http://hdl.handle.net/11320/1660 2026-06-01T16:13:09Z 2026-06-01T16:13:09Z Michałowski, Rafał http://hdl.handle.net/11320/1813 2022-07-13T10:55:49Z 2009-01-01T00:00:00Z

Tytuł: Charakter prawny oraz konsekwencje naruszenia pierwszeństwa w nabyciu nieruchomości Zasobu Własności Rolnej Skarbu Państwa Autorzy: Michałowski, Rafał Abstrakt: Nature and consequences of violation of priority in acquisition of property have not been clearly defined by legislator and cause many problems in application. There is a discrepancy in opinions of legal doctrine and in the jurisdiction regarding the said issue. Author stated that the person who accepted the selling price and other conditions set out in notification sent by Agricultural Property Agency, has a right to submit a claim to the court for compulsory conclusion of the property sale agreement. In case of violation of priority, Agricultural Property Agency is liable for causing damage. However, there are no justified reasons to agree that violation of priority causes invalidation of the property sale agreement.

2009-01-01T00:00:00Z Stańko, Marek http://hdl.handle.net/11320/1812 2022-07-13T10:54:23Z 2009-01-01T00:00:00Z

Tytuł: Odpowiedzialność za produkt żywnościowy w polskim systemie prawnym Autorzy: Stańko, Marek Abstrakt: A precise definition of the principles and basis of the food product liability is included in an unusually broad scope of the food safety subject matter. Having regard to the whole set of Polish legal tools for food safety, the reader’s attention was focused on civil-legal aspects of producer’s liability for harm caused by food product’s defect. The idea of the article, however, was not exclusively a detailed legal analysis of Polish legal solutions within this subject matter, but mainly an attempt to interpret these regulations which arouse most doubts in the Polish practice, especially from the point of view of their compliance with the Community regulations. The legal harmonization is undoubtedly of crucial importance in this sphere. It needs emphasizing that the majority of essential legal issues related to the subject matter of food safety as formulated in the Community law has been reflected in the Polish legislation. Currently this subject matter is regulated on the Polish legal area by the act of 25August 2006 about the safety of food and feeding. It can be claimed, however, that the regulation of the liability for harm caused by unsafe product (comprising also the notions of agricultural produce and food product) in the Polish legislation complies with the requirements of the Community law. The shortcomings pointed out in the course of considerations absolutely do not allow to conclude that the objective of harmonization has not been achieved. This does not eliminate, however, the necessity to bring about changes postulated in the course of legislative considerations. In the Polish doctrine it is stressed that from theoretical, dogmatic point of view especially the new regime of liability for unsafe product (comprising agricultural produce and food product) should constitute a facilitation for claims to be made by the harmed person. It will, however, be the judicial practice which will decide about its legal efficiency.

2009-01-01T00:00:00Z Korzycka–Iwanow, Małgorzata http://hdl.handle.net/11320/1811 2022-07-13T10:50:38Z 2009-01-01T00:00:00Z

Tytuł: Wyłączne prawo do odmiany (breeder’s right) w obszarze własności intelektualnej Autorzy: Korzycka–Iwanow, Małgorzata Abstrakt: The concept of intellectual property in the legal systems of individual states is constantly expanded, also because of accession to international conventions, treaties and agreements. Primarily however, the subject scope increases steadily as a growing number of so-called intellectual subjects achieve the status of non-material property, to which exclusive rights apply. The exclusive right to a plant variety, regulated by the Law of June 26, 2003 on the legal protection of plant varieties , on grounds of a model laid down in the International UPOV Convention , is regarded an industrial property law. The breeder’s right should thus be considered a neighbouring right or one related to the rights gathered under the collective title of industrial property. The WTO/TRIPS Agreement creates an international standard of protection for plant varieties, obligating states to protect plant varieties by patents, sui generis rights or a combination of the two. The prohibition of patenting plant and animal varieties within the European Patent Convention, directive 98/44/EC on the legal protection of biotechnological inventions and domestic legislation on protection of industrial property – do not mean that the exclusion refers to plants and animals per se. Exclusion from patenting does not concern microbiological cultivation nor the effects of this which allows patent protection of inventions from the sphere of biotechnology (biotechnological inventions). It appears that the decisive factor, significant for the further development of exclusive rights to variety, is the extent of protection awarded to its cultivator, which at the same time will condition the legal situation of the variety’s user (land possessor).

2009-01-01T00:00:00Z Gała, Paweł http://hdl.handle.net/11320/1810 2022-07-13T10:49:03Z 2009-01-01T00:00:00Z

Tytuł: Odstępstwo rolne na tle innych licencji ustawowych Autorzy: Gała, Paweł Abstrakt: The institution of “agricultural exception” involves the legally permitted possibility of departing from the accepted system of protecting plant varieties in order to secure the interest of farmers. This institution of the law allows them to pursue their interest by using, in their own farmsteads, harvested material from a protected variety as sowing material without having to obtain the cultivator’s consent, against adequate payment or without the obligation to make any payment. If one perceives agricultural exception in such a way, its legal nature makes it enter into the wider category of statutory licences related to non-material interest. The shape of the institution makes it resemble permitted private use, and in particular permitted public use, i.e. statutory licences related to copyright. However, agricultural exception has a number of properties that make it differ from statutory licences related to industrial property or copyright. The following features make agricultural exception differ from other statutory licences: the specific fundamental nature of the public interest that agricultural exception contributes to (securing the food security of a country), the specific manner of shaping of a limited group of entities the privilege is intended for, resulting from the application of this institution of law (it relates exclusively to farmers), the specific rules related to the direct payment of fees by the entities benefiting from the rule of agricultural exception: the fees are paid directly to the cultivators who are authorised to receive them under their exclusive right to the respective varieties. All these specific features constitute arguments for considering the institution of agricultural exception as a separate statutory licence of the agricultural law.

2009-01-01T00:00:00Z