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

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

Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego Oficyna Prawnicza

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ISBN 978-83-62832-08-8

Non omnis moriar

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