United States of America

Hungary

IP Enforcement

Provisional Measures

31. Articles 50.3 and 50.8 require that judicial and administrative authorities be authorized to provide a security or equivalent assurance to protect the defendant. With respect to each intellectual property right identified in Article 1.2 of the TRIPS Agreement, please cite the legal authority establishing a security or equivalent assurance.

Under Article 156(1) of the Code of Civil Procedure, the court may subject the ordering of a provisional measure to a security to be provided by the applicant. Furthermore, in intellectual property cases, the court may subject the ordering of preliminary production of evidence to providing security. It is the court which, considering all relevant circumstances of the case, determines the sum of the security. For further details see the replies to questions 25 and 26.