Abstract

The article discusses the right to implement an architectural design. This right is regulated by Art. 61 of the Act of 4 February 1994 on Copyright and Related Rights. The vague wording of the above-mentioned provision, most likely dictated by the need to ensure flexibility in the application of the legal norm expressed therein, results in a multitude of interpretations (sometimes contradictory) in case law and jurisprudence. However, this provision has an important practical meaning, and the right to implement an architectural design interferes with the author’s economic rights, which are absolute rights serving to protect the interests of authors and other authorized entities. Therefore, in the context of ensuring the certainty of legal transactions it is necessary to define the characteristics and content of this right . In the article, the author makes an attempt to characterize the above-mentioned right and engages in a polemic with the previous statements of the courts and representative of jurisprudence.