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Subject and Keywords:

inventor’s moral rights   post mortem protection   mention of the Inventor of the patent

Abstract:

The author presents the issue of protection of the right of authorship of an invention in polish law, also taking into account international law, in particular: regulation of the Paris Convention for the Protection of Industrial Property, TRIPS-Agreement, Patent Cooperation Treaty and the European Patent Convention. The protection of the moral rights of inventor in international law is limited to the period of his life. The creator of an invention in Poland makes use of legal protection of his moral rights related to the invention on the basis of Articles 23 and 24 Civil Code and Article 8.1 Industrial Property Rights Act. There is currently no basis for constructing the protection of inventor’s personal rights after his death on the basis of the Industrial Property Rights Act. However, industrial property right is part of private law, and also the Article 23 Civil Code provides the protection of creativity and innovation activities, placing these among protected personal interests. The expiry of the protection of the moral rights of an inventor does not prevent, in certain specific situations, acceptance that disclosure (or omission) of personal data of inventor in the context of the creation of an invention will harm the moral rights of persons, who are close to deceased inventors, for example, in the case of “mashing” the memory about the achievements of inventor or assigning his achievements by other people. However, in such a situation, the persons close to inventor will exercise their own right to protect their moral interests

Place of publishing:

Wrocław

Publisher:

Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego   Oficyna Prawnicza

Contributor:

Karkut, Daniel. Red.   Mazurkiewicz, Jacek. Red.   Gołaczyński, Jacek. Red.   Turłukowski, Jarosław. Red.

Date issued:

2015

Format:

application/pdf

Identifier:

ISBN 978-83-62832-08-8

Language:

pol

Is part of:

Non omnis moriar

Rights holder:

Copyright by Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

Autor opisu:

WR U/PAdjm