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    Frequently Asked Questions

     

    These Frequently Asked Questions or FAQs are intended to be a general discussion of common issues, and are not intended to be taken as specific legal or accounting advice that applies to your individual fact situation.

     

    You are encouraged to talk to your lawyer and accountant to find the exact answers to the questions in your state based on your facts and circumstances. See also the disclaimer below.

     

     

    Hungary

    Hungary is member of the European Union since 2004. Its capital is Budapest. The official currency is Hungarian Forint.

    If you consider investing in Hungary, you may find more information on the homepage of the Hungarian Investment and Trade Agency: http://www.hita.hu

    If you come to Hungary on business or on holiday, you will find useful information under http://www.gotohungary.com maintained by the Hungarian National Tourist Office.

     

    Data Protection

    What is the data protection authority in Hungary?

    The Hungarian National Authority for Data Protection and Freedom of Information – http://www.naih.hu

    Can the Hungarian Data Protection Authority impose a fine?

    Yes, it can.

    What is the main Hungarian data protection law?

    The main legal act is the General Data Protection Regulation (GDPR), i.e.  EU Regulation 2016/679 .

    Could you provide me with a free copy of the GDPR in English?

    Certainly, here.

    Does my Hungarian/foreign company need to be registered in the Hungarian data protection registry?

    The data protections registry does not exist anymore, however, your company may need to engage a data protection officer.   We would be glad to assist you on this field.

     

    Internet Law

    What legal sections should every business website / webshop include?

    Every website that is a means of advertising a business’ services or products should include the following sections: (speak with Süle Law Firm today for document preparation)

    – Terms of Service and Conditions for Use
    – Privacy Policy
    – Copyright Notice
    – Cookie Policy

    May I freely use images / sound found on the Internet?

    Many people don’t know but if you use images or sound found on the Internet and do not duly check/obtain the licences, you will be most likely committing copyright infringement and be liable for your acts. Always check your sources and you in case of doubt at least attribute.

    The fact that illegal copying is widespread on the Internet, does not make it legal.

    Does my domain name confer exclusive rights to my company?

    Not necessarily, if you are looking for exclusive right of a brand, you should probably apply for a trademark. Domain names can be also trademarked if certain criteria are met. We recommend consultation with an IP lawyer, such as Ákos Süle at Süle Law Firm.

    Can a business trademark a domain name for future use?

    Yes, and there is no need to file an “intent-to-use” in the EU / Germany / Hungary / UK, however, the trademark should be genuinely used after five years from the date of its registration.

    I have an idea for a new homepage/start-up, can I protect it?

    Unfortunately copyright does not protect ideas. Accordingly, you might want to develop a brand for the idea and an image. Also, you might pay special attention to your business partners and maybe put some legal clauses into contracts so that they respect your idea (without copying it). Please consult us to find the best way of industrial property, business agreement and know-how protection.

     

    Intellectual Property

    I have received a provisional refusal from WIPO, what do I do?

    Keep calm and check the deadlines. If the only problem is that you need to appoint a trademark representative from the European Union, we are happy to assist you free of charge. Otherwise please consult attorney Ákos Süle to determine the best course of action.

    Can I choose a descriptive brand?

    Although descriptive brands are more likely in the U.S. to be accepted; in the EU / Hungary, marks need to be distinctive and non-descriptive. Avoiding generic terms is also a good idea. Please note that the differences between the U.S. and the EU trademark systems might have a decisive role in the outcome of your trademark application.

    Do you file patents as well?

    No, we are Hungarian patent litigators but we do not file patent applications. You will need a patent attorney with engineering/chemical/etc background. We also provide Hungarian renewal / patent annuity payment services.

    Is there a use requirement for trademarks?

    There is a use requirement both in the EU and in Hungary meaning that your trademark must be used within 5 years from the date of registration in relation to the goods and services applied for. If you do not offer the goods or services as applied for in the trademark application after five years, your trademark may become vulnerable to cancellation by third parties.

    How do I know if something is copyrighted?

    First of all, it has to be determined if the work may constitute for copyright protection at all. After that, the related licenses, the holder of the copyright may be checked to ascertain whether your use of the work is legal. Also, the title of your use might fall under some of the special cases of free use.

     

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