Keresés

Keresési eredmények

• Beszámoló a Magyar Kriminológiai Társaság legutóbbi tudományos üléséről

  Tarr Ágnes

  Megtekintések száma:

  29

  Absztrakt nélkül.

• A rendkívüli munkavégzés díjazásának szabályai, különös tekintettel az Európai Bíróság és a Legfelsőbb Bíróság ítélkezési gyakorlatára

  Sztancs Edit

  Megtekintések száma:

  36

  Absztrakt nélkül.

• A jogi személy büntetőjogi felelőssége

  Kovács Zsuzsa Gyöngyvér

  Megtekintések száma:

  72

  Absztrakt nélkül.

• A szabadalmi jogi szerződés és hatásai a hazai jogban

  Petkó Mihály

  Megtekintések száma:

  27

  Significant changes have happened on the field of intellectual property law in the last few years. The emphasis placed on the material relations and economy became stronger. These changes caused that creations of the man came into the limelight. Of course the legal background became also very important.

  We can feel the re-regulation of this legal field. Legal institutions became regulated in new Acts to be adjusted modified circumstances. There were several causes of the necessity of these changes. First of all, the new economic and social environment after the change of the regime claimed to modify the legal materials. On the other hand the international environment changed rapidly and it is still in progress. So the Republic of Hungary had to face with the obligations that are stated in international treaties and we had to put a strong emphasis on our member status in the European Union: EU regulations and directives. By now we can tell that re-codifying this area is over, we can only expect to small modification in the near future.

  Modifications in most of the cases prepared for the future. But it does not mean that we can count on a very crystallized legal material. In the dynamically developing world of IP law it is not rare to use smaller modifications. We have to examine the legal practice too, that helps us finding the correct way in the fast changing economical and social relations. Performing the harmonization duty, legislator could not always take into consideration the national significances, legal practice. The lack of examining these circumstances can cause modifications in the legal material.

  The Patent Law Treaty adopted at Geneva on June 1st, 2000. The provisions of the Treaty and the Regulations shall apply to national and regional applications for patents for invention and for invention and for patents of addition, which are filed with or for the Office of a Contracting Party. The Patent Law Treaty became applicable on April 28th, 2005.

  Hungary joined the Treaty at the beginning, because of the need in 2008 to change the Hungarian patent law. The Treaty suggests the European Patent Convention, however in many ways it is the complementary. The Treaty gives types of applications permitted to be filed as international applications under the Patent Cooperation Treaty, divisional applications of the types of applications referred to in item.

  Earlier the rules of Hungarian patent law were complicated, the process of registry was less favorable for the patentee. The harmonization of process rules effects that the patentee cannot lose his patent rights. The new rules introduce an electronic process in patent law, which makes the process easier, cheaper, and faster. But not all the procedures became electronic: only the lodgment of petition. In the future that should be better to reach electronic procedure on every level.

  The harmonization of patent rules means liberalization, the notification will be easier and faster, which effected growth in the trust of business. Process rules need more harmonization in the future, and hopefully the final goal will be one global process at in all member states of the European Union. 

• Egyes formatervezési mintaoltalmi alapfogalmak a joggyakorlat alapján

  62-68

  Bezzegh Tibor

  Megtekintések száma:

  51

  The Committee of the European Union after the issue of the Directive 98/71/EC found that the integrity of the internal market needs an easily accessible uniform protection of designs that covers the whole territory of the Community. For this reason was issued the 6/2002 EC regulation on Community Designs. The most important definitions and the grounds for invalidity are absolutely identical in the directive and the regulation. May aim by this short essay is to interpret the main definitions of design law by analysing some published cases of the Office for Harmonisation in the Internal Market (OHIM). The case law has important role in the field of design law since the requirements of protection and the grounds of invalidity contain a number of unique terms can be construed only by practice. As a consequence of the harmonised design law the practice of the Office can exercise a strong guiding effect not only on the application of community design law but national level design laws in the procedure of the national offices and courts. . 25 (1) point b) is the most used ground for invalidity in practice when a conflict with Art. 4-9. occurs. Within this point lack of novelty, individual character and prior disclosure shall be mentioned first of all. In the relation of novelty and individual character it seems of the cases that lack of novelty always excludes any further examination of individual character since individuality can be considered a narrower definition of novelty. By analyzing the overall impression produced by a design to an informed user the Office always underline that the difference must be instantly and obviously recognizable. The impression shouldn’t be based on through examination of the informed user. The invalidity division stated that any prior design in important databases on internet shall be deemed to be known by the specialised circles and can result the disclosure according to the regulation. In connection with features dictated solely by its technical function the Office stated that designs contain only elements of merely technical purpose (in this case an engine block and engine parts) specific position of such elements and the general impression of the whole enough to provide legal protection for such features. There is no ground for invalidity pursuant to this reason if the same technical function can be achieved by different design.

           In my essay I focused on the most the above mentioned most relevant parts of some definitions. My future plan is to analyse the differences between the legal practice of different European countries concerning this issue.

• Irányelv a fogyasztók jogairól (a tisztességtelen kereskedelmi gyakorlatok vonatkozásában)

  47-58

  Tárczy Edit Zsuzsanna

  Megtekintések száma:

  33

  In the past years the European Union has been walking – with its directives, like the 2005/29/EC Directive on consumer rights and the 2008/48/EC Directive on credit agreements for consumers - on a new way, on which it doesn’t let the Member States to regulate (widely). So, minimum clauses are no longer used and the aim is the total harmonization.

  The perfect example for this procedure is the Directive on consumer rights, which was published in the end of 2011 in the Official Journal of the European Union.

  The aim of this paper is to introduce the new directive, but from the rules there will be only the demonstration of the rules which are in connection with the unfair commercial practices.

• Beszámoló Az új büntetőeljárási törvény első éve címmel megrendezett konferenciáról

  Szabó Krisztián

  Megtekintések száma:

  30

  Absztrakt nélkül.

• A munkáltatói jogutódlás szabályai a magyar munkajogban

  Hős Nikolett

  Megtekintések száma:

  20

  Absztrakt nélkül.

• Gondolatok a szerzői jogi törvény legújabb módosítása kapcsán

  Kiss Tibor

  Megtekintések száma:

  49

  The Act LXXVI of 1999 on Copyright was amended by the Act CVLV of 2005 with effect of 15 April 2006 in compliance with the provisions of the Directive of the European Parliament and of the Council on measures and procedures to ensure the enforcement of intellectual property rights (hereinafter: “Enforcement-Directive”). The Enforcement-Directive concerns the measures necessary to ensure the enforcement of intellectual property rights (copyrights, patent, trade marks, etc.). The Member States of the European Union had to provide for the proportionate measures and procedures needed to ensure the enforcement of intellectual property rights covered by the Enforcement-Directive. The amended and supplement provisions of the Hungarian Act on Copyright provide efficient shelter for the authors from the infringement of copyright law on the one hand and provide legal (procedural) guarantees for the potential infringers on the other hand.

  There are some new provisions which can be applied against the infringers not only by final judgment but also as provisional and precautionary measures. When a judicial decision has been taken finding an infringement of copyright or neighbouring right, the judicial authorities may serve the infringer with an injunction aimed at prohibiting the continuation of the infringement. The judicial authorities can serve the alleged infringer, or the intermediary whose services are being used by a third party to infringe a right, with an interlocutory injunction intended to prevent any impending infringement of copyright or neighbouring right, or to forbid the continuation of the alleged infringements of copyright or neighbouring right, or to make such continuation subject to the lodging of guarantees intended to ensure the compensation of right holder. The judicial authorities can be empowered to require the applicant to provide any reasonably available evidence to their satisfaction with a sufficient degree of certainty that the applicant is the right holder and that the applicant’s right is being infringed or, that such infringement is imminent. The judicial authorities may order the publication or seizure of bank, financial or commercial documents. The judicial authorities may order the recall, at the infringer’s expense in appropriate cases, of the goods which have been found to infringe copyright or neighbouring right and may order that the goods which have been found to infringe the right, as well as the materials and implements used primarily for the creation or the manufacture of the goods in question, be disposed of outside the channels of commerce, without any compensation being due.  It can be also ordered, that the decision be displayed and published in full or in part in the newspapers or in the internet designated by the right holder.

  The most efficient protection against the usurpation can be satisfied by the parallel regulation of the civil and criminal law. The next steps to be done by the European Union are the criminal law provisions. Besides the regulations, consistent jurisdiction is necessary, in which the courts should play an important role.

• A közösségi növényfajta-oltalom szabályozása

  Szabó Ágnes

  Megtekintések száma:

  31

  Absztrakt nélkül.

• Hamis tanúzás

  Elek Balázs

  Megtekintések száma:

  48

  A tanulmány a hamis tanúzást jogi, pszichológiai és szociológiai aspektusból vizsgálja. Kiemelt figyelmet szentel azon tényezők felkutatásának, melyek közrejátszanak a tárgyalóteremben a hamis tanú kiszűrésében, valamint vizsgálja azokat a motívumokat, melyek a hamis tanúzás elkövetésére vezetnek. Magyarország és az Amerikai Egyesült Államok joggyakorlatát és a jogirodalom vitáit elemzi. Bemutatásra kerül a híres Miranda ügy, annak hazai és amerikai konzekvenciái egyaránt.

• A közigazgatás és az igazságszolgáltatás elválasztásának egyes jogtörténeti dimenziói Louis Pahlow: Justiz und Verwaltung. Zur Theorie der Gewaltenteilung im 18. und 19. Jahrhundert, Keip Verlag, 1999

  1-4

  Árva Zsuzsa

  Megtekintések száma:

  25

  Absztrakt nélkül.

• Gondolatébresztő a PPP magyarországi alkalmazásához

  66-73

  Varga Judit

  Megtekintések száma:

  62

  Absztrakt nélkül.

• Helytállás és felelősség a fizetésképtelen gazdasági társaságok tartozásaiért a magyar társasági jogban

  70-94

  Tarkó Izabel Ágnes

  Megtekintések száma:

  93

  Absztrakt nélkül

• A fogantatás, és ami mögötte van – egyes speciális kérdések a büntetőjog szemszögéből

  38-58

  Belinszky Adrienn

  Megtekintések száma:

  87

  Absztrakt nélkül

• A Digitális Egységes Piaci Stratégia szerződési jogi hatásai a magyar polgári jogra

  108-120

  Árva Máté

  Megtekintések száma:

  111

  The necessity of framing contract law fulfilling the expectations of the digital era is among the main purposes of the Digital Single Market Strategy, that has been introduced by the European Committe in 2015. Within the Strategy two directive proposals have been presented: the directive of the European Parliament and of the Council on certain aspects concerning contracts for the supply of digital content and the directive of the European Parliament and of the Council on certain aspects concerning contracts for the online and other distance sales of goods. These include the concept of conformity with the contract, the meaning of which raises several questions to be answered regarding the Hungarian legal system.

  My treatise focuses on the investigation of the criteria of conformity with the contract with special regard to the definiton of the directive proposals. In the first place I outline the elements of conformity with the contract, then I attempt to create a comprehensive definition of it. Thereafter I analyse the rules of the Hungarian Civil Code that are connected to the category of the conformity. Furthermore, I investigate the necessity of the integration of the conformity with the contract into the the Hungarian civil law. Finally, I present a future legislative concept that could be regarded as a possible way of adaptation of this legal category.

• A kisajátítási kártalanítás

  Andorkó Imre

  Megtekintések száma:

  154

  The regulation of expropriation law is indicative of the sound of rule of law. It shows how the state treats vulnerable groups, and people adversely affected by expropriation. In this paper I will give a short overview of the rules concerning compensation for expropriation, from the inception of expropriation law, right up to 2014. I pay particular attention to the characteristics of the regulation in the socialist era between 1948, and the regime change in 1989/1990. I expand on how Hungary tried to free itself of the burdensome heritage of the socialist regulation of that law, after the regime change of 1989/1990. Then I review the current status of legal regulation concerning compensation for expropriation that gives me a great opportunity to and explain suggestions de lege ferenda.

• A terrorizmus elleni védekezés

  Kovács Krisztina

  Megtekintések száma:

  77

  In the last decades of our globalized world terrorism has become a phenomenon that implies a worldwide challenge and can hardly be prevented, and that is difficult to combat against with means of national and international law. The international terrorism in the sense as we use it nowdays has a history of only one and a half centuries, but since the appearance of concrete terrorist attacks is always changing (and of course the ideology and supplier of the different groups) there has not been any consensus yet among states or within particular international organizations how to define it. But it should be taken into consideration that attacks not only affect the state where they are executed but also the whole society and even the international order. That is why it would be essential to define it in international terms, because without an exact definition the proper defence against it can not be determined either.  

  It has to be emphasized that it does not exist a common strategy that could be adapted any time in any case. It can not be forgotten that the terrorism itself is also an answer, so its political, economical and social roots should be taken into consideration whilst choosing the best way to prevent it. The different means (primarily legal and classical ones) should be combined and used by states in strict cooperation, because these don’t substitute but complete each other. It is also important to underline that it is not enough to react upon terrorist actions and restore its harmful effects, but it is also essential to prevent it by eliminating its causes. Unfortunately, proactive strategies are not common enough - mainly because of its costs - in spite of the fact that in the long run it would be worth using them.

  It is important to act in conformity with international law, because this can legitimate the reaction after an attack. The main task for states is to elaborate an exact legal framework for it, because without global accords and without the acceptance of this policy within the nation an effective policy against terrorism cannot be realized. National criminal law should be aggravated, flow of information among intelligence services, cooperation among media and governments should be developed and it is also essential to inform the society properly and make it obvious that assistance at a terrorist attack is also to be punished. International measures should be taken in order to avoid financing of terrorist actions by preventing money-laundering. These means can be used even with certain restrictions on criminal law, but always respecting human rights either that of the victims or that of the delinquents. 

  To institutionalize international actions under the aegis of the United Nations numerous agreements were accepted, eg. Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons (1973), Convention against Taking of Hostages (1979), Convention for the Suppression of the Financing of Terrorism (1999) and  some conventions were signed on the Prevention Crimes committed in aircrafts, etc. The main problem is that these accords are not signed by all member states and hence their efficiency can be questioned. Of course not only the UN try to solve this problem with international conventions, so does the EU. Its activity has considerably increased since the attacks of Madrid, because this case made two things clear: even Europe is vulnerable and well-timed attacks can even lead to political changes.

  To be able to meet the challenges that terrorism mean nowdays there are two things to emphasize: first of all a worldwide cooperation would be essential and secondly the provision of financial sources for each state so that it were able to ensure national and promote global security.

• A közérdekű munka speciális jellegének főbb vonásai

  Mónusné Kiss Katalin

  Megtekintések száma:

  43

  In Hungary there are two types of punishments: principal punishments and supplementary punishments. I examined the labour in the public interest, which is one of the principal punishments. Judges use this punishment barely than imprisonment, fine. Difficult to use this punishment, because it needs many preliminary works. I examined the labour in the public interest’s ruling from the 1950.:II. Criminal Code of General Part to nowadays.
  

  In Hungary a person sentenced to labor in the public interest is obligated to perform the work defined for him in the court sentence. Only such work may be ordered as work in the public interest which the convict, in light of his health condition and education, is presumed to be capable of performing. There are many problems in rule of the labour in the public interest, for example one day of work in the public. As rule of the Criminal Code punishment shall be six hours of work, but other rule is, punishment shall be 4-8 hours of work for one day.
  

  Other interesting rule is, the imprisonment substituting labour in the public interest or the remaining part thereof shall be established in such a way that one day of labour in the public interest shall correspond to one day of imprisonment. In my opinion it would be better, if the imprisonment substituting labour in the public interest or the remaining part thereof shall be established in fine.
  

  On the other hand I suggested to use this punishment if a person younger than 18 years old. I think if a person is 16 years old, this punishment can be more effective than other punishments.
  

  I found many differences, and many similarities between Hungarian and international Criminal Codes, Propositions, and finally I wrote some important, new point to change the rules.

• A titkos információgyűjtés és a titkos adatszerzés alkalmazásának anyagi jogi feltételei a 2/2007 (I. 24.) Alkotmánybírósági határozat tükrében

  Dunai Marina

  Megtekintések száma:

  26

  Absztrakt nélkül.

• A jogelmélet és a szemantikai elméletek kapcsolata

  Ficsor Krisztina

  Megtekintések száma:

  20

  Absztrakt nélkül.

• Amerikai offshore világgazdaság

  Czakó Zsuzsaanna

  Megtekintések száma:

  61

  The problem I am looking into is a world-wide phenomenon called money-laundering. This topic is important because the money it involves is such a big amount that it endangers the operation of both national and world economics. It is called “second economics” and serves as the third largest business branch in the world after currency exchange and oil. Money laundering has not been put into the centre because of that fact that it has been discovered in the past ten years, but because it became so widespread and hazardous that fighting against it is now highly required. It is evident that money laundering is a world-wide problem. It is also highly probable that the popularity of this crime will not decrease in the next years. One can ask why it is a world- wide problem. As music does not know any limits, neither does money laundering. That is, the base crime and the laundering can be committed anywhere in the world. My study is intended to take a closer look on the offshore bank system, to examine the American laws involved, to present the views and political ideas of those laws and scrutinize the role of offshore accounts in the development of the global financial crisis. I chose to present the characteristics of the offshore bank system because I found it important to analyze money laundering extensively through the bank system in a state where the term “money laundering” was first printed and published in 1973. It first appeared in an article about the Watergate-scandal. The first court to use the term in criminal law was an American court in 1967 and it was also in this state that money laundering became an independent crime, in 1986. The notion of organized crime also appeared here in the 1920’s. Regulations against money laundering arrived to Europe from the United States of America, which means that it illustrates the Americanization of European criminal law. Money laundering is a serious problem – a business and financial apocalypse -  that now deserves a Draconian arrangement. Should this arrangement not happen, the prospective for the future is frightening. The United Stated should act as a model in the spring-cleaning of the global financial system and the financial sector should take the role of an initiator. We would like other societies to be the models and to start fighting against things they have initiated. One thing is for sure, the American legislative is desperate because they believe that there is a lot at stake: the American capitalism.

• Marcus Tullius Cicero: Válogatott védőbeszédek II. Fordította, jegyzetekkel ellátta és a bevezetést írta Nótári Tamás. Szeged, Lectum Kiadó, 2009. 224 oldal

  21-23

  Gulyás Ábel

  Megtekintések száma:

  54

  Absztrakt nélkül.

• A drónrepüléssel összefüggő magánjogi igények

  Zsurzsa Zsolt

  Megtekintések száma:

  158

  The technology of unmanned aerial vehicles (UAVs), which are most commonly known as ‘drones’, is one of the most rapidly developing field of modern science. That is largely owing to the fact that drones are used in more and more fields of economy, from architecture and media to agriculture and logistics, etc. According to predictions of the European Union, the drone industry may have an income of € 10 billion annually, by 2035, and could create about 100,000 workplaces as well.[2] In addition, the number of hobby drone users is also increasing quickly, with millions of registered drone users in the United States of America alone.[3]

  The nature of drones, namely the fact that these devices can soar up to 30 or more metres in the air and carry out different kind of operations (including taking photographs) by an operator on the ground may cause a lot of conflicts between drone operators and people not taking part in the operation. However, these conflicts, are unlikely to be solved without legal interference, which makes it necessary for both lawmakers and organizations applying the law to prepare for these situations in order to be able to give proper answers to the problem.

  In my research, I have indicated the development of drones in a historical context and also specified the classification of drones, which allowed me to outline those types that are relevant to the subject matter. I also presented the legal background of drone flight in force, on the level of the EU legislation and also gave an insight to the previous, Hungarian legislation. Then, I started to identify those legal claims that can be especially relevant on the terrain of civil law, and concluded three main claims can be named: liability for damages, infringement on personal rights (right to one’s image and, in particular) and the civil tort of trespass to land.

  I analysed all of these claims separately and in connection with each other, and found interesting problems that could have huge relevance in a legal dispute before a court. I intended to support my findings and arguments with opinions from legal scientists, court decisions from Hungary and abroad, and legislative solutions from abroad. At the end of my writing, I concluded that the described problems, and the solution that is given to them, are indeed crucial, because they will most definitely affect the way people can use drones, and neither too strict, nor too loose rules are appropriate to decide upon the subject.

• A fogyasztói adásvétel egyes kérdéseinek szabályozása és joggyakorlata Romániában

  85-117.

  Székely János

  Megtekintések száma:

  101

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