Intellectual property and personal data protection

obligatory courses

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A course comprising basic aspects of a copyright law, industrial property law and personal data protection act, intended for the III-rd year students of the Department of Physics.

The aim of the course is to familiarise chosen groups of the III-rd year students of the Department of Physics with basic aspects of industrial property law and personal data protection act and, in consequence, acquiring by them practical knowledge concerning the most important instruments and notions of Polish Law related to the said aspects.

Course framework

I/Basic notions concerning the intellectual property

II/Division of the intellectual property

1/history and sources of the protection of copyright,

2/ history and sources of the protection of industrial property,

3/ history and sources of the protection of know-how.

III/ Copyright law

1/The subject of the copyright law

a/What is a creation in the understanding of the copyright law?

b/Who is a creator, a co-creator, in the understanding of the copyright law?

c/ When an employer and a scientific institution acquire a status of a subject of the copyright law?

3/ The content of the copyright law

a/types of the copyright,

b/ lasting time of the copyright,

c/transfer of the copyright, inheritance, legal agreements concerning the copyright,

d/ protection of the copyright,

e/ allowable use of protected creations;

4/A plagiarism

a/ a nature of a plagiarism,

b/ types of plagiarism,

c/premises of civil and criminal liability;

5/Cases from academic life concerning among others:

a/establishing an author of the diploma thesis within an aspect of the copyright law,

b/ establishing, within an aspect of the copyright law, the rights to publish the diploma thesis,

6/Sanctions

IV/The industrial property law

1/ The subject of the industrial property law and types of industrial property rights:

a/ trade marks: the notion and content of a trade mark in the understanding of the industrial property law, types of trade marks, rules for granting the protection right for a trade mark, principles of protection,

b/inventions: the notion of an invention in the understanding of the industrial property law, categories of inventions, rules for granting a patent, principles of protection,

c/utility models: the notion of a utility model in the understanding of the industrial property law, premises for granting the protection right for a utility model, principles of protection,

d/industrial designs: the notion of an industrial design in the understanding of the industrial property law, premises for granting the registration rights, principles of protection,

e/ geographical indications: the notion of a geographical indication in the understanding of the industrial property law, functions of geographical indications, premises for granting the registration rights, principles of protection,

f/topographies of integrated circuits: the notion of a topography of an integrated circuit in the understanding of the industrial property law, rules for granting the registration rights, principles of protection.

2/Basic principles concerning industrial property rights.

V/ Personal data protection

1/Subject and object of protection,

2/Legal definitions,

3/ Personal data protection authority,

4/ Principles of personal data treatment,

5/Protection of personal data,

6/Sanctions.

Expected workload of a student:

1/participation in the activities: 30h

2/ preparation for the exam: about 16h

1/ Copyright and neighbouring rights protection law of 4 Feb.1994 (uniform text of 17 May 2006 (Official Journal No 90, pos.631 with later amendments));

2/ Act of 30 June 2000 – Industrial Property Law (Official Journal of 2003, No 119, pos.1117 with later amendments);

3/ The personal data protection act of 29 Aug.1997 (uniform text of 17 June 2002 (Official Journal No 101, pos.926 with later amendments));

Acquiring basic knowledge concerning intellectual property laws and the personal data protection act. On completion of the course a student should, in particular:

1/ know, at a basic level, and interpret legal regulations comprised by the course,

2/be able to apply the said regulations in market practice , including among others: knowledge how effectively protect their intellectual property rights , how to obtain an exclusive right to an invention, a trade mark, an industrial design, a utility model, a geographical indication, how to protect a creation, know-how, how legally use other people copyright, how transfer and buy copyright, how to protect patients personal data, how to safeguard them, treat them and keep them;

3/recognise the most important notions and legal instruments existing in Polish legal system.

Oral exam based on stochastically chosen questions and cases.

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