To start the procedure a specific or a general application may be submitted to the competent customs authority. The person entitled to submit an application is: the person entitled to the protection of the trademark, the protection of the geographical indication, and the holder of the copyright and/or neighbouring rights; the user of the trade mark entered into the Register of Trademarks, in the case of copyrights and neighbouring rights, the user entitled to use them; and the organisation dealing with the common administration of copyrights and neighbouring rights. The action of the customs authority may be required regarding the specific illegal goods or shipment in the case of a specific application. In the case of the general application the action may be required in relation to a specified producer or country of origin for a period of up to six months. The specific application shall be submitted at the customs office where the import or export of the illegal goods is to be expected or where the customs clearance of such goods has been initiated. Specific applications where the place of the customs clearance is unknown and general application shall be submitted to the National Headquarters of the Customs and Excise Guard. The customs authority shall take a decision on the merits concerning the application within five working days of the date when it was submitted. The customs authority shall reject the application if: it has not been submitted by the entitled person; the application does not contain all the necessary requirements; the entitled person does not deposit the security. On the basis of the accepted application the customs authority shall place the customs goods submitted by the person requesting customs clearance under direct supervision (suspension procedure), and the entitled person is forthwith notified thereof. The customs authority shall proceed in relation to the illegal goods in accordance with the decision of the court which rules an interim measure to be taken. The customs authority shall implement the customs clearance of the customs goods in accordance with the provisions of the binding decision of the court which ends the procedure.
The application of the entitled person shall contain: the proof that the trademark protection, protection of the geographical indication, and/or the legal protection of copyright or neighbouring rights exists in relation to the customs goods; a statement that the person is entitled to act against the infringement; his request that the customs authority should take the appropriate measures to take the illegal goods under direct customs supervision; the description and relevant characteristics of the customs goods to facilitate identification, and the circumstances, data, documents, which suggest that the infringement is probable; the acknowledgement of the obligation to deposit the security; in the case of a general application the period for which the supervision is required. The entitled person shall relate to the customs authorities provided he is aware of it: the place at which the customs goods can be found or their place of destination; such detailed data as enable the shipment, consignment or the package to be identified (with special regard to the data concerning the packaging and value of the customs goods and the transport vehicle); the denomination of the importer, exporter or the owner of the customs goods; the expected time and place of arrival or departure of the customs goods; all information concerning the customs goods or those involved which may help the customs authority.
The entitled person must prove within ten working days of receiving the notification that he has taken an action for infringement of trademark, geographical indication, or of copyright or neighbouring rights, and has submitted an application for an interim measure to be taken. This deadline may be prolonged by ten working days in a justified case. If the entitled person makes a statement that he does not wish to exercise his rights, or has not proven his application for an interim measure, or if the application for such a measure has been rejected by the court, the customs authority shall forthwith notify the person submitting the goods to customs clearance and following this the customs goods shall be treated in accordance with the application of this latter person.
The entitled person must deposit a security to the customs authority in order to cover the costs of warehousing the customs goods which are placed under customs supervision on the basis of the customs administration's procedure regulated in this decree, to cover the costs of destruction if the customs goods are to be destroyed, and to cover the possible damages payable to the person submitting the goods for customs clearance. The amount of the security shall be 5% of the value of the customs goods if their value can be established. If their value cannot be established, the security shall be a monthly Ft 60,000 for each application. If the amount of the security does not cover the costs, the entitled person must pay the difference.
It is possible according to the Hungarian civil procedure rules that the importer, exporter or the owner of the customs goods is able to ask for indemnification of his losses or damages he suffered under this procedure.
The customs authority, observing the provisions of regulations on the protection of data, shall provide information on request of the entitled person, on the person applying for the customs clearance, on the name of the addressee of the customs goods, and further shall ensure that the entitled person may observe and examine the customs goods in order that the entitled person can exercise his rights laid down in legal regulations.