Ochrona prawnoautorska oznaczenia towarów i usług, czyli o dylemacie rejestracji znaku towarowego
Copyright protection of good and services signs: registering trademark dilemma

Summary/Abstract: The literature on the subject, there are no studies discussing the alternatives for the protection of signs of goods or services in relation to trademark registration. Therefore, this work analyzes the signs of goods, their protection, and the benefits of using them based on the provisions of copyright law. The considerations aimed at showing the differences that may indicate the need to register the signs of goods in the Patent Office of the Republic of Poland or the lack of such need. In conclusion, it was stated that the signs of goods may be sufficiently protected by the provisions of the Copyright Act, which is supported by such arguments as exclusivity for all forms of use of the protected sign, transferability of proprietary copyrights, the scope of claims to which the holder is entitled, expected duration of protection, its deformation and free of charge. However, it was emphasized that the most difficult in claiming protection under the Copyright Act may be its basic prerequisite, namely proving that the signs of goods are a composition within the meaning of the Copyright Act.

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