Keresés
Keresési eredmények
-
Changes to the copyright collective management, orphan works
79-88Megtekintések száma:72Without abstract
-
A biotechnikai találmányok hazai és nemzetközi jogi szabályozásának sajátosságai
Megtekintések száma:45In my study I say about that change, which became at the area of biotechnology. The revolution of DNS technology contain a lot of chance, but it has more danger. We need select from the modes.
My column I checked what happens with the species the biotechnology invention flag. The first observation that the changes faster than other territories, and these changes are complex and interrelated. The post control and correction are also important. It’s got to be introducing the health nutrition compliance. The new products will not harmful for the human and animal health. The legal condition shall prescribe the human defense of human and animal body. One of the most important international convention in that question the European Union Council about the biomedicine. It said need consent of the persons concerned for the biotechnological research. Create new human species, and cloning of human beings, human body use for commercial is prohibited by this convention.
In my opinion that need promoting the knowledge and biotechnical awareness of consumers. Must be regulated the relations between public order and public morality and biotechnical inventions. It is also necessary to ensure the patentability of biological matter. „Biological material” means any material containing genetic information and capable of reproducing itself or being reproduced in a biological system. Inventions which concern plants or animals shall be patentable if the technical feasibility of the invention is not confined to a particular plant or animal variety. The discussion on the patentability of sequences or partial sequences of genes is controversial. The 98/44/EK Directive, the granting of a patent for inventions which concern such sequences or partial sequences should be subject to the same criteria of patentability as in all other areas of technology: novelty, inventive step and industrial application. Whereas the industrial application of a sequence or partial sequence must be disclosed in the patent application as filed.
The biotechnical patent need particular importance in the legislation. The Hungarian rules are conforms to the European Union legislation. However, certain additional rules should be laid down. Have to think about the control test in the patent process. The expert can see the applicability just on the test.
-
Néhány gondolat a szoftverek szabadalmazhatóságáról
Megtekintések száma:34I’m presenting in my study the Hungarian software’s legal system. The Hungarian law system is protecting the software in the copyright law, like a literary property. This resolution given more latitude for the author, but it has many problems of the evidence, because not registred the property – like the patent – cause the author’s being can prove difficultly.
In the patent law has not problem with the evidence thanks for the state register, but the legal process longer and costly more money. Primarily the Hungarian patent law is protecting the industrial, technical property. The software not an exclusively industrial, technical produce, there is closer the literary property about the author’s intellectual work.
The protection of the Hungarian copyright is cheaper and faster than the protection in the area of patent law, and it covers more contract liberty for the partners. The Hungarian civil law is based upon the monist conception in the field of intellectual property. This means that pecuniary and personality rights are indivisible. In spite of this competition on the market prefers contracts that ensure exclusive, unambiguous rights. This area of law claims contracts suit to these conditions.
The personal rights in the Hungarian copyright are remaining for the author, also the pecuniary rights. But - thanks for the successful software’s lobby - in this question the regulation diverged: the pecuniary rights may be transferring for the users, costumers. This regulation is better (cheaper, an easier) for the buyers under the Hungarian regulations of patent law.
In Hungary a lot of software contract was established under the British legal system. The Hungarian legal culture accepted and using these contract forms. The Hungarian regulation concerning to the software questions is dualist like the British one. The pecuniary rights can be transferred free, just the personality rights belong to the author.
The users can buy the rights need for using and it gives enough defense as a shield. The author’s interests are not sweating because of the personality rights stay under his domain.
In my opinion the question is whether the Hungarian legal defense equally serves the author’s and the users’ interests. The process in patent law is longer, needs more money for supporting the protection and there are some conceptual problems between the software and the patent ideas. The new regulation is not reasonable.
-
A szabadalmi jogi szerződés és hatásai a hazai jogban
Megtekintések száma:27Significant 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.
-
A beteg kapcsolattartási jogáról
Megtekintések száma:89Man is a social animal, it is important for colleagues to meet, create a relationship with them, to communicate, ideas, exchanging information. Human relationships are determined by the identity of a specific person, place in society, so it should be a fundamental right for all people in contact with the law. However, in certain life situations exercising these rights is necessarily limited, undermined, need frameworks. One of those situations in life with participation in health care in which the patient has to adapt in health care provider operating schedule, however, the Trustee is required to ensure the exercise of the right contacts.
The most prominent of patients' rights to human dignity, which is inferred from a mother right, from which a number of other important rights. One of these is the right to self-determination, which guarantees freedom of action of the human as an individual incapacity depending autonomous. For patient care recipients should be subject to the fundamental distinction that whether it is inpatient or outpatient care. In the latter case, it also suffers from significant limitations on the patient's right to self-determination , including personal freedom, opportunities for contact with other people. The right to self-determination in a specific part of the realization of rights is thus involved in the regulation of the contact, as during inpatient care plays an important role.
In today's modern society, the means of communication, networks of past explosive development, get more involved in the exercise of the right to life, human relations than before, with the elimination of the technical obstacles the spatial and temporal obstacles easily can be prevented. Life situation of the theme chosen exercise of the right of communication is of particular importance, because the patient's recovery depends not only on only physical but also mental condition, recovery can define what social relations, quality, intensity. The correspondence law of the health care law more the privileges include such other persons entitled to take the patient's inpatient sanitation place either in writing or orally to maintain contact, to receive visitors, the people he set out to exclude the visit , prohibit the fact of his treatment or the other information related to medical treatment reveals other.
The context of the law of correspondence can be said that relatively little addressed by legislators and by expanding the scope of the practice of law in the content, but would consider appropriate where more attention is added. It would be good detailed arrangements for the exercise of creating the right framework for the so - to clarify the scope of everyday objects, to establish rules for their use of health services that are appropriate for the task to allow the exercise of these rights - the first line telecommunications.
-
Betegjogok gyakorlása
35-44Megtekintések száma:91Getting medical care is normally not a voluntary decision of people. It is a necessity for people in sick conditions. Most people also have concerns regarding their personality rights as patients. The essay analyzes how patient rights are treated and exercised in Hungary from a mainly practical point of view.
-
A monista felfogás érvényesülése a szerzői jogi törvényben
Megtekintések száma:42Examining the history of copyright law, we can distinct two significant theories. The distinction is based upon the position of entitled parties. Two separated fields can be found among the rights of the author: personal and financial rights. It is no doubt that personal rights are inseparable from the author itself, these rights cannot become objects of commercial businesses. If we look at these rights a little bit closer, we can realize that personal rights of the author do not play significant role in earning money from an intellectual product. These rights ensure the integrity and originality of works. Separating the two theories we have to focus on financial rights. Trying to describe these rights we can see that no exact definition can be given to them because of the permanent development of printing and publishing technology. Due to the monist theory it can be said that financial rights are close to personal ones, they are inseparable from personality of the author. Transcribing this opinion to the language of law it means that the decent regulation should prohibit the transfer of these rights among living persons. In the Anglo-Saxon legal system experts think that financial rights have to take part in commercial trade if we want to acknowledge the achievement of authors.
In Hungary copyright law is on the point of the monist theory. The Act refers that financial rights of the author cannot be transferred and the author has no right to abandon them. If we get a closer look at the structure of the valid Act, we can say that monist theory is not consistent. It is possible to inherit financial rights. We need this rule if we would like to harmonize the system to the time of protection. The other relevant fact of crossing the prohibition is in connection with works created under labour frames. In this case the employer gets financial rights ex lege. To find the reason of this regulation we have to examine the nature and aim of labour relations. The employer gives payment to his employee, the author to establish and create works. In this situation it is natural that the author looses his financial rights. The problem is that in Hungary differences can be found between civil and labour law. If we try to give meaning to labour relations, misunderstandings and different point of views can reveal. The other problematic factor is that the Act does not bother with the question of succession.
In my study I present the pros and cons of both theories and gather those significant practical and theoretical fields of copyright law that can be limits of monist theory. I examine special rules for special works, rules of civil and labour law in connection with authors and give a short historical overview to see what can be the main directions of future developments.