Basically, the competent authorities can act ex officio in criminal and in administrative cases. In civil law cases, ex officio action is not possible.
The Border Measures Decree relates to trademarks, geographical indication, copyright and neighbouring rights. It provides for measures against infringements of these intellectual property rights.
The customs authority can take measures ex officio, namely, it can place the customs goods under direct customs supervision, or it can decide to place the customs goods to a bonded warehouse if it obtains such data through its other proceedings, that make it probable that the goods submitted for customs clearance are infringing goods.
If, in a proceeding initiated ex officio, the person of the right holder cannot be established, the customs authority must contact the Hungarian Patent Office in the case of an infringement of the protection of trademarks or geographical indications, or the relevant collective administration organization in the case of an infringement of copyright or neighbouring rights.
The Hungarian Patent Office, on the basis of the available data, must inform the customs authority of the identity of the right holder within five days.
If the collecting administration organization does not provide information on the identity of the right holder within five days, or does not wish to act against the infringement, the customs authority will put an end to the direct customs supervision, and proceeds with the customs clearance in accordance with the application of the person submitting the goods.
