The ratification bundle including not only the UPC Agreement but also amendments of other laws (Code of Civil Procedures, Patent Act, Act on Judges and Act on Courts etc.) is still pending at the Ministry of Justice. Governmental Decree No. 1714/2015 published on 5 October 2015 authorised the Minister of Justice to assess the final wording of The Protocol to the Agreement on a Unified Patent Court on Provisional Application. The draft law on ratification was expected by the end of 2015 but has not been published yet. Ratification was expected by the first quarter of 2016, however it has not yet taken place.
According to earlier news Hungary planned a regional CFI in cooperation with Slovenia and Croatia. Although Hungary may also establish a local division, if the previous plans to form a regional CFI will not succeed - the decision is still to be made.
It is expected to be in Budapest.
No information as yet. *Budapest is the location of the training centre for the UPC judges.
The official languages of the Member States of the regional CFI (if happens): Hungarian, Slovenian, Croatian and English. In case of a local division: Hungarian and English.
|UP/UPC implementing legislation
No information as yet.
|Other UP matters of interest
According to non-official information the Ministry of Justice is working on an impact assessment, which is a general requirement of Hungarian law before submitting a draft law to the Parliament, and on 15 October 2016 the Ministry of Justice appointed Mr Krisztián Kecsmár as ministerial commissioner for the management and coordination of the tasks in connection with the UPC Agreement.
Brexit raised further questions on the ratification. On 18 July 2017, the Hungarian Minister of Justice, acting on behalf of the government, requested the Constitutional Court of Hungary to express its opinion on the constitutional concerns related to the ratification of the UPC Agreement. The fundamental question is whether the ratification should be realised having regard to the transfer of sovereignty in the EU or the UPC Agreement should be treated as a traditional international treaty. Since the ratification would result major changes in the court system of Hungary and both of the possibilities would raise further constitutional concerns, the Government requested the Constitutional Court to express its detailed opinion on how to ratify the Agreement in compliance with the Hungarian Constitution. Therefore we do not expect any progress in the ratification procedure before the Constitutional Court expresses its opinion on the nature of the UPC Agreement.
Hungary signed the UPC Agreement's Protocol on provisional application (PPA) in October 2015.
Request of the Government for interpretation of the Constitution (in Hungarian)