scientific creation

  • 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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