Assessment report on the impacts of the proposal for a Directive on the patentability of computer-implemented inventions
Ficsor Mihály, Hajdú Tamásné, Kiss Marietta, Penyigey Krisztina
In May 2004 Hungary has voted in favour of the proposal of the European Parliament and of the Council on the patentability of computer-implemented inventions in the Competitiveness Council of the EU. Nevertheless, the Government of the Republic of Hungary has decided to prepare an assessment report on the impacts of the said proposal. This article gives a detailed overview of the findings of the examination carried out to complete the said task. The assessment report builds on statistical data on the Hungarian ICT market, as well as on patent activities in the field concerned. The report also makes use of reports and analyses of national and international organizations, e.g. the Hungarian Chamber of Commerce, the Association of Hungarian Inventors, Commission of the EU, EICTA, UNICE, etc.
Price of author's works - remuneration in individual licensing agreements - part I
The study gives a comprehensive-comparative analysis of contractual copyright law in Germany and Hungary. The first part of the writing deals with questions of the international environment of the national systems of copyright law. It examines the relevant international treaties as well as EC-rules and reviews the constitutional aspects of the subject.
The second part of the study is based on the analysis of the specific national rules of copyright. It reviews the advantages and drawbacks of the Hungarian contractual copyright law in comparison with the German rules, par- ticularly focusing on the institution of fair compensation, buy-out treaties, Linux- and bestseller-clause.
Procedure up to grant in the European patent procedure
Dr. Palágyi Tivadar
This article contains comments on Articles 90 to 98 of the European Patent Convention. Accordingly, it gives an overview on examination after filing of a European patent application and as to the formal requirements, on drawing up of the European search report and on the publication of a European patent application. It treats the request for examination, the extension of the period within which request for examination may be filed, and the meritorious examination of the European patent application. Finally it gives information on the refusal or grant of a European patent application and on publication of the specification of a European patent.
Recent judgements of the European Court of Justice on three-dimensional marks
Dr. Vida Sándor
In its earlier judgements, namely Philips/Remington and Linde, Winward, Rado cases (discussed in Nr. 1/2004 of this Gazette) the ECJ laid down principles how to apply Art. 3(1)(e) of this Directive.
Discussed are three further judgements: in C-218/01 (bottle for liquid wool detergent) the ECJ confirmed that the packaging constitutes the shape of goods which could be protected too if the national court finds that the criteria are given. In its judgements C-456/01-C-457/01 (rectangular tablet for washing machine or dishwasher) and tablets with rounded corners, dip etc., (C-73/01-C-474/01 for identic goods) rendered relating to community trademark applications the ECJ stressed the necessity of distinctiveness, repeating that purpose of Art. 7(1)(b) of the CTM Regulation is that the mark must serve to identify the product as originating from a particular undertaking. Though it observed, that it could prove more difficult to establish distinctiveness in relation to a three-dimensional mark that in relation to word or figurative marks.
Amendment of applications in the field of food industry as reflected in European legal cases
Szepesné Sámson Ildikó
The study summarizes the different cases of amendments based on two decisions of the Technical Board of Appeal of the European Patent Office. Their common features are that it has important roll whether the application as originally filed discloses the invention in respect of the amendment in a manner sufficiently clear and complete, and whether the amendment can be derived based on the common general knowledge of the person skilled in the art from the original disclosure in an unambiguous way.
Assessment of inventive activity based on case law studies related to European patent applications in the field of synergetic plant protection compositions
The study briefly summarizes the legal background of inventive activity as well as the essential points of the "problem and solution approach" worked out and applied by the European Patent Office (EPO) for the objective assessment of inventive activity. Based on four decisions of technical boards of appeals in the field of synergetic plant protection compositions, the article gives an insight into the practice followed by the EPO to form a judgement on the question whether the invention involves an inventive step. The study summarizes the general conclusions that can be drawn by the analysis of the four case low studies.