Legislative Implementation of Flexibilities - Hungary

Title:	Section 329 D of the Criminal Code, Act No. IV of 1978
Field of IP:	Patents
Type of flexibility:	Criminal sanctions for patent infringement
Summary table:

Provisions of Law

Violation of Industrial Design Rights

Section 329/D.

(1) A person who violates the right of the holder of a patent, plant variety, certification of supplementary protection, trademark, geographical indication, design rights, utility models or topographies conferred on the basis of an act, promulgated international convention or Community legislation by imitating or copying the subject matter of protection, and thereby causing financial injury, is guilty of a misdemeanor punishable by imprisonment of up to two years, community service work, or a fine.

(2) The punishment for a felony shall be imprisonment for up to three years if the violation of industrial design rights:

a) results in substantial financial injury;

b) is committed in a pattern of business operation.

(3) The punishment shall be:

a) imprisonment of up to five years if the violation of industrial design rights results in particularly considerable financial injury;

b) imprisonment between two to eight years if the violation of industrial design rights results in particularly substantial financial injury.