intellectual property

  • Prawo autorskie w państwach Azji Środkowej

    Author: Ksenia Kakareko
    E-mail: ksenia.kakareko@gmail.com
    Institution: Uniwersytet Warszawski
    Year of publication: 2018
    Source: Show
    Pages: 73-98
    DOI Address: http://dx.doi.org/10.15804/npw20181705
    PDF: npw/17/npw1705.pdf

    Copyright law in the countries of Central Asia

    The Berne Convention has not been ratified by the former Soviet Union. Far-reaching work to prepare the USSR for ratification of the Berne Convention was discontinued as a result of the break-up of this state. The Central Asian states acceded to the Berne Convention, independently of each other, after they had formally gained independence. The Commonwealth of Independent States to which the countries of Central Asia belong, has prepared rules for the creation of copyright laws for its members. The Eurasian Economic Union, which was established in 2015, is another international subject that influences the shape of copyright in the countries of Central Asia. The analysis of acts of copyright of the Central Asian states proves, firstly, that the laws of these states were modeled on the guidelines of the Commonwealth of Independent States, and secondly, it proves the high convergence of copyright laws. Differences, sometimes quite significant, reflect the cultural and social specificity of individual Central Asian republics.

  • Scientific Creation as a Constitutionally Protected Category and the Rules of Collective Attribution of Authorship to Scientific Works in Exact Sciences

    Author: Anna Chorążewska
    E-mail: anna.chorazewska@ us.edu.pl
    Institution: University of Silesia in Katowice
    ORCID: https://orcid.org/0000-0003-2917-3119
    Year of publication: 2020
    Source: Show
    Pages: 35-52
    DOI Address: https://doi.org/10.15804/ppk.2020.03.02
    PDF: ppk/55/ppk5502.pdf

    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.

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