A brief presentation outlining the scope of software i

1. Software interface protection in Poland Relevenat Polish IP laws: - Author's Rights Act (1998) - EU Directive 91/250 Polish software IP laws based on the EU directive: ECJ judgements are relevant

3. Hard to draw a line between inspiration and mere adaptation

4. Software interface protection in Poland Author's Rights Act (1998): Art. 1 – general definition of the works covered by the author's rights Art. 17 – general protection of author's rights to manage his/her works Art. 74 – software-specific rules (art 2 of the EU directive)

5. Software interface protection in Poland 1. Interface protected by the general author's rights 2. Interface not protected by the software-specific rules.

6. Software interface protection in Poland 1. Interface protected by the general author's rights Art. 1 of the Act provides protection for every creative manifestation in every form Interface is a graphic or literary manifestation.

7. Software interface protection in Poland Copying of the interface is prohibited by Art. 2.1. of the Act: adaptation of a copyrighted work falls within the original work's copyright. Art 2.4. of the Act: inspiration by a copyrighted work does not fall within the 'adaptation' regime.

8. Software interface protection in Poland 2. Interface not protected by the software-specific rules. Art. 74.2. protecting author's rights to software doesn't apply to interface (ECJ case C‑393/09)

9. Software interface protection in Poland ECJ case no C‑393/09 (BSA v Ministry of Culture of the Czech Republic): „ a graphic user interface is not a form of expression of that program within the meaning of Article 1(2) of Directive 91/250 [ 74.2 of the Polish act ] and thus is not protected by copyright as a computer program under that directive. Nevertheless, such an interface can be protected by copyright as a work by Directive 2001/29 if that interface is its author’s own intellectual creation.”

10. Software interface protection in Poland Conclusion: - similar to the solutions in other EU countries - no relevant domestic court decisions - general author's rights to be used

11. For IP legal assistance in Poland contact: Mr Stefan Ciesla Certified legal counsellor (member of the Warsaw Bar of Legal Counsellors) [email_address]