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  1. 1 Ius Novum

  2. 1 Kwartalnik Prawa Prywatnego

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  1. 2 Nieweglowski A.

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  1. 2 2010

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RIGHTS AND OBLIGATIONS OF PARTIES TO THE RESEARCH CONTRACT (Prawa i obowiązki stron umowy o prace badawcze)

100%
Nieweglowski A.
Kwartalnik Prawa Prywatnego
|
2010
|
vol. 19
|
issue 4
947 - 1003
EN
In this article author discusses legal aspects of research contracts in Polish civil law. The research contracts are usually contracted between academic bodies and undertakings which are focused on production based on modern technologies. Author focuses his attention on rights and obligations parties of research contracts and the object of the contracts mentioned here. In general, the object of the obligor's promise (the object of the contract) is “research work”. Contractor, on the other hand, is obligated to pay for the contracted work. The legal nature and the rules of civil law which should be applied to evaluate the legal consequences of the contracts mentioned above has been of particular interest to the author. The author expresses the point that the essential elements of the research contracts distinguish them from the contracts for a specific works (art. 627 et. seq. of the Civil Code) and contracts of mandates (art. 734 et. seq. of the Code mentioned above). The research contract can be classified as a mixed contract. Dealing with this problem, especially while we take into consideration Polish legal, social and economical conditions, seems really essential for the author.
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SELECTED ISSUES OF CO-AUTHORSHIP OF SCIENTIFIC WORKS (Wybrane zagadnienia wspólautorstwa w pracach naukowych)

100%
Nieweglowski A.
Ius Novum
|
2010
|
issue 2
174-188
EN
The author discusses the issue of co-authorship of scientific works. The adopted meaning of 'scientific works' is very broad, not limiting the matter to the sphere of copyright which is naturally brought to mind. Co-authorship in the discussed field is examined on three planes. The first one is copyright. The second one is intellectual property law, especially a problem whether an author of a scientific work can be treated as a co-inventor. The last, third plane, deals with the provisions of the civil code in connection with publicity rights which, among others, refer to scientific work. According to the author, not only scientific work is protected but also scientific co-work treated as a publicity right. The civil code can supplement the role of copyright and intellectual property law in this respect, protecting the interests of those authors of scientific works who are not protected by those latter acts. Discussing the issues, the author focuses on the analysis of the binding legislature in Poland. He also formulated conclusions de lege ferenda, calling for some changes in law.
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