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.
Authors:Hyunseok Park, Janghyeok Yoon, and Kwangsoo Kim
Companies should investigate possible patent infringement and cope with possible risks because patent litigation may have a tremendous financial impact. Kodak and Polaroid's litigation case can be an example. Kodak
The rapid expansion of the Internet has greatly expanded the context in which copyright infringement can occur. ISPs largely remain the gateway through which end users access the vast flow of digital content traveling throughout cyberspace. Unfortunately, ISPs are at the receiving end of many disputes involving IPR violations. The difficulty in pinpointing the real culprit has resulted in a situation where the ISP is often taken to the court.The paper examines such situations where the ISPs have been involved into litigations for third party copyright infringement across the globe. An attempt has been made to highlight the problems in such litigations and how it has affected the industry. An analysis has been made of all the laws passed by the legislations of various countries which has created a limit in the liability of ISPs in various countries if the ISP follows certain guidelines. Special emphasis has been given to the decisions of the courts of these countries after the creation of such limitations and an analysis has been done of whether such exceptions have infact served the purpose or not. Finally the paper is concluded with the basic purpose and theme of the paper which is to create an international standard guideline and in doing so the point that the individual countries legislations wont have an effective control over the problem has been highlighted and this is the reason why an international body like WIPO and WTO has to enter to control the situation.
Authors:Hsin-Ning Su, Carey Ming-Li Chen, and Pei-Chun Lee
from infringement. The innovation originated from such a legal document generates values from different perspectives. Patent is a legal document so the legal value is the most fundamental one, also patent protects the scope of technological invention
In this article I am discussing some polemical passages in Tantric Buddhist works belonging to the 10th-13th centuries concerning the infringement of vows of celibacy when monks took initiation containing sexual elements. The passages follow the standard exegetical format of first presenting argumentation (
) followed by scriptural citations (
) purportedly supporting the position of the author. Whereas the argumentation part has been discussed in previous works by others, here I wish to draw attention to the scriptural matter used in justification. In our case nearly always the same quotation is used in a distorted manner. This is a sign that those in favour of justifying transgression of monastic rules were struggling to find appropriate substantiation. From this one could infer that the rites demanding such infringements in the case of a monastic person were most likely developments outside that community, and hence the origins of such innovations should be sought after among lay tantrics.
The measurement of textual patent similarities is crucial for important tasks in patent management, be it prior art analysis,
infringement analysis, or patent mapping. In this paper the common theory of similarity measurement is applied to the field
of patents, using solitary concepts as basic textual elements of patents. After unfolding the term ‘similarity’ in a content
and formal oriented level and presenting a basic model of understanding, a segmented approach to the measurement of underlying
variables, similarity coefficients, and the criteria-related profiles of their combinations is lined out. This leads to a
guided way to the application of textual patent similarities, interesting both for theory and practice.
Annak, hogy a tudományos szakirodalomban egyre növekvő számú plágiumgyanús esetet
észlelünk, legalább két oka van. Egyrészt az erősödő publikációs nyomás hatására
a szerzők, a bírálók és a szerkesztők is könnyebben áthágják, illetve elnézik
ezt a súlyos etikai vétséget, másrészt a szövegelemző szoftverek fejlődésével a
szövegazonosságok kimutatása egyszerű feladattá vált. A konkrét esetek
megítélése azonban megalapozott szakmai ismereteket és körültekintő emberi
döntést igényel. Orv. Hetil., 2015, 156(50), 2052–2053.
In patent law most of the crucial legal questions such as patentability and infringement are linked to the patent claims. The European Patent Office regards patent claims as a set of independent features which are examined separately in a more or less formal way. The author has found that this approach allows for developing a simple logic model which treats patent claim features as logical statements and patent claims as compound statements wherein the individual logical statements are connected by logical connectives. The proposed logic model provides a uniform system for examining various legal questions that are dealt with separately under current case-law, moreover, it allows for examining the logical coherence between the different case-law decisions as well as detecting any hidden logical inconsistencies. The present paper offers an overview of the different legal questions linked to the patent claim and demonstrates the practical application of the proposed model.
This paper broadly compares environmentalism in Hungary and Slovakia, with a specific focus on Slovakia’s green movement under late-socialism and after. Nature activism in both countries was not directly controlled by the Party, and in each case individuals pushed the boundaries of activism and redefined notions of protest and dissent. But the way these two movements emerged were quite different from one another. In Hungary, the movement coalesced around a big “international” Soviet-style mega-project. This was the flashpoint. In Hungary, the Nagymaros dam project was an infringement — a monument of unhappy partnerships, and a symbol that fueled nationalist rumblings. In Slovakia, the whole notion of megaworks was not an unwelcome idea. But the differences between Hungarian and Slovak greens are more than the story of a dam controversy. While Hungary’s movement had its origins in the Danube River, Slovak greens emerged from the conservation of folk dwellings in the mountains. In Slovakia — the weekend amateur, the Catholic, the writer, the sociologist — instead found traction in the notion of human conservation. I explore these differences and examine how things change in the post-socialist period.