Connection between the Community law relating to trademarks and the laws of the Member States on trademarks in the European Union
Dr. Imre Gonda
Council Regulation (EC) No. 40/94 of 20 December 1993 on the Community trademark (CTMR) has created a unitary and autonomous trademark system for the Community which operates in parallel to the harmonized national trademark systems. The CTMR expressly states that the Community law relating to trademarks does not replace the laws of the Member States on trademarks.
According to Article 14 of the CTMR, Community trademark applications and registrations are governed exclusively by the CTMR, unless the CTMR expressly refers to provisions of national law. Thus, there are a number of legal "interfaces" to national trademark systems. The purpose of the study is to show those elements of the Community system where the Office for Harmonization on the Internal Market shall apply the national law of the Members States.
Trademarks in the media
Dr. Ildikó Sarkady
With recent boom in commercial television broadcasting in Hungary, increased competition among the various audiovisual content providers has embraced graphic trademarks, logos and other symbols designed for identification in the market. The Media Law on radio and television broadcasting does not regulate trademarks appearing in the programmes; articles describing title, graphic setting and outlook of printed material requested for newspaper launch are included in the Press Law, although material and procedure regulations of the Laws on Trademarks and that on Press are not in full compliance. The following case study evaluates trademark issues of the electronic media on one hand and the collision between the Press Law and Trademark Law on the other.
Organisation, languages and individual organs of the European Patent Office
Dr. Tivadar Palágyi
This Article gives an overview of and comments on Articles 10 to 23 of the European Patent Convention with an emphasis on the direction, languages and departments charged with the procedure of the European Patent Office. The organisation and work of the Receiving Section, Search Divisions, Examining Divisions and Opposition Divisions, Legal Division, further of the Boards of Appeal and Enlarged Board of Appeal are described in detail.
The average consumer under EC and German trademark law
Dr. Sándor Vida
In the cases Gut Springenheide, Lloyd and Philips/ Remington the ECJ held that the average consumer is reasonably well informed and reasonably observant and circumspect. Considering this case law it is discussed in German literature, whether opinion polls can be used in future, too. Those who believe that this practice can be continued refer to the judgements Gut Springenheide and Lifting, where the ECJ expressly mentioned that it is necessary national courts may provide opinion polls too. (As they do at present.) The same seems valid relating to the British and French trademark practice, where opinion polls are also used from time to time.
An early Hungarian patent on a robot
Dr. János Gács
The 118 544 Hungarian Patent was filed on 10th December 1936, by Ferenc Okolicsányi. It was based on a German application filed on 12th December 1935. The description was published in Hungary on 1st August 1938.
A tele-sensitive and tele-effective mechanism which is working by television and electro-mechanic equipments is roughly outlined in the description. The construction, named "Antrophor", would have offered solution to some tele-manipulation and telecommunication problems which were really solved only nowadays.