POLISH MODEL OF THE PROTECTION OF COPYRIGHT IN THE EASTERN GALICIAN IN 1921–1939
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 6, Issue
Abstract
The article analyzes the legal regulation of the sphere of copyright in the territory of Eastern Galicia in 1918–1938. It was ascertained that during this historical period, Eastern Galicia was part of Poland, and therefore, Polish legislation acted on its territory. On the basis of the normative base, and certain theoretical developments, a number of legislative steps by the Polish authorities in the process of forming their own system of legal protection of copyright objects, which was introduced on those Ukrainian lands that became part of Poland, are shown. It has been clarified that Polish legislation in the field of intellectual property in general and copyright in particular in contrast to neighboring countries, in particular Czechoslovakia, was formed with minimal use of previous legal traditions, since the latter were formed within the two empires between which the Polish lands were divided. The author uncovered the process of working out of the legislation on copyright of Poland, which was carried out by a special commission, which involved a number of leading lawyers. The new legislation consolidated a clear division into personal and non-property rights and stressed the inalienability of the latter. It was established that the main direction of the government’s activity after the restoration of Polish statehood was the development of a qualitatively new copyright law, in particular, adapted to international standards of protection, enshrined in the Berne Convention. This process ended in 1926. The author emphasizes the peculiarities of the legislation in the field of copyright, which included norms on administrative and criminal legislation. On the basis of the legal framework, the establishment of the Institute of Copyright Management, which was formed on the basis of the provisions included in the law on agency agreements, is shown. It was established that after the adoption of the new legislation, responsibility for the violation of copyright was strengthened, penalties were increased and certain criminal offenses were foreseen. The system approach of the authorities to the development of legislation allows to state the high level of preparation for its preparation.
Authors and Affiliations
В. А. Іващенко
Keywords
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