Prawo wynalazcze a prawo pracy (wybrane zagadnienia)

Abstract

Deriving profits from the sale of creative thought became presently the most secure way to obtain positive results in states economic policies. The demand for technological innovations is small in spite of instituting rights „rewarding" those establishments which are applying patent designs in the economic reform. Favorable positioning of inventors in the recent Patent Law Act amended, has neither stimulated the inventiveness. A question can be thus posed: since it is claimed that the Patent Law is good why then the effectiveness of inventive activity is highly insufficient. It seems, that this dillemma can be soled, apart of looking into economic conditioning, by examining domains alien to patent Law and implementing regulations, i.e. in the domain of Labor Law, social security, and widely understood policies towards creators. Facing the fact that creativity, including inventiveness requires much more socially and individually indispensable time than any other work, we end up with the „sui generis barrier of leisure time" or more generally „barrier of life burden" in the countries where realization of daily extra labor duties is tiresome and time consuming. The complex regulation of creator's status in Labor Law can be helpfull in its removal. The previous realization of the specific features of creativity projecting on the need of its separate regulation is the prerequisite as well as realization of meeting points of Labor and Patent Laws presented in this article.