Legal aspects of an administrative enforcement of intellectual property rights

• Main Author: Władysław Grześkiewicz
• Format: Article
• Language: Polish
• Published: Wydawnictwo Naukowe Uniwersytetu Mikołaja Kopernika 2017-12-01
• Series: Prawo Budżetowe Państwa i Samorządu
• Subjects: administrative enforcement; copyrights and related rights; intellectual property rights
• Online Access: http://apcz.umk.pl/czasopisma/index.php/PBPS/article/view/PBPS.2017.024

Enforcement of copyrights and related rights, and industrial property rights is one of enforcement measures in the administrative enforcement proceedings relating to monetary claims. There is a great number of registered industrial property rights and tax arrears. However, the administrative enforcement body takes advantage of copyrights and related rights and industrial property rights in a limited scope. The paper will introduce the application of enforcement measures subject to article 96a-96i of the Act on enforcement proceedings in administration. Its purpose is to present one of the enforcement measures, namely the enforcement of copyrights and related rights, and industrial property rights, which is an enforcement measure which enforcement bodies find difficult to apply, owing to its complexity. The paper reviews the subject literature and regulations on the administrative enforcement proceedings.