The Architectural Copyright Register was started at the very beginning of January 2020, and is intended to contain information about the copyright related to architectural and technical design documentations and the buildings and structures realized based on them.
Since there were many disputes and legal issues related to renovation, remodeling and other construction activities affecting existing structures, on 4 July 2020, a Government decree was issued to further clarify the details about the registry process, and to announce the introduction of the electronic register.
The registry process can be initiated by either the builder or the contracted designer on the electronic interface of the register, but it must also be approved by the other party for registration. Decree 8/2020, which already entered into force, sets a deadline of 30 days for the submission of the registry request, starting from the day, the architectural technical documentation was handed over the client.
The Register publishes the information about copyright on its website and on the e-epites.hu website, and by doing so it also invites persons whose copyright may be affected by the registration to file a possible dispute within 15 days, which they may submit with reference to the infringement of their own copyright. Following the deadline, a copyright notice concerning the design documentation will be published on the interface of the Register. If the copyright owner fails to claim infringement within this 15-day period, the may still subsequently request the modification of the previously registered data on the basis of a final court ruling.
The Register is public and can be accessed by anyone after electronic identification. The Register provides easy and quick information on the data of the holders of copyrighted architectural works, thus allowing construction to be carried out with appropriate professional guarantees, in accordance with construction requirements and without copyright violations or disputes.
According to the decree, the person authorized to make a declaration is responsible for the veracity and the accuracy of the reported data; keeping the register is not an official procedure.
The fully electronic version of the Architectural Copyright Register will be available from 1 January 2021.
By Gabriella Galik, Partner, KCG Partners Law Firm