Korzystanie ze znaku towarowego jako odrębne pole eksploatacji utworu

• Main Author: Joanna Błeszyńska-Wysocka
• Format: Article
• Language: English
• Published: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego 2017-01-01
• Series: Acta Iuris Stetinensis
• Subjects: exclusive rights; work; field of exploitation; trade mark
• Online Access: https://wnus.edu.pl/ais/pl/issue/592/article/9097/

Trademarks on the market in their presentation layer are increasingly characterized by creative individuality, fulfilling the requirements of a work within the meaning of Article 1 of the Act of 4 February 1994 on Copyright and Neighboring Rights. It is therefore worthwhile to consider the extent to which the use of a trademark constituting a work enters into a copyright to a work, and in particular whether the use of a trademark constituting a work forms the separate field of exploitation. This article attempts to answer the above questions as well as to confront the definition of the work with the definition of the trademark, and to establish the relationship between subjective rights to these goods (the basis for their protection) and the terms and conditions for exercising the rights to them.