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Articles contributed by Szecskay Attorneys at Law
This article tries to shed light on an important area of trade mark law in connection with a decision recently handed down by the European Court of First Instance (the "CFI"), more specifically with respect to the complex question of similarity between marks and confusion of the public. This question is naturally an issue of fact and evidence and is - to a large extent - imbued with subjectivity. Therefore, new cases brought before the courts always have to be assessed afresh, taking all the surrounding circumstances into consideration, and the outcome can at times be surprising, even for experienced trade mark lawyers.
TRANSFER BY THE EMPLOYER OF EMPLOYEES' PERSONAL DATA TO THE US FROM THE PERSPECTIVE OF HUNGARIAN DATA PROTECTION LAWS: In this article, we briefly address the issue of what requirements prescribed by Hungarian laws on data protection must be complied with by an employer that wishes to transfer the personal data of its employees to the United States.
The Supreme Court's decision in this Sopron underground parking lot case has been one of the hottest topics in the legal playing field in the past few months. We briefly discuss the decision below, and describe a possible way to solve the problems it has raised.
While the securitization market in Europe continues to flourish, its usefulness in Hungary has yet to be fully appreciated. At first glance, the foundation and legal framework appears to be in place, however for a number of reasons, the market is still in its pre-infancy. From a Hungarian law approach it is useful to first look at the issues which are relevant in all markets and then to focus on the specific market-driven obstacles.
As a result of Hungary's accession to the European Union on May 1 2004, certain amendments were made to Hungarian law on the basis of the EU Financial Collateral Directive (2002/47/EC). In particular, creditor protection amendments relevant to the enforcement of financial collateral (known as 'security deposits' in Hungarian legal terminology) were introduced to the Act on Bankruptcy Proceedings, Liquidation Proceedings and Members' Voluntary Dissolution (49/1991) and to the Hungarian Civil Code (Act 4/1959).
The Hungarian Copyright Act (76/1999) was amended as of May 1, 2004 in order to bring it in line with EU directives. The provisions of the Directive on Copyright in the Information Society (2001/29/EC) were also incorporated into the act in the course of this amendment.
...the right to information set out in the Enforcement Directive and a service provider's liability set out in the E-commerce Directive, in light of the transposition of the Enforcement Directive into Hungarian law
Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (Enforcement Directive), designates a larger group of persons about whom infringers and certain contributors must provide information than does the TRIPs regulations; thus, information must be provided namely on the possessors of infringing products, the recipients of infringing services and those that have provided services to the infringer. In the field of e-commerce, the question may arise whether the intermediary service provider has the obligation to provide information on the recipients of its services (the infringers/the content providers carrying out illegal activities), or is exempted from such obligation by referring to the regulations on limitation of liability and exemption from monitoring obligation set out in E-com Directive (Directive 2000/31/EC of the European Parliament and of the Council on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market).
The past year has marked a monumental reform in the motion picture industry and on the motion picture culture in Hungary by the adoption of Act II of 2004 on Motion Pictures (the "Film Act") which came into force on April 1, 2004. The Film Act not only creates a new legal basis on which producers, distributors and other participants in the Hungarian film industry are able to operate, but it also provides support in planning, preparing, producing and distributing films.
Since the reforms which have impacted the Hungarian Film Industry from the passing of Act II of 2004 on Motion Pictures (the "Film Act"), the legal framework has continuously developed with the view of making Hungary one of the most attractive and competitive locations for film production. In particular, in addition to the direct subsidies which the Film Act has made available, indirect subsidies, in the form of a tax incentive regime, provide tax relief through tax credits and allowances creating extremely favourable conditions for producers to make their films in Hungary.