Iparjogvédelmi és Szerzői Jogi Szemle, 2005 (110. évfolyam, 1-6. szám)
2005 / 3. szám - Summaries
Summaries The resale right in international and European context - Part I. Kulcsár Eszter The article deals with a current copyright issue in international and comparative approach. The first part of the study provides a short overview on the historical and dogmatic background of the resale right. The author analyses the main characteristics of the international regulation of droit de suite and presents its “weak point” by a German case anticipating the need for the European harmonization in this field. Finally, she surveys the official positions or legislative concepts concerning the resale royalties of some countries outside of the European Economic Area, which have significant role on the international art market. In the second part of the study, after a historical introduction the author examines in details the provisions of the Resale Right Directive (2001/84/EC) and explores the existing drafts implementing the rules of the Directive including the proposal amending the Hungarian Copyright Act accordingly. Legal protection of software under copyright law - Part II Dudás Agnes The study provides an overview of the copyright aspects of the world of software. In the first part we are introduced to the historical background of the regulation and to certain - often wrongly defined — types of software and to basic questions of copyright: the personal and economical rights. In the second part of the study special cases are examined (e.g. software created in employment) and the present licensing practices are introduced on the basis of GPL and of the license of a well-known commercial software. Trademark dilution in the European Union and the United States of America Mészáros Katalin This article analyses the rules concerning the trademark dilution in the EU, par.5(2) of the EU Directive, and in the USA, the FTDA, with reciting of some court decisions and review of some relevant articles, interpretations together with the author’s opinions. International application at the European Patent Office pursuant to the Patent Cooperation Treaty Dr. Tivadar Palágyi This contribution contains comments on Articles 150 to 158 of the European Patent Convention. Accordingly, it gives an overview on the application of the Patent Cooperation Treaty and the filing and transmittal of the international application. It treats the European Patent Office as a receiving office, as a designated office, as an International Searching Authority, as an International Preliminary Examining Authority and as an elected office. Finally it gives information on the use of the international search report in the place of the European Search Report in the European patent granting procedure as well as on the publication of the international application and its supply to the European Patent Office. Disclosure of the invention in the field of packaging technology related to European legal cases Dobreffné Tömösy Erika The study briefly summarizes the legal background of disclosure of the invention and the essential points of the sufficient disclosure. Based on four decisions of Technical Boards of Appeals of European Patent Office (EPO) in the field of packaging technology, the article gives an insight into the practice followed by the EPO to form a judgement on the question whether the invention is sufficiently disclosed. The study summarizes a general conclusion that the controversial part of invention has to be approached by problem solving from the aspect of a person skilled in the art. Prominent scientists in the history of watchmaking Szilágyi József Several great personalities of the history of science and techniques have made their impact on clockmaking. The first main cause of the coaction was that certain steps in the development of clock mechanisms were only possible by the newest achievements in science. Otherwise, the scientist were sometimes forced to use their own made particular time measuring devices, because there existed no suitably accurate clocks for their experiments at the time. The most important interference between physics and time measurement might have been Galileo’s and Huygens’ research and experiments with the pendulum.
