1 A National Approach to the EU Enforcement Directive: Major Compliance Issues in the Hungarian Legislation Eszter Kabai ProArt Hungarian Copyright Alliance

2 1. Scope of the Directive and Capacity applying for remedies Wide interpretation, unrestricted application of remedies Exclusive rights and rights of remuneration Legal standing of successors of the rightholders, licensees and collective management organizations

3 2. Presumption of authorship and ownership Need for implementation of Article 5 Some questions of practical application

4 3. Claims 3.1. Non-pecuniary claims (1) 1) „declaration by the Court of an infringement of right having occurred” 2) „termination of the infringement of right and the injunction to continue such action” Article 11 recurring penalty payment

5 3. Claims 3.1. Non-pecuniary claims (2) 3) „the infringer should give satisfaction for his action - by declaration or in other appropriate manner - and in case of need such satisfaction should be given due publicity on the part and at the cost of the infringer” broader possibilities for the rightholders

6 3. Claims 3.1. Non-pecuniary claims (3) 4) „the infringer should provide particulars about those participating in the production and distribution of the objects and the supply of the services affected by the infringement of rights as well as about the business relations established for the unlawful uses” i) information on the quantities produced, manufactured, delivered, received or ordered, and the price obtained for the infringing goods or services extension to persons other than the infringer

7 3. Claims 3.1. Non-pecuniary claims (4) ii) Transposing to copyright legislation the notion of commercial scale? iii) Right of information and ISPs limitation of liability not non-liability

8 3. Claims 3.1. Non-pecuniary claims (5) iii) Right of information and ISPs A website offering works without authorization in downloadable manner for monthly subscription fee. Only a nick name and a post office box is indicated on it. 1 st step - domain name registry? 2 nd step - IP address of the server? 3 rd step - mere conduit service provider? hosting service provider?

9 3. Claims 3.1. Non-pecuniary claims (6) 5) „termination of the injurious situation and the restoration on the part or at the cost of the infringer of the state of things as it existed prior to the infringement of right as well as the destruction or deprival of infringing character of infringing goods, or destruction of the device or material exclusively or primarily used for the infringement of right or making the device or material unsuitable therefor” recall, removal, seizure against third persons at the expense of the infringer

10 3. Claims 3.2. Pecuniary claims 6. recovery of profit on an objective basis 7. damages according to civil law liability

11 4. Procedural measures Code of Civil Procedure Act on Judicial Execution Procedure Copyright Act

12 4. Procedural measures Evidences (Article 6) Measures for preserving the evidence (Article 7) Interlocutory injunction against the alleged infringer [Article 9 (1) a.)], and injunction against the infringer and third parties – ordering the seizure or delivery up of the goods [Article 9 (1) b.)] Precautionary seizure of the movable and immovable property of the alleged infringer [Article 9 (2)]

13 Thank you for your attention.