Molnár István: Iparjogvédelmi intézményeink fejlődése : 1895-1995 : szabadalmazhatóság, szolgálati találmány, fejlesztések oltalma és licencia. In: Acta Universitatis Szegediensis : acta juridica et politica : publicationes doctorandorum juridicorum, (7) 1-15. pp. 211-244. (2007)
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Abstract
In the present publication the hundred-year development of four fundamental IP institutions, patentability, employee's invention, protection of developments and licensing has been reviewed. In respect of the requirements of patentability the legal evolution is unbroken, moving towards more and more objective conditions (and the practice using the `task-resolution approximation' tries to shift the even subjective inventive step to the direction of objectivity). However, time to time in the history, politics always could , made even the patentability serve political objectives (as it makes recently alike), and, if the goals needed a bit more subjective patentability requirements, it was not a problem. Compared to the international practice, in the Hungarian patent law the employee's inventions had been regulated earlier: the Patents Act of 1895 contains some provisions applied to such inventions. The early regulation protected the interests of employers and contained restricting regulations to employees. The modern definition of employee's inventions developed in the 1950s: in accordance with the function of the patent, the definition served the interests of the inventors (employees). The Patents Act of 1969 — having regard to the fair interest of the employees — moved again to the preference of corporate interests. Having the correct definition of the two types of the employee's inventions, the present patent law is completely in line with the interests of companies operating in the free market economy, yet it has sufficiently adequate guarantees protecting the interests of the employees, as well. These guarantees were mitigated when the unilateral cogency of the original Patents Act of 1995 has been abolished in 2001. Meeting the requirements at that time, the Patents Act of 1895 perfectly protected the further technical developments that alone would not have been able to meet the requirements of patent ability. Although the system of supplementary patents recently would be untenable, both the confused legislation due to deficiencies of the Patents Act 1969 and the slightly unfair restricting internal priority of the Patents Act of 1995 fail to give an adequate response to this challenge. In the field of university held intellectual property the challenge above may be especially significant. With respect to the licensing regulations the Patents Act of 1969 established the priciples. Many of its regulation was taken over literally by the existing legislation.
| Item Type: | Article |
|---|---|
| Other title: | The development of selected institutions in the field of intellectual property (IP) protection (1895-1995) |
| Journal or Publication Title: | Acta Universitatis Szegediensis : acta juridica et politica : publicationes doctorandorum juridicorum |
| Date: | 2007 |
| Volume: | 7 |
| Number: | 1-15 |
| ISSN: | 0324-6523 |
| Page Range: | pp. 211-244 |
| Language: | Hungarian, English |
| Place of Publication: | Szeged |
| Related URLs: | http://acta.bibl.u-szeged.hu/37963/ |
| Uncontrolled Keywords: | Iparjogvédelem - jogi szabályozás |
| Additional Information: | Bibliogr. a lábjegyzetekben ; összefoglalás angol nyelven |
| Subjects: | 05. Social sciences 05. Social sciences > 05.05. Law |
| Date Deposited: | 2016. Oct. 15. 11:12 |
| Last Modified: | 2025. Mar. 19. 13:30 |
| URI: | http://acta.bibl.u-szeged.hu/id/eprint/7584 |
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