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Victory : Desire's intellectual property contract was find invalid by Hunagrian court

 

 

 

 

 

 

 

The competent first instant court called: “Budapest Környéki Törvényszék”  (Court for the region around Budapest) has concluded a decision on September 28, 2023 in a lawsuit initiated by Desiré as claimant against Mandelay Kft. as defendant for the payment of a substantial amount based on the alleged non-accomplishment of several conditions defined in the agreement named “QX Ltd. intellectual Property License Contact” concluded on March 31, 2017.

The court has rejected all claims of Desiré  the claimant and established the invalidity of the agreement in its entirety i.e., the contract was null and void from the beginning. This decision was based on its contradictory nature, unclear definitions and on the lack of substantiation of any reasonable basis that the mentioned IP rights exist and belong to the claimant. The decision has analyzed in detail these listed grounds. While the language of the proceeding was in Hungarian, it was also established that the confusing language and statements were not the consequence of a wrong translation, but the same deficiencies were present also in the original English version.

In the proceeding the defendant alleged that on their side no one has signed the agreement, but the judge rejected the examination of this request as this issue was raised late but its outcome was not required for making the decision as the listed deficiencies were present in the contract.

The present information has the significance that in several pending lawsuits and legal processes (mostly before the (EUIPO) this QXIPLC agreement was cited as relevant document proving the rights. Furthermore, the same contradictions and obscure nature can be said about the agreement concluded between the same parties 5 years earlier (QX Universe Agreement to Cooperate), but its validity was not subject to the reported lawsuit.

Budapest, October 2023

Mandelay Kft.