United States of America

Hungary

IP Enforcement

Civil and administrative procedures and remedies

22. Article 46 requires that judges and administrative officials be authorized to order, in certain circumstances, other remedies, including disposal of goods outside commercial channels or destruction of goods and destruction of materials and implements the predominant use of which is the creation of infringing goods. Please describe the additional remedies available under the laws of Hungary, the circumstances in which such authority will be exercised, the factors considered in determining the nature of the remedies provided, and cite the legal authorities providing for such remedies.

Article 27 of the Trademark Act provides for the following remedies (in addition to damages): "(2) The right holder may depending on the circumstances of the case, have recourse to the following civil remedies: (a) request that the fact of infringement be declared by the court; (b) request an injunction that the infringer cease his infringement; (c) demand that the infringer give information on the identity of third persons involved in the production and distribution of the infringing goods and in the supply of infringing services and of their channels of distribution; (d) demand satisfaction from the infringer by way of a declaration or by other appropriate means; if necessary, the declaration shall be made public by the infringer or at his expense; (e) require surrender of enrichment obtained by the infringement of the trademark; (f) request the seizure of the means used exclusively or predominantly for infringement and of the infringing products and the packaging thereof. "(3) The court may rule, at the request of the proprietor, that the infringing nature of the means, materials, products and packaging seized be removed in particular by removing the trademark or, where this is not possible, that they be destroyed. In well founded cases, the court may order, in place of destruction, that the means and materials seized be auctioned according to the rules of court execution procedure; in such case, the court shall decide how the sum obtained is to be used. "(4) Seizure of the means and materials used for trademark infringement and of the infringing products and packaging shall be admissible even though they are not in the ownership of the infringer if the proprietor knew or had reasonable grounds to know of the trademark infringement." As Article 120 of the Trademark Act has amended other intellectual property laws accordingly, the same remedies are available, mutatis mutandis, under Article 52 of the Copyright Act, Article 11 of the Industrial Design Decree, and Article 35 of the Patent Act.