Rodzina trolli — porównanie konstrukcji copyright i patent trollingu
The family of trolls — comparison between the constructions of copyright and patent trolling

Summary/Abstract: The aim of this article is to to compare the two constructions of copyright and patent trolling. Prima facie it may seem that both these phenomena are based on the very same basic — which is to claim the damages for the infringement of copyrights or patents. However, while analysing these constructions, it is possible to perceive both similarities and differences. At first, it is necessary to define notions of copyright and patent trolling and to analyze mode of action of both kinds of trolls. In this article, the author tries to answer the question, if it is possible to view every activity falling within the framework of the definition of trolling as an abuse of economic rights of copyright or patents. Afterwards, senders of demands of payment shall be characterized as well as the existence of the infringement by addressee’s behaviors. What is more, it is necessary to bring the role of law offices out. Finally, main difference between analyzed constructions will be indicated, revolving around the feeling of threat based not only on the economic foundation.

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