United States of America

Hungary

IP Enforcement

Civil and administrative procedures and remedies

23. Article 47 provides that WTO Members may authorize judges and administrative officials to order infringers to identify for right holders third parties involved in the production and distribution of infringing goods or services and their channels of distribution. Please describe any authority judges and administrative officials have under the laws of Hungary to order infringers to identify for right holders third parties involved in the production and distribution of infringing goods or services and their channels of distribution and describe the circumstances in which this authority would be exercised. Please cite the legal authorities providing for such remedies.

Under Article 27(2) of the Trademark Act the proprietor may, depending on the circumstances of the case, 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. As Article 120 of the Trademark Act has amended other intellectual property laws accordingly, the same provision is contained by Article 52(1) of the Copyright Act, Article 11 of the Industrial Design Decree, and Article 35 of the Patent Act. See also Hungary's replies of to questions 5 and 6 of the Checklist of Issues on Enforcement.