ACTA JURIDICA - A MTA Jogtudományi Közleményei Tom. 24 (1982)

1982 / 3-4. sz. - BOOK REVIEW - LÁZÁR MÓZES: Y. Eminescu: Changes of civil law under the effect of scientific-technical revolution

ínternationalia 431 The main report was followed by four additional reports analyzing an important part-field ;ach of the subject matter. V. A. Rassudovsky dealt with the legal problems emerging in connection with the state management and planning of science and technics. He surveyed and evaluated, in respect of the Soviet Union, the fundamental organizational conditions and significant legal norms of this field, the legal instruments serving the stimulation, the results achieved up to now and the problems to be solved. R. Osterland investigated the legal methods and means serving for the establishment, protection and realization of scientific-technical results. In this connection he dealt comprehensively with the utility and exchange value of the intellectual creations, with the special predominance in this field of the commodity-money relations. In connection with the research contracts he emphasized the particular problems of liability and guaranty (within it the warranty of title). G. Grundmann analyzed the legal consequences of the risk incidental to the scientific technical activity, namely the reasons and various forms of appearance of the risk. He pointed out that in the scientific-technical activity — though in different way and to a different extent, depending on the particularities of the given research field or research level—the risk is an immanent factor. With respect to the reduction of risk and the regulation of its consequences, respectively, the suitable interest and responsibility should be provided for by legal means, too. H. Pogodda treated in his lecture the correlations between the scientific-technical development and the legal protection of results obtained therefrom. Surveying the various categories of scientific-technical results and creations (discoveries, inventions, designs, trademarks, plant-breeding and animal breeding, technovations, know-how, software, etc.), he analyzes the forms of legal protection of such creations, emphasizing that the protective form may not be of an exclusive character (with respect to the traditional controversy, e. g. to the relation and valuation of the patent and inventor's certificate). Investigating the information functions of the protective form, the questions of the harmony of personal and social interests, he points out the necessity of legal instruments providing for the preferential management of creative activity. Volume II. contains the material of discussions in various sections. Only a reference is made here thereto. In the section dealing with the general and special legal questions of the scientific­technical development 8 contributions, in the section dealing with the problems of planning, management and cooperation 16 contributions, in the section treating the legal questions of the international scientific-technical co-operation 7 contributions, and in the section dealing with the scientific-technical risk and—partly—with its labour-law aspects 8 contributions were made. The ample material of the work in two volumes elucidates such generalizable theoretical questions of the socialist jurisprudence, the further consideration of which is an actual task. By the clear wording of questions and by the suggestions for solution supported by appropriate argumentation the reviewed work is a useful contribution to the solution of this task. E. Lontai EMINESCU, Y.: Transformarile dreptului civil sub influença revolu(iei technico-s(iintifice (Changes of civil law under the effect of scientific-technical revolution) Bucureçti, Edit. St. enciclop., 1979. 136 p. The author has published her treaties in a small-from booklet. The author has been directed by her interest in novelty towards a certain category of substantive laws, the intellectual laws. Under the conditions of our time these laws are recognized for the benefit of creators, discoverers and inventors in each field—from the technical up to the esthetical one. The fundamental changes in the life of society, being results of intellectual creations, scientific discoveries, technical progress, influence also the domain of jurisprudence in such a way or manner that the law loses in a certain sense its legal character. X Acta Juridica Academiae Scientiarum Hungaricae, 24, 1982

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