works may be performances of performers, producers of phonograms, film producers and producers of databases, or own programmes of broadcasting organisations. Protection of these performances is provided for in a special chapter of the Copyright Act. (Hereinafter we uniformly refer to the author's works and performances as "works".)
4. Copyright protection of the work is independent of the fact that the work may qualify for intellectual property protection, including especially design, trademark, patent or utility model protection. Rules for protection under each title of industrial property protection are provided for in the industrial property acts.

III. Elements of entering works into the voluntary register of works

1. Request
The request should be submitted in one copy on the form "REQUEST for entry into the voluntary register of works kept at the Hungarian Patent Office". The form should be filled in according to the Guide.
2. Copy
The copy may be

• the original work,
• a copy of the work, or
• a carrier durably fixing the work and suitable for identifying it.

The copy and /or the carrier should be of a size to admit of placement in an envelope of standard A4 size.
3. Power of attorney
If the work is not filed by the author personally, the entitlement of the representative proceeding in the case should be certified in accordance with Article 40 (2) of Act CXL of 2004 on the general rules of administrative official procedures and services. The power of attorney should be certified by a private document having the force of evidence (qualified power of attorney) or by a public instrument.
4. Administrative service fee
The administrative service fee of HUF 5000 is payable in cash or through a POS terminal on the spot.