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1 Gajos M.

1 2005

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Aspekty ochrony własności intelektualnej w geomatyce

Gajos M.

Roczniki Geomatyki

2005

T. 3, z. 1

51-58

The legal concept of intellectual property and literature may be defined sensu stricto and sensu largo. The sensu stricto definition describes it as a complex of authorisations including copyright as well as so-called neighbouring rights. The sensu largo definition was included in the convention establishing the World Intellectual Property Organisation and covers laws referring to literary, artistic and scientific works (copyright), as well as laws concerning industrial property (as a complex of subjective rights, the object of which are the following non-material goods: inventions, utility models, industrial designs, trademarks and service marks, geographical indications, topographies of an integrated circuit, as well as the rights defined in regulations concerning repression of unfair competition). Aspects of legal protection, presented in this paper will refer to sensu largo intellectual property. Legal regulations relating to intellectual property in geomatics are applied in the same way as rules in other fields. Special intellectual property regulations concerning only geomatics do not exist. The question of intellectual property protection in geomatics, as a scientific-technical discipline, may be considered from many aspects: copyright protection, sui generis protection as well as the industrial property protection. Copyright protection is mainly regulated in Poland by the regulations of copyright law and neighbouring rights from 1994. The subject of copyright protection are works produced by a the creative activity of an individual person, in any form, independent of values, destination and mode of expression. It seems that the process of work formation appears very often in geomatics, which by definition concerns acquiring, analysing, interpreting, diffusing and the practical application of geoinformation. Deciding, however, whether a given study has the attributes of creative activity of an individual isn.teasy, this is also the case in geomatics. Recently qualifying the creative process is connected with technical progress, i.e. that the tools used in the creative process change. Doubtless the phenomenon of fast technical progress and computerisation of the means of expression now appears in geomatics. According to law cartographic and photographic composition are works. An example of a work in geomatics may be a map or a picture. What demands detailed analysis, however, is the problem of closer qualification of when maps and pictures, as well as other studies can constitute a work in terms of copyright law. In law a work can also be a computer programme or a database. Many computer programmes exist, created for the needs of geomatics especially within the range of GIS. Valid rules for their protection are the same as for all other computer programmes and they are defined in law, though it is worth mentioning that copyright protection of computer programmes in Poland is based on rules defined in the directive of European Communities Council 1991. A database, the source of information often created and used in geomatics, can be together with copyright protection an object of the sui generis right. Sui generis protection of databases was inaugurated by a Directive of The European Parliament and Council from 1996 dealing with legal protection of databases, which imposed on the Member States a duty to introduce its decisions in their domestic legal systems. In Poland the result of this requirement is a law of 2001 about database protection. The necessity of assuring the protection of databases for their producers became the reason for the introduction of this regulation. The sui gneris right lets the producer of the database forbid illegal data taking and/or the reusing the whole or part of the database as preparation of the database requires qualitative and/or quantitative preparation on the part of the compiler and verification or gathering of its content. The content of this law, in spite of both its positive and negative results, met with acceptance among database producers as well as among geomatists. Industrial property protection covers, in relation to geomatics, patent protection (patents for the invention and protective rights for a utility model), protection of trademarks as well as repression of unfair competition. The devices for spatial research may be patented if they meet the requirements of patentability. GIS products among others can be protected by trademark services connected with the distribution of these products by the service mark. However, acts are against the law or morality if they endanger or infringe the business of other businesspeople or customers and may be treated as acts of unfair competition. In the field of geomatics such a deed may be e.g. the situation in which a some one offers elements of a map, of which they are neither the manufacturer nor owner. The law about repression of unfair competition from 1993 regulates the problems of unfair competition. The foregoing aspects of intellectual property are a subject for detailed analysis. It must be mentioned, however, that there are many aspects of this issue. An example of which may be information property (defined as part of intellectual property, the nature of which constitutes information as well as the right of exclusive use of the information and its disposal).