AIPPI

Welcome to the Hungarian Group of AIPPI

Preliminary Injunction After Restriction of Patent

Since of April 15, 2011 the Hungarian Patent Act contains a provision in Article 104(2) according to which in circle of ruling on the necessity to protect the plaintiff’s rights deserving special appreciation which one of the preconditions of ordering preliminary injunction the court shall specifically take into account whether the subject patent was revoked by the Hungarian Intellectual Property Office, or the European patent effective also in the Republic of Hungary was revoked by an opposition division of the European Patent Office or in another Member State of the European Patent Organisation.

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Figure of Easter rabbit

The protection of the IR mark No. 882.978 representing a golden rabbit with a red band around the neck was refused by the Patent Office. It was held that the sitting chocolate rabbit can be attached to Easter, its shape does not differ from the usual ones, it is characteristic for such goods.

Read more: Figure of Easter rabbit