Hungarian Supreme Court: Patent Revocation Decision Before Patent Infringement Proceedings
On October 11, 2010, the Hungarian Supreme Court ruled that a court is obligated to suspend a patent infringement case if the Hungarian Patent Office (HPO) has not reached a decision in the patent revocation proceeding.
In a recent infringement case, the court of first instance decided that the defendant had infringed the plaintiff’s patent. The defendant appealed with the Metropolitan Court of Appeal on the grounds that he had initiated a revocation proceeding against the patent before the HPO. The Metropolitan Court of Appeal suspended the infringement proceeding and the Supreme Court upheld the court’s decision.
According to the EPLAW Patent Blog, this decision is an example of judiciary bifurcation in Hungary. Even though the plaintiff stressed that the defendant has not argued the validity of the patent during the six years of litigation and was deliberately stalling the proceeding, the Supreme Court held that the infringement proceeding must be suspended until the revocation proceeding results in a legally binding decision.
For more information, please contact Masa Lopicic at our Balkan Regional Office.
November 2010 News
- Russia Adopts Amendments to IP Regulations
- Serbia to Adopt New Patent Law
- New Macedonian Copyright Law Treats Copyright Infringement as Criminal Offense
- Latvia Adopts Amendments to Patent, Trademark and GI Laws
- Gucci Loses Claim Against Polish Gucio
- Serbia Gets Cyrillic Domain
- Open Registration of Cyrillic Domain Begins in Russia
- Bulgarian Authorities Uncover Manufacturers of Pirated CDs Worth EUR 19M
- Russia Prosecutes Suspected Fake Drug Spammer
- Hungarian Supreme Court: Patent Revocation Decision Before Patent Infringement Proceedings
- Czech Firm Develops DVD that Stores Data for 160 Years
- Hungary Accedes to London Agreement
- Slovenian and Slovak Trademarks Added to TMview
- More Fake Goods Detained in Estonia in January-September 2010 than in 2009
- Macedonian Customs Detain Counterfeit Toy Cars, Apparel, Footwear
- Romanian Customs Seize Adidas, Nike, Puma, Armani Counterfeits
- Slovenian Customs Confiscate Pirated Toys, Disks
- Counterfeit Airplane Parts Jeopardize Flight Safety in Russia
- Romania Conference Raises Alarm on Fake Medicine Trade
- Bulgarian Police Close Virtual Mall with Fake Designer Goods
- Macedonian Authorities Confiscate Computers, Pirate CDs
- Macedonian Authorities File Piracy Charges Against Local Cable Operator
- Bulgarian Police Raid Copy Centers
- Romania Fights Software Piracy
- EC: Bosnia Needs to Improve IPR Enforcement
- Serbia and WIPO Sign Cooperation Agreement
- Slovenian IPO Grants Authorization to New Copyright Collective