United States of America
Hungary
IP Enforcement
Civil and administrative procedures and remedies
19. Article 44.2 provides an exception to the requirement in paragraph 1 for government use or use by third parties authorized by the government, limiting the remedy for infringement to payment of adequate remuneration as provided in Article 31(h). Please describe any such limitations on remedies in the laws of Hungary and cite the legal authorities providing for those limitations.
Articles 31 33 of the Patent Act contain provisions on compulsory licenses. They are fully in line with the requirements that are to be met under Article 31 of the TRIPS Agreement. However, if the government or any third party acting with government approval commits an infringement of an intellectual property right, the general remedies can be sought for such infringement. Therefore, under Hungarian law, there are no limitations on remedies that are available for infringement through government use or use by third parties authorized by the government.