HUNGARY Law and Practice Contributed by: Árpád Pethő, Levente Pethő, Eszter Szakács and József Tálas, Danubia Patent & Law Office
therefore, exclusivity and sub-licensing must be explicitly agreed by the parties. The licensor shall guarantee both the freedom to operate and the technical operability of the IP; this also can be excluded by the parties. The licence terminates upon the expiry of the protec- tion of the IP, or earlier, on the date set by the parties in their agreement. 10.4 Procedure for Licensing an Intellectual Property Right In the case of registered IP rights, the licensee can be registered with the HIPO, although such registration is not obligatory. However, the licen- see (exclusive or non-exclusive) has no standing to sue if it is not registered.
There is no restriction on the content of the licensing agreement for registration purposes, provided that it clearly contains the necessary identification data of the IP right, the licensor, the licensee and the fact of licensing. Hungarian IP law acknowledges the compulsory licence, but it is rarely used in practice. Please see 2.2 Third-Party Remedies to Remove the Effects of Intellectual Property regarding the types of compulsory licence. The public health compulsory licence has been enacted due to the COVID-19 pandemic; although compulsory licence cases are generally quite rare, the public health compulsory licence is of specific interest.
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