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• Regulatory issues of intellectual property rights

  27-33.

  György Csécsy

  Views:

  144

  The study finds that the regulation of intellectual property is dominated by civil law rules. The old Civil Code expressed the correlation with the law of intellectual property and regulated the legal protection of know-how, however, the legal material could be found in the separate legal acts organically related to it. The new Civil Code, Act V of 2013 is no longer entitled as intellectual property rights but “copyright and industrial property rights”, and know-how has been protected as a form of trade secret. The homogeneous nature of copyright is broken by Act XCIII of 2016, which provides for collective rights management. In the field of industrial property protection, the most problematic legal institution was know-how. The LIV Act of 2018, which was born after the rules of the new Civil Code, opens a new chapter in the regulation of know-how. In this connection, the law transposes Directive 2016/943/EU into the Hungarian law. The legislator therefore chose the solution that it has incorporated the new conceptual approach, legal institutions, and rules of procedure for the protection of business secrets into national law not by creating them in the Civil Code but by creating new legislation. In this way, the private secrets of natural and legal persons will continue to enjoy the protection of personal rights, while trade secrets and know-how will enjoy protection based on the logic and sanction system of intellectual property protection.

• The heterogeneity of industrial property protection

  12-18

  György Csécsy

  Views:

  92

  Industrial property protection, in addition to copyright, is a specific group of protection instruments and forms of protection under intellectual property law. The area of industrial property protection covers a very wide range. On the one hand the copyright law is homogeneous and on the other hand the industrial law is heterogeneous. This statement is based on the fact that copyright is governed by a single law, copyright law and industrial law is governed by several laws. It is a feature of the technical nature of industrial property protection that these are intellectual creations and as such are under legal protection, which is implemented by the application of different legal institutions depending on the nature and level of creativity. It is noticeable that technical progress has accelerated considerably today and this process must be followed by industrial property law.