United States of America

Hungary

IP Enforcement

Civil and administrative procedures and remedies

18. Article 44.1 requires that judicial and administrative officials be able to enjoin or otherwise prevent infringing activity by a party, including by preventing the entry of infringing goods into the channels of commerce in their jurisdiction. Please describe authority of the judges and administrative officials identified in question 1 to order parties to stop infringements and to prevent infringing goods from entering the channels of commerce in their jurisdiction immediately after clearance of such goods through customs. In addition, please cite the legal authorities authorizing such actions.

Under Article 35(2)(b) of the Patent Act, the patentee may request from the court an injunction that the infringer cease his infringement. Article 27(2) b) of the Trademark Act provides that the right holder may request from the court an injunction that the infringer cease his infringement. Similar provisions can be found in other industrial property laws. Article 52(1) b) of the Copyright Act includes a provision authorizing the right holder to request from the court an injunction that the infringement be stopped and the infringer desist from continuing the infringement. The courts have the authority to order such injunctions also as preliminary measures. For a detailed description of preliminary measures under the law of Hungary see responses to questions 25 36.