Intellectual property law: current legal issues

Abstract

This paper gives an overview of current status and main issues of copyright and patent protection in Poland. After presenting the sources of intellectual property law (international treaties, European Union legal acts, Polish domestic legislation), the basic aspects of copyright protection under the 1994 Act on Copyright and Related Rights are discussed (e.g. the concept of work as an object of protection, the scope and content of the personal and economic rights). Next, the current status of the patent protection under the 2000 Act on Industrial Property is presented, followed by a general description of the European patents granted by the European Patent Office pursuant to the 1973 Munich Convention. The legal effects of those European patents in Poland are also analysed. Further part of the paper critically assesses the planned unitary patent protection and the Unified Patent Court. In this context the author underlines the main drawbacks and numerous negative consequences, both legal and economic nature, of the proposed regulations. The final part of the paper considers some current issues relating to the patentability of biotechnological inventions. Special focus is given to the judgment of the Court of Justice of the European Union of 18 October 2011 in Brüstle v Greenpeace case (exclusion from patentability concerning the use of human embryos for industrial or commercial purposes).