Megújult polgári perrendtartás változatlan bírói szervezettel : rövid elemzés a szabadalmi különbíróság kapcsán a Pp. kodifikáció tükrében

This study provides an analysis of patient special courts as a link between innovation and civil procedural law. Applying historical and problem solving as well as comparative methods the study shortly summarizes the history of Hungarian patent courts and focuses mainly on the effects of codification on the structure of the patent courts. It furthermore analyzes the reasons for establishing such courts. In order to identify the reasons the study relies on the fundamental rights aspect and it draws the conclusions from professional factors i.e. the traditions of the legal system, procedural laws, the inevitable technical elements and statistical figures. It is important to emphasize that the idea of establishing patent special courts did not occur during the codification of the new civil procedures, the need for such form of court appeared in connection with individual administrative cases. Though funding these courts would fulfill the criteria set by the constitutional court, at present there are no fundamental legal or organizational reasons for that. Ensuring uniform legal practice for patents and preventing possibly different judgments can be guaranteed by other tools than special courts. For instance the power to deal with cases like the protection of industrial property rights – including patent cases – is exclusively exercised by one court in Hungary. In spite of the special features of the state which sometimes negatively affected the system of jurisdiction before the change of regime, the present system of procedures for patent cases functions effectively. The judicial review of decisions was solved properly within the framework of ordinary courts, and still it is. In the present system the criterion that a professional judge shall be the member of the committee is also fulfilled. On the basis of available statistics, the number of the industrial property cases and other private law cases which are in connection with industrial property within the competence of the General Court is considered to be minor, therefore the unification of legal proceedings can not justify to establish special courts. The latter type of cases do not belong to the competence of special courts