PRAWA WŁASNOŚCI INTELEKTUALNEJ JAKO SKŁADNIKI MAJĄTKÓW MAŁŻONKÓW W ŚWIETLE ART. 33 PKT 9 K.R.O.
INTELLECTUAL PROPERTY RIGHTS AS ELEMENTS OF SPOUSES’ PROPERTY IN THE LIGHT OF ARTICLE 33(9) OF THE FAMILY AND GUARDIANSHIP CODE

Summary/Abstract: The reason for considering the issue of intellectual property rights as elements of spouses’ property is the ongoing technological revolution, as a result of which ownership and the structure of production factors are changing, and intellectual assets are gaining in importance. The paper first presents terminological issues related to the concepts of ‘intellectual property’, ‘intangible goods’ and ‘intellectual property law’. Having clarified these issues, the basic construction assumptions of the legal marital property regime are discussed in the context of the allocation of Intellectual Property Rights, which is established by the Family and Guardianship Code. The final comments present an assessment of the applicable provisions of the Family and Guardianship Code which pertain to intellectual property rights.

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