United States of America

Hungary

IP Enforcement

Civil and administrative procedures and remedies

14. Article 42 requires, with one narrow exception, that there be a means to identify and protect confidential information during judicial and administrative intellectual property enforcement proceedings. Please describe the means provided under the law of Hungary for parties to identify and have protected confidential information required to be presented in order to prove their claims and cite the legal authorities providing for such identification and protection.

Article 7 of the Code of Civil Procedure regulates the specific circumstances under which the public may be barred from the trial of the case in order to protect state secrets, trade (business) secrets or secrets pertaining to an official service. Article 89 of the Patent Act contains an additional provision authorizing the court, upon request of a party, to exclude the public from the hearing or from the pronouncing of the decision, even when the requirements of the Code of Civil Procedure mentioned above are not fulfilled. Article 80 of the Trademark Act includes a similar provision. The Act on the Prohibition of Unfair Market Practices and the Restriction of Competition provides for the protection of undisclosed information. It prohibits the use of trade (business) secrets in an unfair manner as well as their unauthorized disclosure to third persons or the general public.