The Voivodeship Administrative Court in Łódź in its judgment of 20 December 2010 case file II SAB/Łd 53/10 ruled that the fact that different authors create questions from different fields of medicine for the National Specialist Examination, and these questions are copyrightable works within the meaning of the Article 1(1) of the Polish Act on Authors Rights and Neighbouring Rights, does not exclude the possibility that the Authority could create, on the basis of these works, the examination test that will be used to carry out the National Specialist Examination.
Article 1(1). The subject matter of copyright is any expression of creative activity having individual character and manifested in any material form, regardless of the value, intended purpose and manner of expression thereof (work).
Art. 4. The following shall not be protected by copyright:
(1) normative texts and the drafts thereof,
(2) official documents, documentary material, devices and symbols,
Therefore, the works used for the state examination are deemed as official documents and the unused questions which are known as the “pool of questions” are official documentary materials within the meaning of Article 4(2) of the ARNR.