Iparjogvédelmi és Szerzői Jogi Szemle, 2005 (110. évfolyam, 1-6. szám)
2005 / 1. szám - Summaries
Summaries A survey of successful Hungarian inventions Péter Reményi The aim of the survey is to shed light on how to make an invention successful in Hungary today. It is also intended to find out what phenomena impede this procedure. The author picked “likely to be successful” patents on the basis of objective criteria and interviewed their inventors. However the success of these inventions was strongly impeded by factors that only government could alleviate. The article finishes off with suggestions from both the author and the inventors who were interviewed. Price of author’s works - remuneration in individual licensing agreements — part II Anikó Gyenge The study gives a comprehensive-comparative analysis of contractual copyright law in Germany and Hungary. The first part of the writing dealt with questions of the international environment of the national systems of copyright law. It examined the relevant international treaties as well as EC-rules and reviewed the constitutional aspects of the subject. This second part of the study is based on the analysis of the specific national rules of copyright. It reviews the advantages and drawbacks of the Hungarian contractual copyright law in comparison with the German rules, particularly focusing on the institution of fair compensation, buy-out treaties, Linux- and bestseller-clause. Information to the public and representation in the European patent procedure Dr. Tivadar Palágyi This article contains comments on Articles 127 to 134 of the European Patent Convention. Accordingly, it gives an overview on the register of European patents, on the inspection of files relating the European patent applications, on periodical publications of the European Patent Office, and on the exchange of publications between the European Patent Office and the central industrial property offices of the Contracting States. Thereafter it treats the general principles of representation as well as the professional representation of natural or legal persons in proceedings before the European Patent Office. Protection of colours by the ECJ Dr. Sándor Vida Colours could be protected in Hungary already under the former Trademark Act of 1969. Thus rule was maintained by the present Act of 1997 too. After the accession to the EU, the practice of the ECJ, interpreting the Directive, ought to be respected. In the Libertel case (C-104/01) it was hold, that the application should have discemibel parameters, moreover in the frames of the examination regard must be had to the general interests and the capability of the colour identifying as origine from a particular undertaking. This opinion was quasi repeated in the Heidelberger Bauchemie case (C-49/02). It seems that Hungarian practice corresponds to such legal requirements, as demonstrated with the „magenta” case. The creation of the patent system in the United States and its earliest operation - part I László Végh The initial part of the study expansively enumerates the relevant facts relating to the birth of the patent system in the United States and examines the first decade of its function. The United States Constitution, on which U.S. Patent Law depends, was drafted at the height of the industrial revolution at a time when the impact of patents was first being seriously felt in England. The first Patent Act, passed by Congress on April 10,1790, was America’s first step in creating a patent system. After a period of some precedents while colonial (1641-1776) then independent states have granted occasionally patents (1776—1789), the federal patent system began its existence. The success of the American patent system in the nineteenth century is incontestable. It seemed to be worth of examining thoroughly this fundamental element of the American Dream, from the context of the Jeffersonian model of “self made man society” to the unforeseeable industrial development which it was followed by.
