Legislative Implementation of Flexibilities - Hungary
| Title: | Articles 31, 32,33A of the Law on the Protection of Inventions by Patents No. XXXIII of 1995 (Consolidated text of 01/10/2009) |
| Field of IP: | Patents |
| Type of flexibility: | Compulsory licenses and government use |
| Summary table: |  |
Provisions of Law
Compulsory licenses for lack of exploitation
Article 31
If within four years from the date of filing of the patent application or within three years from the grant of the patent, whichever period expires last, the patentee has not exploited the invention in the territory of the country to satisfy the domestic demand or if he has not undertaken serious preparations or has not granted a license for such purpose, a compulsory license shall be granted to the applicant for the license, unless the patentee justifies the lack of exploitation.
Compulsory licenses in respect of dependent patents
Article 32
(1) If the patented invention cannot be exploited without infringing another patent (hereinafter referred to as "the dominant patent"), a compulsory license shall be granted, on request and to the extent necessary for the exploitation of the dominant patent, to the holder of the dependent patent, provided that the invention claimed in the dependent patent involves an important technical advance of considerable economic significance in relation to the invention claimed in the dominant patent.
(2) Where a compulsory license has been granted under paragraph (1) with respect to a dominant patent, the holder of such a patent shall be entitled on reasonable terms to a license to exploit the invention claimed in the dependent patent according to the common provisions on compulsory licenses.
(3) The provisions of Article 33(1) and (2) shall also apply mutatis mutandis if the subject matter of a plant variety protection provided for in Chapter XIII cannot be exploited without infringing a patent.
Compulsory licenses to address public health problems
Article 33/A
(1) The Hungarian Patent Office shall grant a compulsory license for the exploitation of an invention in the cases and on the terms laid down in Regulation (EC) No 816/2006 of the European Parliament and of the Council of 17 May 2007 on compulsory licensing of patents relating to the manufacture of pharmaceutical products for export to countries with public health problems (hereinafter referred to as "Regulation 816/2006/EC").
(2) The licensee may not grant a license of exploitation on the basis of the compulsory license under paragraph (1).
(3) The licensee may relinquish his compulsory license under paragraph (1) at any time.
Unless relinquished or cancelled, a compulsory license under paragraph (1) shall have effect until expiration of the term of validity fixed by the Hungarian Patent Office or until the lapse of patent protection.