Polish law

The scope of standardization of the protection of national colors in the Polish law, the Italian law and the Community legislation

Author: Radosław Zych
Institution: Uniwersytet Szczeciński
Year of publication: 2018
Source: Show
Pages: 127-152
DOI Address: https://doi.org/10.15804/ppk.2018.01.07
PDF: ppk/41/ppk4107.pdf

In the face of the European integration, the legal protection of national symbols enjoys momentous significance. The present turbulent times and numerous conflicts, the etiology of which is – e.g. social or political in nature – require an attempt to make a scientific overview of the situation. In this article I will examine the scope of standardization of the protection of national colors in the Polish law, the Italian law and the Community legislation. The study takes into account the historical and contemporary judicial decisions. I will try to answer the question whether the scope of protection of the Community colors in the Polish law is sufficient? The analysis of the examined normative acts has led me to the conclusion that the Polish legislator, after the restoration of independent statehood, attached a great importance to the normative grounds ensuring protection of colors of the national symbols. The Italian constitutional adjustment, compared to the Polish one in the scope of the national colors, is very sparse. Aside from the Community rules, each member state – as a result of historical development – has developed its own model of protection. The colors of the European Union are not expressly protected under the Polish normative regulations. However, de lege ferenda, I reckon that for the interests of legal certainty, the legal status in this field should be amended and relevant norms should be laid down.

Creative Commons (CC)

Author: Elżbieta Delert
Institution: Szkoła Wyższa Psychologii Społecznej w Warszawie
Year of publication: 2014
Source: Show
Pages: 280-307
DOI Address: https://doi.org/10.15804/tpn2014.1.17
PDF: tpn/6/TPN2014117.pdf

Creative Commons is a non-profit organisation, which was established in 2001 in the United States of America. It was founded of the initiative of the people involved in work for the protection and promotion of common cultural goods. Polish branch of the organisation has been operating since 2005 and its partners are Centre for Digital Design: Poland and the Interdisciplinary Centre for Mathematical and Computational Modelling at the University of Warsaw. The article presents the development of Creative Commons licence their history specifics and use both in USA and international environment. Last part of the text is focused on presentation and analysis of the situation of Creative Commons licences in Polish Law.

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