United States of America

Hungary

IP Enforcement

Provisional Measures

30. Articles 50.3 and 50.8 require that judicial and administrative authorities be authorized to require an applicant to provide evidence to establish with a sufficient degree of certainty that the applicant is the right holder and that infringement has occurred or is imminent. With respect to each intellectual property right defined in Article 1.2 of the TRIPS Agreement, please describe the evidence required by right holders to establish ownership.

In respect of registered industrial property rights (patents, utility models, industrial designs, topographies of microelectronic semiconductor products, trademarks and geographical indications) the Hungarian Patent Office on request certifies the rights of the owner by issuing a copy of the registered data on payment of a fee. (See e.g. Article 54(4) of the Patent Act, Article 47(4) of the Trademark Act.) The copy of the registered data is a public (authentic) document mostly required by courts to establish ownership in such procedures. Taking into account the fact that registration of assignments or licenses of exploitation are not mandatory under Hungarian law, the courts may also accept private documents (contracts) constituting conclusive evidence submitted by the plaintiff to establish ownership. For further details, please, see the replies to questions 25 and 26.