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Wolf Theiss | Hungary | 21 Sep 2021

Deposit fees and negative interest rates on deposits in Hungary

Negative interest rates are usually not explicitly provided for in European legislation, leaving credit institutions confronted with several legal issues regarding the introduction of negative interest on deposits or a deposit fee. This article aims to provide an overview of the legal landscape in Hungary in this regard.
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Danubia Patent and Law Office LLC | Hungary | 20 Sep 2021

Suspension of action for preliminary question

In a recent case, a party requested the cancellation of the mark WU2 on the grounds of its similarity to a prior WU2 word mark and a prior WU2 device mark, which were both known by the owner of the later mark. The question of bad faith was raised but not answered by the courts in this procedure, as the proceeding was directed to whether a legal dispute on ownership constituted a basis for the......
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Danubia Patent and Law Office LLC | Hungary | 13 Sep 2021

Earlier name of band versus trademark application

Benkó Dixiland Band was one of the best-known jazz bands in Hungary in the 20th century. When its founder, Sándor Benkó, passed away in 2015, the band ceased to play but its members continued to collect royalties based on, for example, sales of records and discs. This article discusses Benkó's son's unsuccessful application to file for a trademark that was identical to the trade name used by......
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Danubia Patent and Law Office LLC | Hungary | 6 Sep 2021

Problems in respect of acquiescence to prior use

Section 17(1) of the Trademark Act 1977 provides that if a trademark owner tolerates the use of its mark for five years, this constitutes acquiescence. A recent Supreme Court decision established that the conflicting signs do not have to be identical in order for the acquiescence provision to apply.
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Schoenherr | Hungary | 3 Sep 2021

Particularities of Copyright Reform Act

Hungary was one of the first countries in Central and Eastern Europe to fully implement the EU Copyright in the Digital Single Market (CDSM) Directive (2019/790/EU) and the EU Satellite and Cable Directive (2019/789/EU). This article takes a more detailed look at some of the new provisions of the Copyright Reform Act and the implications for the media sector.
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SMARTLEGAL Schmidt & Partners | Hungary | 13 Jul 2021

Shareholders' locus standi for company damages

Can a company's shareholder assert a claim in its own right against a third party that has caused damage to the company, contending that the damage suffered by the company has also decreased the value of its share? To what extent can the right to access a court be limited in the name of sound administration of justice? A recent Supreme Court decision addressed these questions.
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Danubia Patent and Law Office LLC | Hungary | 14 Jun 2021

Conflict of prior trade name and later mark

Priority is a basic institution of trademarks and can be found in the Paris Convention for the Protection of Industrial Property. In a recent decision, the Hungarian Intellectual Property Office cancelled the mark ORSZÁGOS TÉRINFORMATIKAI KONFERENCIA ('National Geographic Conference') on the grounds that the rights in the mark belonged to a different party which had been using the same word......
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Schoenherr | Hungary | 11 Jun 2021

Implementation of EU CDSM and Satellite and Cable Directives

With the recent publication of the Copyright Reform Act, Hungary is one of the first countries in Central and Eastern Europe to fully implement the EU Copyright in the Digital Single Market Directive and the EU Satellite and Cable Directive. The Copyright Reform Act clarifies the responsibility of online platforms for the use of content under copyright protection uploaded on their platforms....
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SMARTLEGAL Schmidt & Partners | Hungary | 25 May 2021

Is a judge biased if they have issued an unfavourable judgment in another case?

Can a judge be disqualified from deciding a legal dispute on the grounds of bias if they have delivered a judgment which is unfavourable to the plaintiff in another case? Can a court be biased if a plaintiff has challenged a previous decision thereof before the European Court of Human Rights? This article answers these questions by analysing a recent Supreme Court judgment.
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SMARTLEGAL Schmidt & Partners | European Union, Hungary | 4 May 2021

Can a judicial error create Hungarian jurisdiction if the place of performance is abroad?

This article analyses a recent Supreme Court decision concerning the Hungarian courts' jurisdiction in a dispute arising from an international sales contract. Among other things, the court established that in the absence of a domestic place of performance, the Hungarian courts do not have jurisdiction over a dispute arising from an international sales contract.
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