The paper outlines some trends in the development of Hungarian civil law since the political changes. The role of certain social factors having an effect on civil law and trends in court practice are focused upon. In the law of torts the decline of the respect of the State seems to have an importance in recent chases. In the field of contract law problems connected with different kinds of risks are reflected. Both property law and contact law have been concerned in cases where principles of the protection of the owner and those of the protection of bona fide purchaser has been in contradiction. As a result of the growing importance of credit the role of secured transactions has increased.
In the past decades due to changed technical advances, features of the personality have become economically exploitable to an extent not previously known. Pop stars, TV celebrities as well as famous athletes have sought protection against the commercial use of their images, names and likenesses without their consent.1 Despite the economic value of personality and image rights, there is currently no international standard or agreed legal concept for recognising an image right. While many jurisdictions, for example, the US, Germany, France and Hungary offer express statutory protection against the unauthorised commercial use of an individual’s image by a third party in the context of publicity or personality rights, English law provides no cause of action for the infringement of image rights as such. Although a celebrity may currently obtain protection through various statutory and common law rights, such as the developing law of privacy, trade mark law breach of confidence and, in particular, the tort of passing off, none of these rights were designed to protect image or personality rights.2 In this context, this article explores the potentially enforceable rights, their benefits and practical strategies to protect name and image rights in the UK3 and Hungary.
, póttagjai póttagként legfeljebb egy alkalommal választhatóak újra a bizottság és testület munkájában való részvételre. Amennyiben a póttag státusza aktívvá válik, és ezzel „tört", azaz nem teljes, 3 éves ciklus keletkezik, egy alkalommal választható ismét
section 27(4) of the Trademark Act, as amended in 2005, provides enforcement against intermediaries whose services are used by a third party (that is usually the infringer itself) for the infringement. In the HYUNDAI case the registrars of the domain names, trusted by the resellers of cars having formerly been members of the HYUNDAI commercial chain in Hungary, were sued together with the resellers for the reason that they did not cancel the registration of the domain names after the commercial chain had been ceased. The Hungarian courts of first and second instance built their judgements on the ECJ’s BMW judgement (C-63/97). Emphasis is given also on a case relating to infringement by an operator of an Internet home page, as the latter was condemned by the Hungarian Court of first instance for not complying with the Act on Electronic Commerce. Nevertheless, the court of second instance condemned him not therefore but for the tort in respect of the provisions of the Civil Code, e.g. for injury of reputation. Finally, the article is closed by an outlook on ideas on the development of EC law relating to liability of intermediaries.
interests: The impact of the supreme court’s trilogy on expert testimony in toxic tort litigation. Law and Contemporary Problems 64. évf. 2/3, 289–326.
Beyea, Jan – Berger, Daniel (2001): Scientific misconceptions among “Daubert