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EN
How to turn intellectual property into economic value? Which road should European business managers take in order to bring into effect the concepts that aim to give a boost to European economy? What kind of institutional support can patent offices provide to businesses in the European Economic Area? How to create an environment that would enable European citizens to learn the ways of economic growth through their growing knowledge? These are the questions that were dealt with at the twin conferences held by the European Union and the European Patent Organisation, which was organised for the first time in one of the new member states, Hungary.
EN
The article discuses the increasing significance of protecting intellectual property rights in the knowledge based economy. The most common approach to this problem which can be seen in the public debate stresses the role of technological competition between market players and says that reforms of intellectual property protection system should facilitate process of obtaining patent protection for bigger amount of innovations of all kinds for longer time. This should encourage all companies to invest in research and development, which will improve innovation capability of the whole economy. The article shows that realization of this common belief can lead to some counterproductive results, which can especially be important in case of knowledge based economy sectors. On the other hand, the article argues that the discussion on intellectual property protection should not only concentrate on the technological competition process, but it should also take into consideration an influence of the reform on the technological cooperation process. This is especially important in case of creating an institutional background for cooperation between so called general purpose technology sectors and application technology sectors, which can be the core of innovation process in the knowledge based economy.
EN
Patents are of critical value for future commercial development of innovation. Knowledge of legal system dedicated for intellectual property rights is limited. Basic information concerning biotechnological invention and patenting are presented with focus on 'red' biotechnology.
EN
The aim of the report is to evaluate the level of innovativeness of the Polish economy, to make comparisons with other Member States of the European Union, to determine reasons and to propose remedies. The research was carried out on the basis of international statistical data and Polish and foreign literature. The results obtained by the authors led them to conclusions that the Polish economy is not innovative enough and is modernizing very slowly. The reasons of such situation are many. First of all Poland does not possess an adequate telecommunication infrastructure. Next reason is lack of appropriate human resources. The age structure of technical personnel is very disadvantageous, the number of scientists and engineers in the age between 35 and 44 is very small, and young scientists and engineers choose emigration. Polish universities have inadequate personnel, inadequate access to the latest international scientific literature and do not co-operate with industry. As a result Polish universities are placed in very low positions in international rankings. Poland does not guarantee appropriate level of protection of intellectual property. Delayed court proceedings are also a big problem. Polish tax system does not support innovation, and the Polish state insufficiently invests in science. If adequate steps are not taken, Poland will never become an innovative country, which would endanger its development, and its economic growth. The only chance for Poland is immediate reform of public finances, reduction of social transfers, investments in research, reform of judicial system, and reform of the whole education system.
EN
Nowadays, enterprises have to face new challenges. Today, it is not enough to manufacture an unusual brand with new features. Now, a competitive advantage is based on know-how. Therefore, it is in the interest of any firm to introduce or improve the system of intellectual property management. Various firms use different approaches to achieve an improvement in their know-how. The first companies to implement the system of management of know-how were organizations where know-how is a key product and, at the same time, a main resource - consulting companies mentioned in this paper, e.g. HUTMEN S.A. which, through cataloguizing of their know-how wants to ensure an easy access to relevant information; Skandia Group - undertakes a number of initiatives promoting the intellectual property; Toyota - know-how management processes are based on specific organizational culture whose particular elements constitute their chief assets which determine key competence. One can note that the complexity of management of know-how and the intellectual property of an enterprise correlate strongly with its financial condition. Therefore, one should develop and enhance the know-how management methods in order to successfully increase the intellectual property of their enterprise.
EN
Directions of development in biotechnology are determined to a high degree by private corporations. Intellectual property, including patents and related thereto exclusive rights, have turened into a mercantile title to innovations, applicable particularly in respect to production resources for agriculture. Presently, the content of intellectual property rights does not ensure proportional share in benefits to all those who have contributed to its creation. Expansion of intellectual property in agriculture is taking place on a variety of important fields. The State creates the possibility of formulating long-lasting monopolies, existing for 30 and more years. Other examples include the extending of patent rights beyond acceptable bounds, even in the light of the patent laws presently applicable throughout the world, and to some extent also commercial law limits are being exceeded, i.e. the so-called species patents. Specific legal solutions are imposed upon signatories of international treaties in the name of 'harmonizing' internal legal systems of countries. Instrumentation available in Poland used to protect trading in innovative solutions in agriculture should be extended to include exterritorial exhaustion of rights from patents. Assesment of legal solutions available in this field is closely connected with the values relating to moral standards, which should be carried by the applicable law.
EN
The auhor focuse on: 1. Relationship between philosophy and legal science with special focus on intellectual property rights. 2. Crisis of society, connection between the philosophic thinking and the intellectual creative work.
EN
The article reviews the specific features and experience of national innovation systems formation in developing countries, provides recommendations regarding deployment and efficient functioning of national innovation system of Ukraine taking into consideration positive and negative experience of foreign countries. Education is proved to play a special role in building up of developing countries. Generalized structure of the national innovation system of Ukraine is proposed and the role of the state in the structure is shown. The main matters to be addressed for national innovation system of Ukraine formation are defined.
EN
The significance of innovativeness and intellectual capital for the future development of the country is recently widely discussed in Poland. Simultaneously, not much attention is devoted to study of such fundamental area for economy as intellectual and industrial property. In the present study, the author presents the main challenges and problems concerning the protection of intellectual property in Poland.
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EN
Lifelong learning is one of the long-term strategic objectives of the European Union. The concept has evolved from an academic theory into an essential part of the performance and development of companies, institutions, organizations and individuals with various levels of education, age and work experience. Innovative research and development projects and their transfer to the real economy play a special role in that concept. This paper presents Renewed European Agenda for Adult Learning for years 2012 -2014. It points out the areas and the role of innovative research in the development of the knowledge-based economy. The paper lays out ways to promote innovation and facilitate commercialization of scientific research and discusses the main barriers (i.e. lack of talents, insufficient protection of intellectual property rights, complex procedures, low research spending). It also presents the list of innovation and entrepreneurship hubs in Poland.
EN
This papers deals with the problem of the special conflict rules concerning international infringements of intellectual property rights put forward in the Regulation of the European Parliament and the Council on the Law Applicable to Non-Contractual Obligations ('Rome II'). These are Articles 8 and 13 of the Rome II. In these articles the term intellectual property rights means copyright, related rights, the sui generis right for the protection of databases and industrial property rights. The Rome II recognizes the fact that copyright and other intellectual property rights have their own special and universally accepted rules, with which the general rules on non-contractual obligations are not compatible. The first paragraph of Article 8, which refers to national intellectual property rights, therefore, establishes that 'the law applicable to a non-contractual obligation arising from an infringement of a intellectual property right shall be the law of the country for which protection is sought'. The second, regarding 'a unitary Community industrial property right' - indicates that the corresponding EU regulations shall be applied, while any aspects excluded from their scope will be governed by the 'the law of the Member State in which the act of infringement is committed'. On the basis of Article 13 these rules are extended to the infringement arising from other events than torts. Additionally the application of this law cannot be changed by the parties since, contrary to other matters governed by Rome II, they do not have the possibility set out in Art.14 of choosing the law applicable to such infringement. These solutions are based on the universally recognized principle of the law of the country in which protection is claimed (lex loci protectionis). This rule, also known as the 'territorial principle', enables each country to apply its own law to the infringement of an intellectual property right that is in force in its territory. The introduction of a uniform rule on conflicts of law in Rome II should eliminate one of the main reasons for forum shopping. On the other, it facilitates the subsequent recognition and execution, in all of the EU Member States, of judicial decisions on intellectual property right infringements adopted by national courts. Unfortunately, the wording of Article 8 may seem to be ambiguous, which may lead to different interpretations in identical cases. This is particularly important in cases of infringements of intellectual property rights committed through modern means of communication, in particular the Internet. It is difficult to determine the law of the country where the violation was committed because of the difficulties in localizing the infringement. As a consequence Art. 8 should be challenged for not incorporating a specific solution for intellectual property right infringements when the effects are felt in several member States. The conclusion of the paper is that the introduction of the 'lex loci protectionis' rule in the Rome II should be in general welcomed. That solution, however is not entirely satisfactory.
EN
In this article author discusses legal aspects of research contracts in Polish civil law. The research contracts are usually contracted between academic bodies and undertakings which are focused on production based on modern technologies. Author focuses his attention on rights and obligations parties of research contracts and the object of the contracts mentioned here. In general, the object of the obligor's promise (the object of the contract) is “research work”. Contractor, on the other hand, is obligated to pay for the contracted work. The legal nature and the rules of civil law which should be applied to evaluate the legal consequences of the contracts mentioned above has been of particular interest to the author. The author expresses the point that the essential elements of the research contracts distinguish them from the contracts for a specific works (art. 627 et. seq. of the Civil Code) and contracts of mandates (art. 734 et. seq. of the Code mentioned above). The research contract can be classified as a mixed contract. Dealing with this problem, especially while we take into consideration Polish legal, social and economical conditions, seems really essential for the author.
EN
In the 80s and 90s the accelerated development of technology caused several changes in most sciences, even in the field of business formations. The classical value chain transformed, the university science centres obtained a bigger focus and the role of research organisations is getting more and more important. New business form emerged and became popular: the academic spin-off firm. However, the spin-off companies are well-known and widely used ventures in the corporate business for a long time, especially at technology-oriented industries. For the time being, there is plenty of literature and completed surveys available regarding both academic and corporate spin-off. Some of them are engaged to reveal the critical success factors of spin-off companies and several models were created. The hypothetical question of this study whether common success factors do exist for both types of spin-off even if they are established in quite different environments. Using the relevant international literature and available public data of academic and corporate spin-off firms, six aspects were investigated: 'Raison d' etre', management, investment, networking, location and relation to intellectual property. As a result of this study, common success factors of spin-off companies having different origins could be identified.
EN
The article briefly summarizes history of the development of the Intellectual property law within the mutual Slovak and Czech scientific cooperation, especially focusing on the period of transformation after the year 1989. Slovak legal science had stepped into this process fully ready since the 1990 and had properly reflected new European and global challenges of that time (EU, Council of Europe, WIPO, WTO etc.). The author who was at that time actively involved into this process (by his scientific, pedagogical activities as well as within the framework of active international cooperation), nevertheless after more than twenty years he claims not only positive, but also some negative results of this process. He stresses their importance and offers them as a new challenge especially to the new generation of legal scientists in this field. (Paper prepared for Olomouc Days of Law, Palacky University, Olomouc, Czech Republic, 24th – 25th May 2012)
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