Iparjogvédelmi és Szerzői Jogi Szemle, 2005 (110. évfolyam, 1-6. szám)
2005 / 5. szám - Summaries
Summaries Traditional knowledge and its protection - proclamation of biopiracy Dr. Mariann Szulmann-Binet One of the most important challenges of our age is to strengthen and nourish the roots of traditional knowledge in order that the future generation would be able to take advantage of its usage in such a manner that meets the interests and values of traditional communities. The task is not only the protection of traditional knowledge that arose in the past but also it is equally important to find the ways for the acknowledgement and preservation of the novel results too. The most important general features of traditional knowledge, its role in the conservation of biodiversity are summarized in the first part of the study. The second part focuses on the connection of traditional knowledge and intellectual property protection. It investigates whether the results that arise from the use of traditional knowledge can be protected in the frame of the present forms and rules of intellectual property protection or it is necessary to develop novel alternative (sui generis) forms of protection to ensure both the economic and moral acknowledgement of traditional communities. Royalties: sweet music to the ears of authors or can an editor be an author as well? Krisztina Part Does copyright subsist in modern performing editions of the out-of-copyright music of Michel-Richard de Lalande, a baroque court composer? On 2 July 2004 Patten J held that sound recordings of music on a compact disc made and sold by Hyperion Records Ltd, a record company specialized in recordings of neglected works, infringed the copyright in 3 performing editions originated by dr Lionel Sawkins, a musicological scholar of high repute and a world authority on Lalande. The Court of Appeal held that the editions satisfied the statutory definition of „original musical works” and dismissed the appeal of Hyperion. This case is quite interesting because copyright disputes about works of this character and quality are infrequent. They rarely reach trial and hardly ever come before the appellate courts. History of Pfizer’s Australian and European patents concerning Viagra Dr. Tivadar Palágyi After mentioning the revocation of Pfizer’s Viagra patent in China and the United Kingdom, the article sets forth the history of the Viagra patent in Australia and at the European Patent Office. Both the Australian and the European patents claimed a method for the treatment of erectile dysfunction by using compounds of general formula (I), including sildenafil citrate as most favourable compound, on the one hand, and a more general class of compounds identified as inhibitors of certain enzymes, on the other hand. In Australia claim 10 relating to the use of enzyme inhibitors has been revoked by the Court. In the European Patent Office the Technical Board of Appeal has revoked the whole patent. The interpretation of industrial applicability in the claims relating to therapeutical inventions Dr. Katalin Mikló The article deals with the difficulties in judging the industrial applicability in the fields of veterinary or human therapy and cosmetics. The decisions of the EPO Boards of Appeal show that sometimes it is impossible to draw borderline between therapeutical and non-therapeutical treatments. During the last years the Board had to redefine the terms „therapy” and „surgery” and it also gave an interpretation for the industrial applicability of the contraceptive methods which belong rather to the needs used privately than to any field of the industry. The article represents and gives full details on several decisions of the Board relating to this topic. Acquiring Distinctiveness by Use - ECJ’s have a break Judgment Dr. Sándor Vida Detailed case history, report on the Opinion of the General Attorney, than on ECJ’s judgment. [C-353/03]. Similar problems dealt in the referred case were met in some
