United States of America

Hungary

IP Enforcement

Civil and administrative procedures and remedies

24. Article 48.2 permits WTO Members to exempt public authorities and officials from liability from remedies only where their actions were taken or intended in good faith in carrying out their responsibilities under the law. Please explain any exemption provided public authorities and officials from liability for abuse of enforcement procedures, describe the circumstances in which such limitations would not apply, and cite the legal authorities granting such exemptions.

Under Article 349 of the Civil Code, liability for damage caused in the sphere of state administration can only be established if the damage could not be prevented by ordinary legal remedies, or the damaged person has resorted to ordinary legal remedies appropriate for preventing damages. These rules also apply to liability for damages caused within the sphere of authority of courts and prosecutor's offices. See also Hungary's reply to question 7 of the Checklist of Issues on Enforcement.8