Protection in Poland countries, Poland has a relatively short history of legislation regulating legal aspects of intellectual property. After over 120 years without its statehood entity, Poland could only form its own, modern legal regulation after the end of World War I in 1918. However, after regaining independence, in Poland, the measures aimed at the settlement of the legal status (and, consequently, providing legal protection) of broadly defined creative activity were quickly undertaken. Already in 1920, Poland ratified the Berne Convention for the Protection of Literary and Artistic Works. In 1926, the Parliament of the Republic of Poland passed the first act on copyright protection. In the communist period in Poland, a new act on copyright was implemented (1952), which was in force until 1994, when the current Copyright and Related Rights Act was passed, which was adjusted to the requirement of the European Union with the amendment of April 1, 2004. rights, apart from the above-mentioned act, Poland is bound by all the European Union regulations in this respect, and also by international conventions such as: the Berne Convention (1886), the Rome Convention (1961), the TRIPS Agreement (1994) and the WIPO Treaty (1996). The characteristic feature of the Polish regulation in reference to managing copyrights is strong administrative supervision over the execution of the so-called collective management. Collective management of copyright and related rights is exercised by Collective Management of Copyright and Related Rights Agencies (OZZ). However, in order to be able to perform their functions, they must obtain administrative decision issued by the Minister of Culture. The control function of the minister is based on general prerequisite defining their competencies with regard to management, and stating whether Collective Management Agency "appropriately performs its such a general control category gives rise to the danger of misuse of power by public administration authorities. Detailed control competencies are concentrated around financial reporting aspects of OZZ. At the same time, the entity entitled to execute financial rates control with regard to collective management of intellectual property copyright is the Copyright Committee appointed by the Minister of Culture. It is a specific entity formed by an administrative body, but operating within arbitration whose resolutions are controlled by common court. With regard to industrial property right, in Poland the Act of 2000 is in force, and since the accession of Poland to the European Union (May 1, 2004) Poland also has been bound by appropriate union regulations in this respect. Furthermore, Poland joined several international agreements referring to industrial property, including: the Paris Convention (1883), Cherka & Wasowski, focuses his practice on complex civil and administrative litigation and intellectual property law. 8 Kruczkowskiego Street Nordic Park Building, 7th Floor 00-380 Warsaw Poland +48 22 621 21 32 Fax echw.pl |