Copyright law protects original works - the results of a person's creative activity that are individual and fixed in any form. The legal acts are lists of examples of the copyrighted works including works expressed in words, mathematical symbols, graphic signs (literary, journalistic, scientific, cartographic and computer software), artistic, photographic, violin-making, industrial design, architectural and urban planning works, musical and verbal-musical, stage, stage-and-musical, choreographic and pantomimic, audiovisual (including cinematographic) works. However, this is not an exhaustive catalogue, but only an exemplary one.
And creative activity takes place always when there is a subjective act of creation. The opposite of creative activity is reproductive, mechanical or constituting implementation of predetermined guidelines.
to be registered or paid official fees to be protected. Work is under protection from the moment of its creation. It is sufficient to give the work any form that enables another person to see the content of the work. Keeping the work protected does not depend on its value, purpose or expression.
an adult, a child, a person having full rights, or incapacitated. The author does not need any education or qualification to obtain protection.
Discoveries, ideas, procedures, methods and principles of operation may be protected by a patent.
a study of the process that led to the creation of the work and possibly a comparison with other known works in the public domain.
litigation for damages for infringement of copyright though the work does not meet the criteria for protection. We also advise on how to protect your intellectual property rights optimally
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is under the condition that the selection, arrangement or juxtaposition adopted in them have a creative character.
non-transferable and non-substantiated.
with the exceptions provided by law.
meaning that, for example, copies of the work cannot be sold, distributed or made available without the author's permission.
the author may demand to cease any actions leading to that, to perform the necessary undertaking to remove the effects of the infringement, if the infringement was culpable, the author may also demand financial compensation for the harm suffered or to pay a sum of money to a social cause indicated by the author.
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As a rule, the effect of a contract transferring copyrights is that the copyrights are transferred to the buyer in perpetuity within the scope outlined in the contract. The subject of a licence agreement is usually temporary permission to use the work specified in the agreement. Licence agreements are always terminable.
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that the transfer of the author's economic rights occurs in fields of exploitation specified in the agreement.
Generally speaking, they are ways to use work economically.
is characterised by the fact that it grants the licensee the exclusive right to use the work in a certain way, and the creator cannot allow others to use the work in the same fields of exploitation.
does not contain these restrictions. If the agreement does not stipulate exclusivity, it is considered a non-exclusive licence.
Both the agreement for the transfer of copyrights and the exclusive licence agreement require the written form, otherwise is considered null and void.
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Sometimes, to ensure full protection of our Clients' rights, we refer to the Act on Combating Unfair Competition. The Act prohibits actions that infringe or threaten the interests of an entrepreneur, and are contrary to the law or morality. Acts of unfair competition include, but are not limited to, the following: misleading designation of a business, goods or services, unfair or prohibited advertising, violation of business secrets, inducing to dissolve or breach of a contract, imitation of products, slander or unfair praise, impeding access to the market. This is not a closed list of unfair competition acts.
copying the form of products and their packaging, imitating functional features, construction, design or form.
is to ensure fair competition on the market and protect against the use of markings that mislead customers as to the origin, quality, or source of the goods or services.
competition to disseminate false or misleading information about other entities (competitors) and advertising that is contrary to the law, morality, misleading or exploiting fears, anxieties or credulity.
Any technical, technological, organisational, commercial or other information of economic value is deemed to be covered by a secret if the authorised party has taken steps to keep it confidential and it has not been disclosed to third parties.
Some acts of unfair competition are also punishable.