ACTA JURIDICA - A MTA Jogtudományi Közleményei Tom. 27 (1985)
1985 / 3-4. sz. - BOOK REVIEW - LONTAI ENDRE: Y. Eminescu: A Manual of Industrial Property, vol. I. New Creations; vol. II. Distinctive Signs
440 Internatioruilia The fifth essay of the volume has been written by G. loan under the title "Orientation in statutory provisions on manpower recruitment and on the divisions of labour force". The article reviews the legal rules in force and makes critical comments on The extremely voluminuous professor Eminescu, an internationally respected authority on the science of civil law, and especially on that of intellectual property, has begun a significant undertaking again. In her work, intended to consist of three volumes, the first two volumes of which constitute the subject of the present review, she wants to offer an elaboration of a manual character of the branch of law called industrial property. Volume I treats the law of the technical-intellectual creations meant in a broader sense, whereas Volume II deals with the legal regulation of distinctive signs, companies' and goods' trade marks. (The planned third volume envisages to analyze the questions of competition law.) The work is essentially of a comparative law character. In respect of the various legal fields, legal institutions it investigates not only the theoretical questions of principle but also introduces the variants of the regulations applied in some countries groups of countries, their background based on international (universal and regional) agreements, comparing and evaluating the solutions of the individual legal systems, and, as a matter of course, offering precise information on the solutions and the attitude of the Rumanian legal regulation. Volume I treats, accordingly, the norms and institutions serving for the legal protection of technical creations. In a short introduction the author deals with the historical development of this legal field, with the general characteristics of intellectual property law, delimiting its two great traditional fields, namely the copyright and the industrial property law—this latter one somewhat more detailed—and finally, a useful "explanatory dictionary" is given to facilitate the comprehension of the applied terminology. Chapter 1 analyzes the economic and social significance of technical creative activity, the inherency of intellectual goods them. He recommends the regulation by statutory provision of certain questions of detail left until now to the practice. M. Lázár and new ideas, the conditions stimulating the creative activity, and in this range the role and the possibilities of the legal regulation, with special regard for the attitude of socialist legal theory. Chapter II deals with the regulation of the legal protection of scientific discoveries. Here, the author sketches the historical development, treats in a stressed manner the solutions of the socialist legal systems, tackles with the definition of discovery to be applied for legal purposes, with the contents of the legal protection of discoveries, the respective rights and obligations of the discoverers and the socialist organizations, with the connection between discoveries and inventions and the Geneva Agreement on the international registration of discoveries. She analyzes the attitudes concerning the place of the protection of discoveries in the legal system, emphasizing that the exclusive title due to the discoverer is only of personal character, i.e. it relates to the capacity of being a discoverer and to the priority of the discovery. The Rumanian law— similarly otherwise to the view of the Hungarian law—provides for the protection of discoverers by the rules of copyright law, whereas the Bulgarian, Czechoslovakian and Soviet legislation provide for an express regulation relegated to the sphere of industrial property. Chapter III, being the most comprehensive one, investigates the questions of the legal protection of inventions. Here, the historical development is introduced both with a general character and in respect of the Rumanian invention law which was recodified, modernized recently, in 1974—1976. The Rumanian law acknowledges the patent as the single form of the protection of inventions too. In connection with the concept of patentable invention the author analyzes the legal definition, the material criteria of patentability, namely the novelty, the technical nature, progressivity and practical EMINESCU, Y.: Tratat de proprietate industrial, (A Manual of Industrial Property) Vol. I. Crealii noi (New Creations), Vol. II. Semne Distinctive (Distinctive Signs), Editura Academiei RSR, Bucharest, 1982, 1983. 197 + 192 p. Acta Juridica Academiae Scientiarum Hungaricae, 27, 1985