The concept of intellectual property is at a time when, as a result of creative human work, an innovative, unique product and bringing a large economic or economic significance is created. At the time, this product deserves protection covering a certain range and time depending on the type. Intellectual property is in particular musical works, song lyrics, trademarks and patents.
Polish law regulates, in principle, the use of intellectual property. Rights covered by copyright are protected from the moment they are created or created, and registration is only required in the case of industrial property objects. International agreements control these activities in virtually all countries of the world. How does this situation look from the point of view of a foreigner? When and on what basis are the products of foreign citizens protected? What are the limitations?
The rules of protection of intellectual property of foreign citizens
After Poland’s accession to the European Union, all works and texts of performance of citizens of the European Union Member States are protected by Polish copyright law, ie the Act of 4 February 1994 on copyright and related rights. These provisions also apply to the protection of foreign products, which protection results from the scope described in international agreements, namely:
– Berne Convention for the Protection of Literary and Artistic Works;
– international Convention for the Protection of Performers, Producers of Phonograms and Radio and TV Stations (Rome Convention);
– Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
They lay down rules for the protection of intellectual property products of artists who are citizens of countries belonging to the above-mentioned convention. One of the basic principles of protection is the principle of reciprocity – the level of protection of foreign citizens should be at the same level as the level of protection of our citizens in another country. For example, in the case of property rights, protection for Poland is granted to the author for a period of 70 years. This case was solved differently in Canada, where the period was shortened to 50 years. Canadians protect our Polish literature as well as its own (meaning for 50 years), in accordance with the principle of reciprocity, we also protect Canadian for a period of 50 years.
Limitations on copyright
Foreign nationals, however, relate to certain restrictions related to membership in a specific international agreement or those resulting from provisions in the Act itself. In particular, they concern the principles of territoriality, that is, the place where the work was created or published.
The legal protection of intellectual property in Poland includes:
– works in which at least one of the authors has Polish citizenship;
– the products of a foreigner whose place of residence is located in Poland;
– artistic performances of foreigners made in Poland for the first time;
– copies of works made by foreign citizens of Poland for the first time made available in Poland;
– works on simultaneous publication, eg publication of a work within 30 days of publication in another country;
– works published for the first time in Polish, irrespective of the place of publication and citizenship of the author.