PROPERTY LAW

REAL PROPERTY

Basics of Law & Public Administration

2024-25 Autumn Semester
Mr Gábor Nádas, dr. jur.
Links with previous topics
• what is property
• how to acquire property
• kind of properties
• own – possess
 Definition
• The creation of the mind belongs to the creator

• Intellectual property: a protected creation of the mind

• Prevents everybody’s „use”
Intellectual property
Understanding Intellectual Property (IP) (2’13) https://www.youtube.com/watch?v=UqZJPuyK9VY
, Understanding The 4 Types Of Intellectual Property – YouTube,
https://www.youtube.com/watch?v=AzQzSUZsT_k

Types:
• Copyright: artistic and scientific products (e.g. Coca-Cola song)
• Trademark: distinction from other products (e.g. Coca-Cola logo)
• Patent: detailed description for industrial use (e.g. manufacturing the Coca-
Cola bottle)
• Trade secret – technique used in manufacturing a product
Relationship with property rules:
• Similar rights
• Time element
• Protection from infringement: needs publication / registration
 Copyright
• legal concept granting creators of original works exclusive rights to
control how their work is used and distributed.
• Copyright protection automatically applies to eligible works as soon as
they are created and fixed in a tangible form, such as writing, painting,
recording, or digital encoding.
• Copyright typically lasts for the creator's lifetime plus a certain number
of years (70 in Hungary), after which the work enters the public domain
and can be freely used by anyone
• Free use: quote excerpts to the extent justified by the nature and
purpose of the receiving work, faithfully to the original, with attribution
to the source and the author
 Copyright 1999. LXXV I Tv.
• NON TRANSFERABLE
• Use: Licencing agreement
• Against an infringer, the author may assert:
• a) Demand a court determination of the infringement;
• b) Demand cessation of the infringement
• c) Demand the infringer to provide redress, through a statement or other appropriate
means, and if necessary, ensure appropriate publicity at the infringer's expense;
• d) Demand the infringer to provide information regarding the individuals involved in the
production, distribution, or provision of the goods or services affected by the
infringement
• e) Demand restitution of unjust enrichment
• f) Demand the cessation of detrimental circumstances
 literary, scientific, and artistic
creations
• literary, scientific, and artistic creations shall be protected by copyright, irrespective of their
content or purpose. Such creations shall include in particular:
• a) literary works (e.g., fictional, non-fictional, scientific, journalistic),
• b) public speeches,
• c) computer program creation and associated documentation (hereinafter referred to as
"software") in any form, whether in source code or object code or in any other form,
• d) dramatic works, musicals, dance performances, and mime,
• e) musical compositions, with or without lyrics,
• f) radio and television plays,
• g) film works and other audiovisual works (hereinafter collectively referred to as "film works"),
• h) drawings, paintings, sculptures, engravings, lithographs, or other similar creations, and their
plans
 literary, scientific, and artistic
creations
• i) photographic works,
• j) cartographic works and other works of cartography,
• k) architectural works and their plans, as well as plans for complexes
of buildings or urban architectural complexes,
• l) plans for technical installations,
• m) works of applied arts and their plans,
• n) costumes, sets, and their plans,
• o) industrial design works,
• p) databases considered to be collective works.
 ADJACENT / RELATED RIGHTS
• Performers, sound recording producers, radio and television
organizations, film producers, publishers of press publications, and
database producers' performances
• include the right to control and receive compensation for the use of
their performances, recordings, broadcasts, etc.
 Contents of copyright
• Exclusive right to the authorize any use
• In material or non-materila form
• Whole or parts
• use of a work is considered especially:
• a) reproduction
• b) distribution
• c) public performance
• d) communication to the public by broadcasting or otherwise,
• e) adaptation (Section 29),
• f) exhibition
 PATENT
• Invention : new, useful, and non-obvious
• Industrially applicable
• the inventor’s exclusive rights to the invention for a limited period of
time (20 years)
• provides the inventor with the right to prevent others from making,
using, selling, or importing the patented invention without permission.
• In exchange for this exclusivity, the inventor must disclose the details of
the invention in a patent application, which is made public
• Territorial protection – International protection
 Patent
• Inventor: who created the invention
• Joint invention
• Starting: patent protection arises with the publication of the application, and the protection extends back
to the filing date
• The patentee can take action against anyone who, without permission:
• a) produces, uses, markets, or offers for sale the product that forms the subject matter of the invention,
including those produced using the patent, or keeps such a product in stock or imports it into the country
for such purposes;
• b) uses the process forming the subject matter of the invention, or - if they are aware of it or if it is obvious
from the circumstances that the process cannot be used without the patentee's permission - offers it for
use to others;
• Patent protection lasts for a specified geographic area and for twenty years, after which the invention
enters the public domain
• Inheritable
• Patent or patent protection?
 Trade mark
• Any sign capable of distinguishing goods or services may be eligible for trademark protection
• a) word, combination of words, including personal names and slogans;
• b) letter, numeral;
• c) figure, image;
• d) two-dimensional or three-dimensional shape, including the shape of goods or packaging;
• e) color, combination of colors, light signal, hologram;
• f) sound; g) motion mark;
• h) position mark;
• i) multimedia mark;
• j) pattern;
• k) composite marks consisting of various elements
 Trade Mark
• Limits:
• a) contrary to public order or morality;
• b) capable of deceiving consumers, particularly regarding the type, quality,
geographical origin, or other characteristics of the goods or service
• The protection arises retroactively to the filing date upon registration
• Geographical limits
• EU and International agreements
• Time limit
• Need of use
 Trade secret
• safeguarding valuable and confidential information that provides a
competitive advantage to a business
• Contract
• Non-disclosure agreement
• Legal remedies to enforce proptection