Abstract

Pursuant to the Act of 4 February 1994 on copyright and related rights the duration of author’s proprietary rights is generally 70 years post mortem auctoris. However, in accordance with Art. 116 to the Industrial Property Act of 30 June 2000 products manufactured by means of an industrial design and put on the market after the lapse of the right in registration granted for such a design shall not benefit from the protection of author’s economic rights. This article in the first place deals with the scope of application of the above provision as well as the related construction issues. Then, it provides an analysis of conformance of Art. 116 of the Industrial Property Act with international and EU laws, as well as the assessment of its significance with regard to Community designs.