United States of America
Hungary
IP Enforcement
Provisional Measures
26. Articles 50.1 and 50.8 require that judicial and administrative authorities have the authority to order prompt and effective provisional remedies to preserve relevant evidence in regard to an alleged infringement. Please identify the provisional measures available to preserve relevant evidence in regard to an alleged infringement and cite the relevant legal authority.
Articles 207 211 of the Code of Civil Procedure provide that, upon request of the party concerned, preliminary production of evidence is admissible either before or during the action, if, among others, it seems likely that evidence could not successfully be taken during the action or in a later stage of the action, or it would entail considerable difficulties. In urgent cases, the court may decide on the preliminary production of evidence even without hearing the adverse party. In cases of infringements of intellectual property rights, courts may subject the ordering of preliminary production of evidence to providing security (Article 95(6) of the Trademark Act, Article 52(7) of the Copyright Act, Article 20(7) of the Industrial Design Decree, Article 104(7) of the Patent Act).