Contracting state

Hungary

1

Provisional protection under Art. 67 EPC

 

Yes


Art. 84/E(1) PA

2

Rights conferred

 

Commencement of action due to patent infringement:

The patent applicant may request (1) that the fact of infringement be declared by the court (2) an injunction that the infringer cease his infringement or any acts directly threatening with it (3) satisfaction from the infringer by way of a declaration or by other appropriate means; if necessary, the declaration shall be made public by the infringer or at his expense (4) that the infringer give information on the identity of third persons involved in the production and distribu­tion of the infringing goods or in the supply of infringing services and of their chan­nels of distribution (5) the surrender of the enrich­ment obtained by the infringe­ment of the patent (6) the seizure, the transfer to a specific person, the recall and the definitive removal from the channels of commerce, or destruction, of the infringing products, as well as of the means and materials exclusively or principally used for infringement.

The applicant may also claim damages under the rules of civil liability.

The court hearing the infringement action stays proceedings until the patent is granted.


Art. 19, 35(2), (3) and 36(1) PA

3

Translation of the claims necessary pursuant to Art. 67(3) EPC?

 

Yes


Art. 84/E(1) PA

4

When does the right referred to in section 1 arise if a translation pursuant to Art. 67(3) EPC is necessary?

 

When the mention of the filing of the translation of the claims has been published in the official gazette of the HIPO, the "Szabadalmi Közlöny és Védjegyértesítő" (Gazette of Patents and Trademarks)


Art. 84/E(1) PA

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