Individual literary, artistic and scientific works of an original nature resulting from the author's intellectual activity are protected by copyright, regardless of their genre.
Copyright protection arises from the creation of the work, without any registration.
"Copyright" means all economic and moral rights in a work of authorship. The conditions, content, effects, means and methods of action against infringements of copyright are governed by international treaties, EU and national legislation.
In the broader sense, copyright also includes the regulation of so-called "neighbouring rights" related to copyright: for example, film producers, phonogram producers and performers enjoy separate legal protection.
In addition to legislation, the very rich and growing body of case-law on copyright matters developed by national courts and the Court of Justice of the European Union is of particular importance in this field.
Design protection is granted for the new and individual appearance of products, in particular their decoration and shape.
Like a trademark, it is, in principle, a form of protection subject to registration, but the conditions for obtaining protection are different from those for a trademark, and the content of the exclusive rights conferred by the protection is also partly different.
As with trademarks, this form of protection is harmonized in the European Union and, like the EU trademark, the Community design provides uniform legal protection in the Member States of the European Union.
It focuses on the requirements of novelty and individual character, concepts which, like trademark law, have developed a rich body of European and domestic case-law.
It is common to use the combination of trademark and design protection in companies' intellectual property strategies.
Electronic commerce (“e-commerce”) involves the sale of goods and services by electronic means, typically via the internet.
E-commerce is covered by rules belonging to different branches of law. In the digital age, e-commerce can nevertheless be considered as a separate field of specialization because of its special importance, which requires a combined knowledge and application of the respective rules in different branches of law. These are mainly regulations on information society services, data protection, distance contracts and other consumer protection rules.
A broad area of law covering the rules on electronic commerce, information society services and infringements on the Internet, and the claims and remedies for such infringements, laid down in various legal instruments.
Several pieces of legislation, including sectoral intellectual property law, criminal procedural law, and the related case-law, therefore, together constitute internet law.
The general and comprehensive field of civil law, which covers the rules and practice relating to the formation, content, effects, termination and enforceability of contracts and the rights and claims arising from them.
It is not a specialized area of law, but it is all the more important because its correct application is essential for the proper drafting of all contracts and the professional resolution of all contractual disputes.
A distinct and comprehensive area of law which includes the rules on the prohibition of unfair market practices and the legal consequences of breaches of this prohibition.
Competition law can provide legal remedies against the unlawful slavish copying of the distinctive name or appearance of an undertaking or its goods or services in the absence of, or possibly in a subsidiary manner and in addition to, the primarily enforceable trademark, design or copyright protection.
Disputes relating to unfair market practices fall within the jurisdiction of the courts, which have developed a very rich case-law in this field. The in-depth knowledge of the said case-law is essential for the correct assessment and resolution of competition law disputes.
A trade mark is a "sign", typically consisting of letters, numbers or other graphic elements, less often of sound or multimedia, used by businesses to distinguish the goods and services they sell from those of other businesses.
It is through trademarks that consumers identify thegoods and services of one or other undertaking and therefore trademark protectionis a cornerstone of fair competition.
It is a form of protection that is subject to registration.
As with copyright, the exclusive rights conferred by trademark protection, their content, effects, the means of action against trademark infringement and its legal consequences are governed by international, EU and national law.
In addition, in view of the harmonization of national trademark laws in the European Union and the European Union legislation on the European Union trademark, which enjoys independent and unitary protection, the European Court of Justice has even richer case-law in the field of trademark law than in copyright law, which shapes and harmonizes the jurisprudence of the Member States, including Hungary.
Law of audiovisual works is also a cross-cutting area of law, involving several branches of law. Audiovisual works are first and foremost works of authorship and are therefore subject to copyright law, within which specific rules apply to cinematographic works and sound recordings.
In addition, a specific field of law governs state support for films and the conditions for the provision of audiovisual media services, including the regulation of media content.
There exist specific and characteristic industry categories, practices and standards in the contractual practice of the market of audiovisual works, which are essential in drafting and negotiating contracts on film, music and media.
Similar to trademarks, domain names are identifiers that are an integral part of an enterprise’s or other organization’s image and market presence.
The rules for the registration of domain names and the out-of-court, alternative settlement of domain name disputes at national and international level are not laid down in legislation, but in self-regulatory policies issued by national and international organizations maintaining their domain name registries.
These policies are applied by the organizations that carry out domain name registration and alternative dispute resolution procedures related to domain names, and therefore, there is specific case-law in this area.
The application of the domain name registration policies and the regulations of alternative dispute resolution procedures typically involves the interpretation and application of provisions of other branches of law, in particular civil law, trademark law, competition law and sometimes copyright law.
Software, like audiovisual works, is a copyright work, the protection of which is governed by specific rules in both national and EU copyright law.
In addition, like audiovisual works, software is of major market importance, and therefore the contractual relations relating to its creation and commercial exploitation are governed by specific industry standards, practices and categories.
The protection of trade secrets has traditionally been seen in the legal literature and in practice as part of the protection of intellectual property. The concept of trade secrets, their protection, the rights deriving from such protection and the claims that can be brought in the event of infringement are governed by specific legislation.
In addition to legal protection, the contractual protection of trade secrets is in practice ensured by confidentiality agreements. The conclusion of these agreements typically precede or complement contracts for the exploitation of other specific intellectual property (such as film, media or software).
In the age of digitalization, the protection of personal data against misuse has become more and more valuable. There is a comprehensive, detailed and uniform set of rules on the protection of personal data across the EU that all businesses must comply with.
In addition to corporate legal documents, contracts, general terms and conditions, a professionally and carefully drafted data protection policy, as well as data security and the lawfulness of data processing, are of particular importance in the life of a business.
Tailored legal support
Depending on the complexity of the case and the needs, it is possible to have a face-to-face or online consultation or a more comprehensive written analysis, including a thorough and in-depth background research on the law, case-law and the relevant circumstances of the case, in particular, on the following issues:
• protection and exploitation of intellectual property
• developing a brand protection and intellectual property strategy
• information on the rights and obligations of the Client and the opposing party(ies) in order to prevent potential disputes, or - in the event of an already existing dispute - the risks of litigation, possible outcomes and their probability
• developing an enforcement strategy against intellectual property and competition law infringements
A contract is not just a "piece of paper", it is a fundamental key to successful cooperation between the parties. A good contract is thorough, careful, detailed, professional and understandable.
In particular, I have experience in negotiating and drafting contracts on the following subjects:
• contracts relating to the creation, exploitation and sale of cinematographic works, musical works, sound recordings, television programmes, software and other copyright works
• agreements for the licensing of copyright works, copyright protected characters, trademarks, designs (merchandising)
• contracts for the development and exploitation of software, other IT-related contracts
• cooperation and production contracts for artistic activities
• confidentiality agreements
In addition to the above contracts which require specialized expertise, I also assist in the conclusion of the following contracts:
• real estate, acquisition and transfer of shares in companies and other corporate transactions
I represent my Clients in Hungarian, European Union and international trademark registration proceedings, as well as in Hungarian and Community (European Union) design registration proceedings before the Hungarian Intellectual Property Office (SZTNH), the European Union Intellectual Property Office (EUIPO) and the World Intellectual Property Organization (WIPO).
The manner in which trademark and design applications are filed will have a decisive impact on whether the protection sought will provide adequate and effectively enforceable protection in the future.
In the case of trademarks, it is essential to carefully consider the exact elements constituting the sign and the scope of the goods and services for which protection is sought as well as the terms used in the application.
In the case of design, much depends on which features of the product are sought to be protected, and how they are represented in the application in one or more pictures or photographs of the design.
All these will greatly affect the extent of protection that can be obtained and its subsequent enforceability against infringements. This is one of the reasons why it is crucial to file trademark and design applications in a professional and diligent manner.
In most cases, intellectual property disputes can be settled outside formalized procedures by amicable agreement between the parties. This requires, in addition to a deep knowledge of the law and case-law involved, a constructive and flexible approach on the part of the lawyer handling the case, whose aim is not to defeat the other party at all costs, but to create a situation in which the parties can continue their activities without harming each other's interests.
I am proud that in most of the cases I am involved, disputes are resolved by agreement, which is then actually implemented by the parties.
In addition to amicable resolution of disputes, I have extensive experience in regulated litigation in the above areas. These sometimes have to be pursued, but my experience is that representing the Client's interests effectively and professionally in these proceedings may as well ultimately lead to an amicable resolution of the dispute, as formalized proceedings can also end in an out-of-court settlement of the parties.
I regularly provide legal representation in the following cases:
• representation of the right holder in the enforcement of their rights in civil and criminal proceedings for infringement of intellectual property rights;
• representation in domain name disputes before domestic and international alternative dispute resolution forums;
• representation in adversarial procedures concerning trademarks, trademark applications and designs before the Hungarian Intellectual Property Office and the European Union Intellectual Property Office, as well as before the courts;
We are living in an age of digitalization and artificial intelligence revolution, where the services provided by businesses electronically and online are becoming more diverse and dominant.
I regularly provide legal support to businesses operating classic online shops or offering various innovative and unique digital services, in identifying and resolving legally significant questions in the planned business model and in drafting the related legal documents, typically general terms and conditions, contracts, and other regulations.
I do not work with templates and pre-generated panels, but I thoroughly explore the unique and specific circumstances, needs, objectives, risks specific to the particular business and tailor the work to these.
Depending on the complexity of the case and the needs, it is possible to have a face-to-face or online consultation or a more comprehensive written analysis, including a thorough and in-depth background research on the law, case-law and the relevant circumstances of the case, in particular, on the following issues:
- protection and exploitation of intellectual property
- developing a brand protection and intellectual property strategy
- information on the rights and obligations of the Client and the opposing party(ies) in order to prevent potential disputes, or - in the event of an already existing dispute - the risks of litigation, possible outcomes and their probability
- developing an enforcement strategy against intellectual property and competition law infringements
A contract is not just a "piece of paper", it is a fundamental key to successful cooperation between the parties. A good contract is thorough, careful, detailed, professional and understandable.
In particular, I have experience in negotiating and drafting contracts on the following subjects:
- contracts relating to the creation, exploitation and sale of cinematographic works, musical works, sound recordings, television programmes, software and other copyright works
- agreements for the licensing of copyright works, copyright protected characters, trademarks, designs (merchandising)
- contracts for the development and exploitation of software, other IT-related contracts
- cooperation and production contracts for artistic activities
- confidentiality agreements
In addition to the above contracts which require specialized expertise, I also assist in the conclusion of the following contracts:
- real estate, acquisition and transfer of shares in companies and other corporate transactions
I represent my Clients in Hungarian, European Union and international trademark registration proceedings, as well as in Hungarian and Community (European Union) design registration proceedings before the Hungarian Intellectual Property Office (SZTNH), the European Union Intellectual Property Office (EUIPO) and the World Intellectual Property Organization (WIPO).
The manner in which trademark and design applications are filed will have a decisive impact on whether the protection sought will provide adequate and effectively enforceable protection in the future.
In the case of trademarks, it is essential to carefully consider the exact elements constituting the sign and the scope of the goods and services for which protection is sought as well as the terms used in the application.
In the case of design, much depends on which features of the product are sought to be protected, and how they are represented in the application in one or more pictures or photographs of the design
All these will greatly affect the extent of protection that can be obtained and its subsequent enforceability against infringements. This is one of the reasons why it is crucial to file trademark and design applications in a professional and diligent manner.
In most cases, intellectual property disputes can be settled outside formalized procedures by amicable agreement between the parties. This requires, in addition to a deep knowledge of the law and case-law involved, a constructive and flexible approach on the part of the lawyer handling the case, whose aim is not to defeat the other party at all costs, but to create a situation in which the parties can continue their activities without harming each other's interests.
I am proud that in most of the cases I am involved, disputes are resolved by agreement, which is then actually implemented by the parties.
In addition to amicable resolution of disputes, I have extensive experience in regulated litigation in the above areas. These sometimes have to be pursued, but my experience is that representing the Client's interests effectively and professionally in these proceedings may as well ultimately lead to an amicable resolution of the dispute, as formalized proceedings can also end in an out-of-court settlement of the parties.
I regularly provide legal representation in the following cases:
- representation of the right holder in the enforcement of their rights in civil and criminal proceedings for infringement of intellectual property rights;
- representation in domain name disputes before domestic and international alternative dispute resolution forums;
- representation in adversarial procedures concerning trademarks, trademark applications and designs before the Hungarian Intellectual Property Office and the European Union Intellectual Property Office, as well as before the courts;
We are living in an age of digitalization and artificial intelligence revolution, where the services provided by businesses electronically and online are becoming more diverse and dominant.
I regularly provide legal support to businesses operating classic online shops or offering various innovative and unique digital services, in identifying and resolving legally significant questions in the planned business model and in drafting the related legal documents, typically general terms and conditions, contracts, and other regulations.
I do not work with templates and pre-generated panels, but I thoroughly explore the unique and specific circumstances, needs, objectives, risks specific to the particular business and tailor the work to these.
I provide legal advice on data protection and ensure the professional drafting of data protection policies for businesses in cooperation with my data protection law expert partners.
In addition to the above specialized activities, I occasionally also assist in transactions falling within the scope of the classic legal practice.
Intellectual property law requires in-depth and specialized expertise. It is essential to have thorough knowledge of the related domestic and European case-law which develops constantly; preparedness requires constant learning.
I am a regular attendee of domestic and international conferences and workshops on intellectual property protection, with a special focus on film and audiovisual media law. At these events, I have become acquainted with IP law practitioners from all around, so I can rely on their professional assistance in cross-border cases.
While protecting the interests of my Clients, I seek to contribute to the development of the legal culture of domestic film and media industry by implementing the contractual constructions and legal solutions developed in international industry practice.
I regularly give lectures on intellectual property protection to creative and performing artists.
