The Supreme Court – Civil Chamber in it judgment of 13 January 2006, case file III CSK 40/05, published in the Supreme Court’s Bulletin of 2006, No 3, the “Wokanda” magazine of 2006, No 6, p. 6, the Review of Economic Legislation (in Polish: Przegląd Ustawodawstwa Gospodarczego) of 2006, No 7, p. 32, held that the expression of human intellectual activity which lacks adequate individuating characteristics, i.e. that it would distinguish it from other products of similar nature and purpose, cannot be regarded as a work that is a subject to copyright protection. The dependent copyright may arise if there already is – and simultaneously exists – the right to the “original/primary” work, which was creatively worked out by a person who claims the right to dependent copyright.

See also “Polish regulations on copyright” and “Polish case law on copyright“.

Categories: Art. 1 ARNR | Art. 2 ARNR | copyright law | copyrightable subject matter | derivative work | Polish Act on Authors Rights and Neighbouring Rights | Polish Supreme Court.