Ewolucja czy erozja? Kilka uwag o zmianach w konstrukcjach cywilistycznych podmiotowych praw własności intelektualnej
Evolution or erosion? Some remarks on changes in civil constructions of subjective intellectual property rights

Summary/Abstract: From the beginning, intellectual property rights were based on certain structural foundations. We are talking about exclusive rights, effective against an indeterminate class of persons. Another defining feature is their monopolistic nature: they provide a monopoly in the use of an intangible good to the exclusion of others. Usually, they were also treated as limited to the territory of a specific state. However, their structure gradually changed. Relative rights appeared in addition to absolute rights in the model of subjective intellectual property rights; others gained very limited effectiveness. It can be asked whether these changes are accidental or whether they mark some new direction in the evolution of intellectual property rights. This question is not obvious, yet its consideration is important. If we want to keep up to date with changes in social and economic reality, we should already be anticipating the direction in which changes in the field of intellectual property rights will go. The paper aims to identify these trends and directions, and considers whether these changes are an erosion and deconstruction of intellectual property rights, or rather their modernization and replacement of the old model with a completely different one. Using the formal-dogmatic method and the theoretical-legal method, the author analyses changes in the regulations in force in Poland and the views expressed in Polish doctrine. In the concluding section, the author compares the evolution of industrial property regulations in Poland with copyright law. In the latter case, a greater number of constructions atypical for intellectual property rights appear.

• Details
• Contents