Wyniki wyszukiwania - BazTech

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Intellectual property issues in managing a Smart City

Szewc Tomasz, Rubisz Szymon

Zeszyty Naukowe. Organizacja i Zarządzanie / Politechnika Śląska

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2023

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z. 168

469--483

EN

Purpose: The aim of the paper is to examine the specific issues concerning intellectual property protection in the development and functioning of smart city. The authors describe Polish law of intellectual property protection and interpret it in terms of actions carried out when the smart city is created, implemented, and then managed. Design/methodology/approach: This work uses the formal and dogmatic method typical of legal sciences. It contains the content of legal norms and their interpretation, and is based on the analysis of the literature as well. Findings: There are many areas where the law of intellectual property protection is directly related to acts taken when a city is transformed into smart city, covering the scope of copyright and industrial property. They are mentioned and analysed and their implications for city management are discussed. Practical implications: We have shown what smart city managers should know from the scope of intellectual property regulations. This lets them to avoid infringement of someone else's intellectual property on the one hand and to be aware of how to protect the effort put into development work. Social implications: The article enriches the theory both of legal sciences and management sciences. From the managerial point of view, it broadens the competences of local government managers. From a legal point of view, the work analyzes provisions on the protection of intellectual property in the context of reforming the city towards a smart city as well as of its functionning. Originality/value: It is one of the few, if not the first, study in Polish literature dedicated to the issues of intellectual property protection in smart city.

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The European patent with unitary effect. Opportunities and limitations for innovative projects

Rubisz Szymon

Organizacja i Zarządzanie : kwartalnik naukowy

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2022

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nr 1

113--126

EN

Introduction/background: in 2023 organizations can apply for a European patent with unitary effect in 25 European Union countries. The system brings many simplifications to obtaining protection, but it also comes with some limitations. Aim of the paper: the aim is to explore the possibilities and limitations that a European patent with unitary effect can potentially give to organizations concerning the innovative solutions they obtain within their projects. Materials and methods: this paper uses the formal and dogmatic method typical of legal sciences. It examines the international and EU laws and legal literature. Results and conclusions: the procedure of obtaining a unitary patent will be faster, simpler, and cheaper, as translations into the official languages of all granting countries will no longer be necessary. A Unified Patent Court will be one institution to decide patent cases, so a unified and consistent line of jurisprudence can also be expected. However, there are some significant flaws in the system – there is complicated construction, peculiar language discrimination in registration and court proceedings, the problem of equal access to the court, and arguments about the system's cost-effectiveness, mainly for entities from rich and technologically advanced member states. Taking advantage of the unitary patent will require a rethink, increased vigilance, and caution from innovation project managers, as well as a calculation of potential gains and losses.

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Some issues with the right to privacy in smart cities

Rubisz Szymon

Zeszyty Naukowe. Organizacja i Zarządzanie / Politechnika Śląska

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2020

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z. 147

237--246

EN

Purpose: discussion on threats to the right to privacy and measures of its legal protection in a smart city. Design/methodology/approach: analysis of legal provisions and socio-economic context. Findings: there are significant threats to the right to privacy in a smart city, posed by both private and public entities. There are, however, relevant national and EU regulations that protect the individuals. Those are usually sufficient, but can limit further development of smart cities. Originality/value: brief analysis of the existing threats to the right to privacy in a smart city, as well as indication of legal protection measures that apply and which, in some cases, may limit the development of a smart city in a long-term. The starting point for an in-depth analysis of future legal changes in national and EU law.

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Lex Uber. Obligations of the intermediary and driver in new road transport regulations

Rubisz Szymon

Zeszyty Naukowe. Organizacja i Zarządzanie / Politechnika Śląska

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2020

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z. 145

399--416

EN

Purpose: The purpose of the article is to discuss and analyze new regulations regarding passenger transport, new obligations of intermediaries such as Uber and drivers using such platforms. Design/methodology/approach: Analysis and interpretation of legal provisions, analysis of the socio-economic context and desirable implications. Findings: The new regulations should increase the sense of justice and equal treatment of entrepreneurs due to the unification of the requirements for all entities providing passenger transport services. Potential increase in the quality of transport services for consumers due to greater legal certainty and standards. Regulating the status and activities of intermediary platforms that have previously operated in the sphere of legal uncertainty. Originality/value: This is one of the few first studies on regulations that have been in force recently and regulating the controversy related to Uber's activity in Poland. This should be a practical source of knowledge and conclusions about the applicable regulations for transport companies, drivers wishing to operate e.g. under the Uber banner, as well as aware passengers who can expect the quality of services provided.