- Year of publication: 2020
- Source: Show
- Pages: 5-8
- DOI Address: -
The reform of higher education in the Republic of Poland, which was introduced by the Act of 20 July 2018 Law on higher education and science (Dz.U. 2018, item 1668, as amended; hereinafter: Law on higher education and science), revitalized interests in the freedom of scientific research, optimal ways of its implementation and the role of the state in the support of scientific and research activities. For this reason providing an answer to questions concerning the genesis of regulation of the freedom of scientific research in the Constitution of the Republic of Poland of 2nd April, 1997 (Dz.U. 1997, No. 78, item 483, as amended; hereinafter: the Constitution of the Republic of Poland), specifically in relation to its recognition and position in the Polish constitution, the normative content of the freedom, the beneficiaries and entities obliged to comply with it, appears appropriate. These issues seem to be of particular importance. First of all, the freedom of scientific research shall be one of the crucial elements of a knowledge-based economy, with a significant role of higher educational institutions. Secondly, the proper functioning of universities indicates a broader establishment of human rights. What is more, the hitherto undertaken attempts to define the freedom of scientific research seem not to be incisive enough. The aim of this article, therefore, is to draw attention to the issues and difficulties associated with the freedom of scientific research. The answers given to the aforementioned questions, however, having regard to the limited scope of the publication, cannot be deemed definitive.
The scope of the constitutional freedom of scientific research and dissemination of the fruits thereof covers not only the right to undertake scientific activity undisturbed by state intervention but also the guarantee of ownership rights to the results of such creative human activity, as „intangible goods” of human creators. The researcher should be protected regardless of whether the form of research outcomes’ formulation demonstrate abilities to be express as independent work or a contribution to independent work. The legal basis for the freedom of scientific research understood in this way may be found in Art. 73 in conjunction with Art. 64(1) and (2) and Art. 21(1) as well as Art. 32 of the Constitution of the Republic of Poland. The systematic interpretation of these provisions makes it possible to formulate a constitutionally binding standard for the protection of the rights of the creator and gives the basis for formulating public legal right with relevant content like above it is drawn. The implementation of understood in this way public legal right may be asserted claims directly before a court.
creator / author protection of intellectual property rights to research results scientific creation the freedom of scientific research as well as dissemination of the fruits thereof, intellectual property
The 21st century undoubtedly belongs to intellectual property law. In principle, each area of social life, but also private individuals to some extent, depend on legal regulations in this field. On the one hand, amazing technological development has taken place, thanks to which unprecedented improvements have been made in areas such as health, economic well-being and overall quality of life, on the other, technologies have forever changed societies, not just Western ones. Therefore, intellectual property law has faced huge challenges since the beginning of our century. It can deepen the gap between the poor and the rich by hindering access to modern solutions, it can also help overcome barriers (access to medicines, knowledge, and material goods). Legal issues arise in every field that humanity develops through its creativity - soon, legislators will have to face questions regarding, among others effective protection of software, big data, personalized medicine, autonomous vehicles, video games and artificial intelligence, etc. However, the question arises whether the actions of legislators will meet the expectations of society and whether they are sensitive to the needs of a changing world.
The permissibility of quotations in academic works may be discussed and examined from different perspectives: a copyright perspective (which focuses on the conflict between quotation and infringement of copyright) and an ethical perspective (focusing on the issue of academic reliability). This article contains analysis of the legal status of quotations in the light of Polish Copyright Act of 4th of February 1994, in particular, the prerequisites of the right to use quotations established in Art. 29 of the above act. In a nutshell, it may be concluded that copyright law permits one to quote from other works without the establishment of strict rules and restraints (especially quantitative) in this respect. A flexible approach has been adopted: the permissibility of a quotation is subject to its adequacy for its specific purpose of revealing an explanation, critical or scientific analysis. There are no specific requirements regarding quotations in academic works. These works are specific in that their character and function permit quotes to a greater extent than in other categories of works.
The authorship of work and the authorship of scientific findings do not always go together. Although the law on higher education and science introduces that popularly repeated Iine. According to that regulation, a misappropriation of the authorship of a substantial part of a copyrightable work or of the authorship of a substantial scientific finding provides grounds for the withdrawal of a scientific degree. Copyright law establishes rules under which a person who commits plagiarism can be held liable in civil and criminal court. Not only at the stage (ex post) of the withdrawal of a scientific degree and the redress of copyright infringement (e.g. retraction of an article, compensation), but even at the stage of the creation (ex ante) of scientific content one should achieve the conditions of research integrity regarding the use of one’s own and third party scientific works. Aside from the use of plagiarism checker software, we need to educate the next generations of scientists, disseminate appropriate rules of co-authorship (code of ethics for scientific research) and act against any attempts of falsifying research. In addition to plagiarism, this article also discusses the rules of citation and co-authorship.
This article presents an overview of ten specific problems and considerations that are typically involved in designs of bibliometric indicators for national performance-based research funding systems (PRFS). While any such system must be understood and respected on the background of different national contexts, mutual learning across countries can inspire improvements. The paper is partly based on experiences from a Mutual Learning Exercise (MLE) on Performance Based Funding Systems which was organized by the European Commission in 2016–17and involved fourteen European countries, partly on experiences from advising a few other countries in developing such systems. A framework for understanding country differences in the design of PRFS is presented first, followed by a presentation of the five specific problems and considerations that are typically involved in designs of bibliometric indicators for such system. The article concludes with an overview of how Norway’s PRFS has dealt with the same five problems.
Scientists working at Polish universities and research institutes are subjected to the re- cently amended Polish Law on Higher Education, which imposes on this group the ob- ligation of periodic evaluation of scientific achievements, including scientific works and industrial property matters. The obligation to prove one’s own scientific achievements re- lates directly to the problem of attribution of authorship. Academic practice shows that not only are perceptions of authorship problematic but also that there is little under- standing of the differences between the authorship of a scientific work and the author- ship of an invention. In this study we discuss in detail the latter case referring to Polish legal acts and we attempt to characterize the nature of innovative activity in relation to general scientific activity.
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