United States of America
Hungary
IP Enforcement
Criminal Procedures
56. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and destruction of infringing goods and any materials and implements the predominant use of which has been the commission of the offence. Please explain the provisions in the law of Hungary that provide for such remedies, describe the circumstances in which those remedies would be imposed and provide legal citations.
Under the Criminal Code, seizure and forfeiture (confiscation) is possible in all cases. The basic rules are the following: The property must be confiscated which has been used or designed as an instrument for the perpetration of a crime, if it is owned by the perpetrator, and also otherwise, if its possession endangers public security; or which came into being through the perpetration of a crime; or which has been received by the perpetrator of a crime from the owner or from another person with the owner's consent, in return for the perpetration. That printed press material in which crime is realized must also be confiscated. In cases defined by the law, that property must be confiscated in respect of which the crime has been perpetrated, or which was the object of a given pecuniary advantage. In the case of violation of authors' rights and neighbouring rights, the tangible property owned by the offender in respect of which the offence has been committed, must be confiscated. Confiscation is admissible even when the tangible property is not owned by the offender, but the owner has previously been aware of the commission of the offence (Article 329/A (5) of the Criminal Code).