On 1 July 2020, an amendment to the Code of Civil Procedure came into force, introducing specialised courts for the protection of intellectual property. As a result, it was necessary to define the scope of cases to be decided by specialised courts. In the monograph, the decision of an intellectual property court as to the scope of its material or local jurisdiction has been presented in a broader context of the specifics of the organisation of intellectual property courts and the scope of cognition. The author thoroughly discusses the difficulties of qualification arising from the broad boundaries of intellectual property, the concurrence of the norms of competition protection and protection against unfair competition and the issue of the commercial use of personal rights. Another advantage of the publication is references to legislative drafts which indicate the goal that the drafter of the bill, and later the legislature, wanted to achieve. Using them for dogmatic analysis broadens the knowledge about the objective context of a legal act, and facilitates objectivised analysis of ratio legis.
In the conclusion of his editorial review, Dr hab. Paweł Podrecki, Prof. of ILS PAS pointed out that the monograph is a critical look at the process of introducing legislative changes in intellectual property adjudication, which warrants high substantive assessment of it. The book may serve as an inspiration and reflection, paving the way to new measures, which may prove to be a more effective tool for law enforcement.
The Open Access publication is available at e-Biblioteka Prawnicza.
We encourage you to read!
Autor: Krzysztof Kurosz
Recenzje: dr hab. Paweł Podrecki, prof. INP PAN
Seria wydawnicza: Frontier Research
Rok wydania: 2021
e-ISBN: 978-83-66300-40-8 (ebook)
Ilość stron: 120
Format: ebook pdf, druk
Cena: 25 zł brutto