The resale right in international and European context - Part II.
The article deals with a current copyright issue in international and comparative approach. The first part of the study provides a short overview on the historical and dogmatic background of the resale right. The author analyses the main characteristics of the international regulation of droit de suite and presents its "weak point" by a German case anticipating the need for the European harmonization in this field. Finally, she surveys the official positions or legislative concepts concerning the resale royalties of some countries outside of the European Economic Area, which have significant role on the international art market.
In the second part of the study, after a historical introduction the author examines in details the provisions of the Resale Right Directive (2001/84/EC) and explores the existing drafts implementing the rules of the Directive including the proposal amending the Hungarian Copyright Act accordingly.
Transitional provisions related to the entry into force of the new Act on Administrative Procedure
A new Code establishing the general rules of administrative procedures will take effect on 1 November 2005. This has necessitated a number of amendments to industrial property laws, which will enter into force on the same date. The study analyses the transitional provisions of the Code and the above-mentioned amendments. It outlines two different options for their interpretation, and then, after a brief assessment of these options, it puts forward a proposal on how these provisions should be construed and applied in the legal practice of the Hungarian Patent Office.
Decision of the Technical Board of Appeal in the "oncomouse" case
Dr. Palágyi Tivadar
In the famous Harvard oncomouse case the decision T 0315/03 was released by a Board of Appeal of the EPO on April 6, 2004 but it was announced in July 2005 only. The corresponding European patent No. EP-B-0,169,672 was granted with claims to transgenic non-human mammals containing an oncogene and methods for producing the same.
Oppositions were filed by 17 opponents. The outcome of the opposition proceedings was a decision to maintain the patent with claims restricted to rodents rather than non-human mammals. Appeals were filed by some of the opponents, and the appeal proceedings resulted in the present 156-page decision in which the patent was maintained in a restricted form with claims directed to transgenic mice.
A descriptive application before the Court of First Instance - BIOKNOWLEDGE
Dr. Vida Sándor
Detailed report on the BIOKNOWLEDGE judgement of Court of First Instance (T-387/03) with partial translations from the quoted EASYBANK, BioID, COMPANYLINE and TRUSTEDLINK judgements. Conclusion can be drawn from the reported judgement, that a combination of descriptive terms can be registered as a mark only if the combination is somewhat original, it does not comply with the rules of word composition, i.e. the combination is unusual. The appreciation is similar as in patent law, where a simple addition of known technical elements cannot be protected, the combination ought to result in a new technical effect.
The story of the No 1 medicine of the 20th century
The author described here the history of omeprazole which molecule was the best-selling drug of the last century. Both the lead-molecule (2-pyridyl-thioacetamide) and its optimized benzimidazole derivative were synthesized in Hungary, years prior to the Swedish Astra Company. But the development was prematurely terminated in Budapest.
History of epilepsy
Epilepsy, "the falling sickness" is a disorder as old as mankind. Approximately 1.3% of the population has active epilepsy. About 35% of these patients are either unable to tolerate conventional drugs or simply do not respond to these medications. Others experience significant toxic side effects despite the optimal use of their medication. This article tries to give a picture about the evolution of the understanding and the medical treatment of epilepsy from the Babylonian era till our day.