United States of America
Hungary
IP Enforcement
Criminal Procedures
57. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases of wilful infringement of other forms of intellectual property. Please describe any provisions in the law of Hungary that provide for such procedures and remedies and provide legal citations.
Under Article 296 of the Criminal Code false indication of goods is a crime: the person who markets goods of considerable quantity without the consent of a competitor with such characteristic external appearance, packaging or name from which the competitor or his goods having characteristic, features can be recognized, commits a felony, and is punishable by imprisonment up to three years. Furthermore, deception of consumers is committed when the person who in the interest of increasing the marketability of goods states before large publicity untrue facts in a way suitable for deception in respect of essential features of the goods, or gives information suitable for deception about an essential feature of the goods. It is a misdemeanour and punishable by imprisonment up to two years, labour in the public interest or a fine. For the purposes of applying these provisions the following qualify as essential features of goods: their composition, usability, their influence on health or environment, their treatment, origin, whether they meet legal requirements, standards or habitual requirements for such goods, as well as if the utilization of the goods requires the realization of conditions essentially differing from habitual ones.