Hungary

Please contact our partner office for more information about our services in Hungary:

Bérczes Law Office
Petofi utca 2
8295 Taliándörögd
Hungary
T +36 20 354 3333 or +36 87 999 618
Contact: Mr László Bérczes and Ms Zsófia Fulajtár
office@berczes.hu

 
REACT has a longtime partnership agreement with László Bérczes - Bérczes Law Office with offices in Budapest and Taliándörögd (Balaton region), specialized in IP enforcement. Our agreement ensures that Customs and Police cases can be followed up for Members at fixed fees.

Our services in Hungary

  • Amicable settlements and/or negotiation settlement following Customs actions
  • Appearing in court hearings in criminal proceedings as witnesses or experts
  • Attending personal hearing
  • Desk research
  • Drafting and filing of administrative complaints
  • Drafting and filing of criminal complaints
  • Drafting and filing of expert reports, affidavits and written witness statements
  • Filing a demand for a raid
  • Filing Customs applications
  • Follow up Customs/Police cases (C&D letters, negotiations, settlement drafting)
  • Handling court proceedings (appeals and civil claims)
  • Informing Customs officers on brand details
  • Organize and assist the police and relevant authorities in market raids
  • Organize inspections and investigations of markets, shops and events
  • Organize test purchases
  • Organizing the transportation, storage, destruction and, wherever possible, the recycling of counterfeit products
  • Organizing training sessions and information meetings for Police, Customs and/or Trade Inspection authorities
  • Preparing and submitting civil actions (including C&D letters)
  • Simplified procedure

Country Procedures

  • Customs application is mandatory for simplified procedures under EU Regulation 608/2013 but not mandatory for criminal seizures
  • Customs application is valid for one year
  • Simplified procedure: it usually takes 30 days to obtain a decision on destruction if there
    is no objection from the importer
  • Customs will act ex officio
  • Deadline for response to Customs notification of detention is 10 working days
  • Deadline for importer to respond to seizure is 10 working days
  • Local authorities tasked with taking criminal action against infringers
    are the National Tax and Customs Office
  • Remedies available under criminal law: seizure, damages claim, confiscation of the seized goods, fine and imprisonment
  • Proof of knowledge of counterfeiting is required in criminal procedure
  • Ex parte orders are available in criminal procedure yes, not in civil procedure
  • Interim injunctions available: the civil court usually orders it within 4-8 weeks from the filing of such request
  • Damages and costs basically available in civil procedure, but it is also possible to claim damages in criminal procedure. However, the criminal courts rarely deal with such claims
  • Contributory liability remedy available in civil procedure