United States of America

Hungary

IP Enforcement

Civil and administrative procedures and remedies

15. Article 43.1 of the TRIPS Agreement requires that judicial and administrative officials be able to order a party to an intellectual property enforcement proceeding to produce relevant evidence in that party's control identified by the opposing party when the latter party has presented reasonably available evidence in support of its claims. Please describe how and in what circumstances judges and administrative officials may order production of relevant evidence in intellectual property enforcement proceedings and cite the legal authorities providing for such orders.

Under Article 95(5) of the Trademark Act, where in the course of proceedings for trademark infringement, one of the parties has already made the facts likely to a due extent, the court may, upon request of the party producing evidence, require the adverse party to present any relevant document and other exhibits in its possession and to make inspection possible. All other intellectual property laws listed in the response to question 1 include a similar provision, as a result of their amendment by the Trademark Act.