Definition of an architectural work in the Polish law – outline of the problem based on selected court judgements
Definition of an architectural work in the Polish law – outline of the problem based on selected court judgements

Summary/Abstract: The aim of this article is to present the problem of defining the concept of architectural work in Polish law. The Act of 4 February 1994 referring to copyright and related rights does not contain a statutory definition of an architectural work, which causes great difficulties. The views presented in the literature by the scientific community seem to be helpful in solving this definitional problem. However, the interpretation of the law by the courts is important. The jurisprudence has a direct impact on the development of specific rights of creators (architects). The investigation of copyright infringement cases often begins with determining whether a given work or its elements are an architectural work. The text presents the judgments of Polish District Courts, Courts of Appeal, but also of the Supreme Court.

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