Iparjogvédelmi és Szerzői Jogi Szemle, 2004 (109. évfolyam, 1-6. szám)
2004 / 1. szám - Summaries
Summaries Main issues of the amendment to Act LXXVI of 1999 on Copyright Dr. Zoltán Kiss On November 25, 2003 the Hungarian Parliament adopted the Act No. CII of2003 on the Amendment to Certain Laws on the Protection of Intellectual Property and Copyright, in compliance with the Law Harmonization Programme. The amendments to the Copyright Act - which is the third one since 1999, their come into force - constitute a part of the 2003 amending act. The first two amendments resulted in less substantial changes, now the primary aim was to bring our copyright legislation fully in line with the Directive 2001/29/EC of the European Parliament and of the Council on the harmonization of certain aspects of copyright and related rights in the information society, the so called INFOSOC Directive. The actual changes brought about by the legal harmonization are discussed in the study. Topical issues of the Nice Classification Dr. Endre Millisits This study summarizes the development of the International Classification of Goods and Services for the Purposes of the Registration of Marks from its 7th to the 8th edition and the important changes of the classification effective from the 8th edition are delt in particulars. The question of transformation of the lists of goods of registered trademarks or marks applied for earlier and pending by January 1, 2002 according to the requirements of the new edition, is presented on an international scale. In particular, the Hungarian Patent Office accepts claims for transformation of the lists of goods of all registered trademarks. Finally, this article outlines some trends towards the 9th edition of the International Classification which is foreseen to enter into force by January 1, 2007 only. Changes in the PCT system and their effect on the legal practice of the European Patent Office Dr. Tivadar Pal agyi This article gives an overview of the changes in the PCT procedure, taking into account amendments to the PCT regulations which entered into force on January 1,2003 and January 1,2004. In particular, the author gives information on the proposals concerning the simplification of the PCT procedure and the transformation of the PCT system, which were submitted by the USA and which form the basis of the changes. The BEST system of the European Patent Office and the enhanced international search and preliminary examination (EISPE) system of the PCT, further the changes of the PCT fee system, the amended Request and Demand Forms and the new PCT-SAFE software are described in detail. Protection of three-dimensional trademarks under European and German law Dr. Sándor Vida The possibility of the protection of three-dimensional marks in the European Union — thus also in Germany - was provided by the EC Directive on Trademarks, where in Article 3 the strict conditions setting the limits to protection are laid down. Here those cases are listed which are excluded from the protection. After the adoption of this provision, a liberal legal practice emerged in most countries, primarily in the registration procedure. Later, owing to an infringement case attracting much attention, the scope of protection was considered controversial, and both the British and the German court referred to the European Court of Justice for interpretation of the Directive. In the paper these cases and the legal opinions are outlined. The fate of an invention of a Hungarian writer narrated in a novel or the history of a bicycle brake Ildikó Longa Jenő J. Tersánszky is one of the most peculiar characters of 20th century Hungarian literature - an unconventional writer mocking the members of the ’’part of society washing regularly”, a charming personality enjoying life, and still a hard-working author creating a vast oeuvre. He was also a great do-it-yourselfer, had several inventions, among others a bicycle brake which he wanted to share with the public some way or other. In his novel ’The history of a bicycle brake” the process of the invention, the difficulties of patenting, sale and marketing are described in a special, amusing style. The paper offers a brief survey of the novel, the invention, the personality of the writer and his age.
