HUNGARY
Since May 2001
Since July 1999, entry into force in January 2000, last amended in December 2024
Since July 1999, entry into force in January 2000, last amended in December 2024
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Directive 2001/29/EC
Act LXXVI of 1999 on Copyright (1999. évi LXXVI. Törvény a szerzői jogról)
Act LXXVI of 1999 on Copyright (1999. évi LXXVI. Törvény a szerzői jogról)
There is no general principle for the use of copyright-protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.
Chapter 4 of the Act LXXVI of 1999 establishes copyright exemptions, including a right of citation, the right of use for educational purposes, private use and news reporting.
Chapter 4 of the Act LXXVI of 1999 establishes copyright exemptions, including a right of citation, the right of use for educational purposes, private use and news reporting.
Coverage Horizontal
HUNGARY
Reported in 2021, last reported in 2024
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that internet piracy in Hungary is a significant issue. Stakeholders have noted that the Hungarian government should allocate sufficient resources to its law enforcement authorities to effectively combat intellectual property rights violations, particularly those occurring online.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250221204839/https://www.trade.gov/country-commercial-guides/hungary-protecting-intellectual-property
- https://web.archive.org/web/20250710022130/https://www.state.gov/reports/2024-investment-climate-statements/hungary
- https://web.archive.org/web/20231206061701/https://gss.bsa.org/wp-content/uploads/2018/06/2018_BSA_GSS_InBrief_US.pdf
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HUNGARY
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Hungary and the European Union have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. Hungary ratified the Treaty on 27 November 1998, with its provisions coming into force on 6 March 2002. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.
Coverage Horizontal
HUNGARY
Since May 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Hungary and the European Union have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. Hungary ratified the Treaty on 27 November 1998, with its provisions coming into force on 20 May 2002. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.
Coverage Horizontal
HUNGARY
Since June 2016
Since November 2018
Since November 2018
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)
Act LIV of 2018 on the Protection of Trade Secrets (2018. évi LIV. tTörvény az üzleti titok védelméről)
Act LIV of 2018 on the Protection of Trade Secrets (2018. évi LIV. tTörvény az üzleti titok védelméről)
The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. Hungary transposed the Directive through Act LIV of 2018 on the protection of trade secrets.
Coverage Horizontal
HUNGARY
Since December 2003, as amended in December 2020
Since May 2014
Since May 2014
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Act C of 2003 on Electronic Communications (2003. Évi C. Törvény az Elektronikus Hírközlésről)
Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
It is reported that passive sharing is mandated and is effective in both the mobile (based on commercial agreements) and fixed sectors. Pursuant to Art. 90 of Act C of 2003 on Electronic Communications, service providers that hold ownership or usage rights over an electronic communications facility are required to enter into contracts to ensure the shared use of network elements and related facilities. The obligation specifically covers ownership and access to structures, internal wiring, support columns, antennas, towers and other supporting constructions, substructures, cable ducts, inspection chambers, and cabinets. However, it does not extend to parts of the structure that are open to customer traffic and serve that particular function.
In addition, Directive 2014/61/EU (Art. 3.2) establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator must meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
In addition, Directive 2014/61/EU (Art. 3.2) establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator must meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Coverage Telecommunications sector
Sources
HUNGARY
Reported in 2018, last reported in 2024
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It has been reported that a lack of transparency remains a significant challenge in public procurement procedures in Hungary, particularly for foreign bidders. Concerns relate to the use of overly narrow tender specifications and implicit preferences for local vendors and state-owned enterprises. These issues have been echoed by both the business community and foreign governments, which have noted persistent obstacles to fair competition. Several multinational firms have further indicated that participation in Hungarian public procurements entails unacceptably high levels of corruption and compliance risk.
Moreover, in April 2022, the European Commission launched a budget conditionality mechanism against Hungary over the “systemic irregularities, deficiencies and weaknesses” in its public procurement procedures.
Moreover, in April 2022, the European Commission launched a budget conditionality mechanism against Hungary over the “systemic irregularities, deficiencies and weaknesses” in its public procurement procedures.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250710022130/https://www.state.gov/reports/2024-investment-climate-statements/hungary
- https://web.archive.org/web/20250812195509/https://ustr.gov/sites/default/files/2024%20NTE%20Report.pdf
- https://web.archive.org/web/20220117100153/https://www.euractiv.com/section/justice-home-affairs/news/citing-systemic-fraud-commission-pushes-hungary-to-change-procurement/
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HUNGARY
Since January 1989
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Act XXIV of 1988 on Foreign Investments in Hungary (1988. évi XXIV. törvény a külföldiek magyarországi befektetéseiről)
There are no foreign ownership limitations in sectors relevant for digital trade.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250210190355/https://investmentpolicy.unctad.org/investment-laws/laws/541/hungary-act-xxiv-of-1988-on-foreign-investments-in-hungary
- https://web.archive.org/web/20250210181046/https://net.jogtar.hu/jogszabaly?docid=98800024.tv
- https://web.archive.org/web/20231024155210/https://www.state.gov/reports/2023-investment-climate-statements/hungary/
- https://web.archive.org/web/20231210052717/https://www.state.gov/reports/2022-investment-climate-statements/hungary/
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HUNGARY
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.62%
Coverage rate of zero-tariffs on ICT goods (%)
77.14%
Coverage: ICT goods
HUNGARY
Since September 2015
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Act CLXLIII of 2015 on Public Procurement (2015. évi CXLIII. Törvény a közbeszerzésekről)
Under Art. 62. k of the Act CLXLIII on Public Procurement, foreign firms are excluded from government procurement if they are registered in a country that is neither an EU member nor a member of the WTO Government Procurement Agreement nor if they are registered in a country that has no double taxation treaty with Hungary or the EU.
Coverage Horizontal
HUNGARY
Since March 2004, last amended in February 2014
Since September 2015
Since September 2015
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
Act CLXLIII of 2015 on Public Procurement (2015. évi CXLIII. Törvény a közbeszerzésekről)
Act CLXLIII of 2015 on Public Procurement (2015. évi CXLIII. Törvény a közbeszerzésekről)
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In Hungary, the Directive has been transposed with Act CXLIII of 2015 on Public Procurement.
In Hungary, the Directive has been transposed with Act CXLIII of 2015 on Public Procurement.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment
Sources
- https://web.archive.org/web/20220303180640/https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN#d1e7298-243-1
- https://web.archive.org/web/20220308150625/https://www.procurementinet.org/wp-content/uploads/2017/02/Public-Procurement-Act-Hungary.pdf
- https://web.archive.org/web/20240301001209/https://www.lexology.com/library/detail.aspx?g=276feaf8-c91b-4b7d-8310-dad8134f3c4c
- https://web.archive.org/web/20220121131638/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52019XC0813(01)&from=EN
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GUINEA-BISSAU
Reported in 2022, last reported in 2024
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that in Guinea-Bissau, the de minimis threshold, that is, the minimum value of goods below which Customs Authority do not charge duties, is USD 100, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
GUINEA-BISSAU
Since October 2012
Pillar Online sales and transactions |
Indicator Restrictions on domain names
Decree No. 7/2012 of 23 October - Regulations of the Domain name registration (Decreto No. 7/2013 de 23 de Outubro - Regulamento do Registo de Domínios)
Art. 2 of Decree No. 7/2012 states that only entities legally incorporated or residents in Guinea-Bissau can acquire local domain names ".gw". However, under certain conditions, temporary domain registration can take place, namely if the foreign company appoints a local legal representative and presents a declaration duly certified committing to set up the company in Guinea-Bissau.
Coverage Horizontal
GUINEA-BISSAU
N/A
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Guinea-Bissau lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241211194313/https://unctad.org/page/cyberlaw-tracker-country-detail?country=gw
- https://web.archive.org/web/20231119223135/https://unctad.org/page/online-consumer-protection-legislation-worldwide
- https://web.archive.org/web/20220601091945/https://www.wto.org/english/tratop_e/tpr_e/s362-04_e.pdf
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