The article below will provide overview of online intellectual property in Hungary such as third-party links, content and licences, video content, IP rights enforcement and remedies, which help reader understand clearly about online intellectual property in Hungary.
Third-party links, content and licences
Is it permissible for a website owner to link to third-party websites without their permission? This must be evaluated on a case-by-case basis at all times. A link to a third-party website is acceptable in general if the third-party website is targeted at all internet users and is not protected (e.g., not behind a paywall). Users shall always have the clear ability to identify the original source and to understand that the website owner merely links to a third-party website (without having any relationship with the third-party websites). If the linked third-party website is unauthorised content, the website owner may be also liable.
Is it legal for a website owner to utilize third-party content on its website without the authorization of the third-party content provider? Could the potential consequences be civil in nature as well as criminal or regulatory? A website owner may use third-party content on its website without permission if there is a specific allowed case of fair use (such as citation, free lecture, parody, orphan works, exhaustion of distribution of reproduced copies of the work) and it is used within the specific limits of fair use set out in the Copyright Act. Otherwise, the website owner’s unauthorized use of third-party copyright material may be considered copyright infringement, with civil and criminal penalties possible.
Can a website owner exploit the software used for a website by licensing the software to third parties? Because the website owner may only utilize the program if it obtains the rights to do so, a case-by-case investigation is required. For example, if a website owner’s staff develop proprietary software, the website owner gains the ability to license the program to third parties. If, on the other hand, the website software is a widely available product, the license terms normally do not allow buyers to further exploit or sublicense the software to third parties.
Are there any liabilities associated with linking to third-party websites? Unauthorized links to third-party websites can be considered copyright infringement, with both civil and criminal penalties possible.
Is internet video content regulated in the same way that TV content is, or does it have its own set of rules? Video and television programming are both audiovisual works subject to the same copyright laws in Hungary, however there are some extra requirements for airing by television organizations.
IP rights enforcement and remedies
Is it legal for authorities to conduct dawn raids and issue freezing injunctions in the case of IP infringement? When an IP infringement is a criminal offense, the Hungarian Tax and Customs Administration has jurisdiction and can issue dawn searches and freezing injunctions. In civil cases, civil courts have the authority to issue freezing injunctions. If IP infringement is considered a crime in the internet context, a criminal court might order the online host provider to remove the illegal content within one day.
What civil remedies are available to IP owners? Do they include search orders and freezing injunctions? IP owners can seek a variety of civil remedies through final court judgements and temporary injunctions, including: the right to claim damages; the right to request cessation of the infringement; the right to claim recovery for unjust enrichment of the infringer; the right to claim seizure or destruction of infringing goods; the right to request a public court order or a public statement with appropriate content and form; the right to request removal of the infringing goods from the market; and the right to request information about the parties involved in the performance of services affected by the infringement as well as about the business network established by the infringing acts.
You can see a list Hungary IP firms here