Istota licencji dorozumianej
The essence of an implied licence

Summary/Abstract: Contrary to its literal wording, Article 53(1) of the Inventions Act of 1972 does not establish a legal presumption. The ambiguity of the connecting wording “it is presumed” and the multiple functions assigned to it in statements both in legal and legislative language make such an interpretation approach permissible.The feature distinguishing 'quasi-presumptions' from legal presumptions is the manner in which they are rebutted, namely by showing that the parties have regulated the matter differently than is provided for in the regulation. This is a method characteristic for avoiding the disposition of “regular” standards, which are effective relatively. This view appears to be accurate. Article 53 of the Inventions Act of 1972 also falls into this category. Indeed, there is no doubt that the parties may stipulate rules for the use of the invention contained in the research work other than rules provided for in the Act.Article 53(1) of the Inventions Act of 1972 contains an interpretative rule for the act of transferring the result by the contractor. Such an interpretation avoids some of the negative consequences associated with treating Article 53(1) of the Act as a standard supplementing, as it were, the provisions of the research work contract.Unless otherwise apparent from an explicit declaration of intent by the contractor of the research work, the transfer of a result containing an invention implies an expression of intent of the contractor to grant the contracting authority the right to use the invention.The transfer of a result of research work containing an invention implies a firm and irrevocable decision on the part of the contractor to grant the contracting authority the right to use the invention contained therein. This is because that the use of the phrase “has granted a licence” related to an act which does not give rise to a licence relationship seems justified and permissible only in such a case.An implied licence is a type of a licence agreement, which can be entered only between the parties of an agreement for research works. It differs from an ordinary licence agreement in its mode and form, which have been simplified due to the special subjective qualifications of the parties. It is a legal relationship separate from the research works agreement, arising following the transfer of the result of the work by the contractor and its acceptance by the contracting authority. These acts constitute an offer of a licence agreement and its acceptance, respectively.

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