Prawo wynalazcze a prawo pracy (wybrane zagadnienia)
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Date
1986
Authors
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Journal Title
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Publisher
Wydział Prawa i Administracji UAM
Title alternative
Patent law and labor law (selected problems)
Abstract
Deriving profits from the sale of creative thought became presently the most
secure way to obtain positive results in states economic policies. The demand for
technological innovations is small in spite of instituting rights „rewarding" those
establishments which are applying patent designs in the economic reform. Favorable
positioning of inventors in the recent Patent Law Act amended, has neither
stimulated the inventiveness. A question can be thus posed: since it is claimed
that the Patent Law is good why then the effectiveness of inventive activity is
highly insufficient. It seems, that this dillemma can be soled, apart of looking into
economic conditioning, by examining domains alien to patent Law and implementing
regulations, i.e. in the domain of Labor Law, social security, and widely understood
policies towards creators. Facing the fact that creativity, including inventiveness
requires much more socially and individually indispensable time than any
other work, we end up with the „sui generis barrier of leisure time" or more
generally „barrier of life burden" in the countries where realization of daily extra
labor duties is tiresome and time consuming. The complex regulation of creator's
status in Labor Law can be helpfull in its removal. The previous realization of the
specific features of creativity projecting on the need of its separate regulation is
the prerequisite as well as realization of meeting points of Labor and Patent Laws
presented in this article.
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Sponsor
Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 48, 1986, z. 1, s. 77-94