Twórczość i jej ochrona w świetle projektu księgi pierwszej kodeksu cywilnego
Creativity and Its Protection in the Light of the Draft of the First Book of the Civil Code

Summary/Abstract: The aim of the article is to examine if the new civil code can be the basis for unravelling problems relative to the protection of human creative efforts, focused around the concept of “creativity”. The research work is based on the assumption that difficulties in determining the appropriate level of rights protection, which can last for several decades, make a legislative initiative necessary. Proper legal regulation could contribute to the elaboration of an efficient method of protection, especially in places where the detailed regulations are still clearly insufficient. Analysis of structures adopted in the project to protect “creative achievements” leads to the conclusion that, in spite of the extensive directory of protective measures, regulations are still insufficient due to difficulties in determining the exact subject matter of protection required to ensure that those rights are protected sufficiently.

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