Collection of evidence via temporary measures before main lawsuit interpreted by Court of Appeal, Budapest
Obtaining evidence prior to the commencement of the corresponding lawsuit is made possible in Hungary by Art. 207 of the Code of Civil Procedure (CCP) with specific additional provisions for patent infringement proceedings in the Patent Act. However, as these rules – as a precondition - require the patentee to establish the probability of a patent infringement with a high degree, patentees have not often motioned for preliminary collection of evidence in addition to their petitions for preliminary injunction so far, thus this tool has not yet been applied or interpreted by the competent judicial forums.
In a recent court case, however, the patent holder requested the Metropolitan Court in addition to a request for preliminary injunction to oblige the defendant to provide information as evidence obtained prior to the main lawsuit, which the court allowed together with the requested order of preliminary injunction. On appeal, the Metropolitan Appeal Court, as court of second instance reversed the decision in the part concerning the collection of evidence and rejected the motion of the plaintiff while maintained the preliminary injunction.