United States of America

Hungary

IP Enforcement

Provisional Measures

28. Articles 50.2 and 50.8 require that judicial authorities and administrative bodies be authorized to grant provisional remedies when a delay is likely to cause "irreparable harm" to the right holder. Please describe briefly what is required by the authorities identified in answers to questions 25, 26 and 27 to establish "irreparable harm" to the right holder.

Under 156(1) of the Code of Civil Procedure, the court may order a provisional measure, on request, if it is necessary to prevent imminent damage, or to preserve circumstances giving rise to litigation or to protect the petitioner's rights deserving special appreciation and if the drawbacks caused by the measure do not outweigh the benefits attainable by it. See also Hungary's reply to question 10 of the Checklist of Issues on Enforcement.10