Intellectual Property Protection

Intellectual property law covers inter alia the following issues:

• protection of trade marks

• transfer of immovable property

• family relationships

• theft of movables

One of the requirements for granting protection to a work under copyright law is that:

• the work is submitted to ZAIKS

• the work is registered

• the work is established

• the work is patented

A work within the meaning of copyright law:

• may be a manifestation of a human activity which is not creative in nature

• may be a manifestation of nature itself

• has to be a manifestation of human's creative activity

• may not be a scientific work

A derivative work covers:

• each work which is inspired by other work

• translation of work into the foreign language

• each artistic work

• each patented work

Author's moral rights:

• are unlimited in time

• expire after the lapse of seventy years from the death of the author

• expire after the lapse of fifty years from the death of the author

Author's economics rights:

• are transferable

• are not transferable but can be inherited

• are not transferable and cannot be inherited

• may be transferred only in the form of notarial deed

The permitted use (exceptions and limitations):

• allows the use of distributed works in any way, as long as the use is not of a commercial nature

• allows, among other things, quoting extracts from distributed works to the extent justified by the purpose of the quotation

• allows construction based on an architectural design published in a professional journal

• allows the use of every work in any way by everyone

Related (neighbouring) rights include, among others:

• trademark right of protection

• the rights of artistic performers

• author's moral rights

• ownership of movables

Protection under copyright law does not apply to:

• amateur photography

• computer programs

• legislative instruments

• paintings

Dissemination of a person's image in principle:

• does not require the consent of the person concerned

• requires the consent of the person concerned, which consent may be given in any form

• requires the written consent of the person concerned on pain of nullity