Hungary Amends Pharmaceutical Law to Combat Counterfeit Medicine

On January 1, 2015, a significant addition to the Hungarian Act 95 of 2005 on Medicinal Products for Human Use entered into force — paragraph 20/A called “Temporary inaccessibility of electronic data”.

The amendment allows the National Institute for Quality and Organizational Development in Healthcare and Medicines to combat counterfeit drugs sold online faster and more effectively. Namely, the Institute can order the removal of online content on fake or prohibited medicines and require the website owner to comply with the order for up to 90 days. The website owner has to remove the content within one working day or pay a fine ranging from EUR 315 — 3,150 (USD 357-3,570). If the website owner fails to comply, the court may order that the fine be paid several times.

The authorities may report intellectual property infringement at the same time, and if the court decides to make the electronic data permanently inaccessible, this decision would override the one on temporary inaccessibility.

If the website owner does not challenge the Institute’s decision on temporary inaccessibility, the names of infringing websites may be displayed on the Institute’s website for up to 90 days.

Prepared by: Csilla Balogh

For more information, please contact hungary@petosevic.com.

Source: National Board Against Counterfeiting