TOWARDS FAIR DIVISION OF BENEFITS FROM PATENT RIGHTS: REMUNERATION FOR EMPLOYEE-INVENTOR IN POLISH LEGAL SYSTEM AND IN COMPARATIVE CONTEXT

Remuneration for the employee-inventor is the key element to stimulate the development both in business and academic units for the beneficiary of the whole society. The first element that should be taken into consideration in the given analysis is to whom right to obtain patent belong and later - in case the right to patent belong to employer - whether and how employee-inventor should be remunerated. Both of those problems are differently set in different jurisdictions. Polish law adhere to the systems which by statute prescribes right to obtain patent in case of employee inventions to employer and also by statue guarantee remuneration for employee-inventor both in business and academic environment. The conclusion of the article is that despite of the fact that the statutory provisions are reasonably and fairly constructed there in certain elements they are vague and left  much space for the internal regulation of economic entities and higher educational institutions, which at the end of the day might change the overall assessment and work better for those entities than for the employees

Human Resource Development within European Social Fund in Poland

The purpose of this article is to demonstrate and illustrate the results of spending meas‑ ures in Poland of European Social Fund (ESF), which supports human resource develop‑ ment and, in particular, the systematic improvement of employee qualification. A start‑ ing point is the presentation of the European Social Fund in Poland. Then the Human Resource Development (HRD) is defined and analyzed from a few theoretical perspectives. In the following part of the article an analysis of progress is made in implementation of the strategic objectives of the Human Capital Operational Program (HCOP) and then the results of the implementation of the European Social Fund in Poland are presented. The final section shows conclusions and future research directions

THE PROBLEM OF THE INDETERMINATE DEFENDANT IN TORT LAW IN EUROPE

The article discusses the problem of the indeterminate defendant in European tort law systems and in the projects aiming to unify tort law in Europe, such as Draft Common Frame of Reference and Principles of European Tort Law. The given issue relates to a situation where there is a damage caused by one factor, yet upon available evidence one may indicate a few potential factors which might have led to the damage, but it cannot be ascertained which factor was the actual cause of it. The problem is addressed with reference to two scenarios. First, when there is a limited and known number of persons acting tortiously, each of whom potentially might have led to the damage, but only one of them had actually caused it. Second, when it is certain that one tortfeasor from the undetermined group of tortfeasors caused damage to some of the injured persons from the group of the injured persons, but it cannot be established precisely which tortfeasor caused damage to precisely which injured person. In comparative law analysis, one may find various attempts to deal with the given issue, which come from the balance of ratios given to different solutions, as well as the legal possibilities or obstacles in national tort law systems. The main possibilities are: all-or-nothing approach, joint and several liability, and proportional liability. Those solutions are discussed in article in more detail with conclusion that the bold proposition of proportional liability presented in Principles of European Tort Law seems to be the most appropriate

Sprawozdanie z konferencji naukowej „Standardy wspołczesnych mediow”, Warszawa, 15–16 I 2009

Konferencja zorganizowana przez Fundację „Forum Własności Intelektualnej”, Inicjatywę „Media Standard” oraz Szkołę Wyższą Psychologii Społecznej w Warszawie zgromadziła przedstawicieli mediów, prawa, nauki oraz studentow. Celem spotkania była analiza najistotniejszych problemow środowiska dziennikarskiego zwią zanych z obecnie obowiązującymi przepisami prawa, a w szczegolności unormowaniami Prawa prasowego oraz perspektywą jego nowelizacji. Program dwudniowej konferencji podzielono na trzy bloki tematyczne, zatytułowane: „Między wolnością a prywatnością”, „Wolność słowa – teoria i praktyka” oraz „Prawo prasowe – ewolucja czy rewolucja?”

Glosa do uchwały SN z 5 II 2010 r., III CZP 127/09

This critical gloss on the Supreme Court judgment considers an eff ectiveness of a power of attorney issued by, so called, large housing community (dużą wspolnotę mieszkaniową) to its board. In the given judgment the Supreme Court ruled that on the basis of art. 21.3. of the Ownership of Premises Act (ustawa o własności lokali z 24.06.1994r. Dz.U. z 2000 r. Nr 80, poz. 903, ze zm.) housing community cannot issue a power of attorney to its board for establishment of an easement of passage. Author disagrees with that and proposes functional interpretation of articles 21.3. and 22.2 of the Act. It is claimed that among actions exceeding ordinary management distinction should be made between those that just administer the co-owned estate and those which aff ects property rights of members of the community (like in case of establishment of an easement of passage). In the second group, a power of attorney granted on the basis of art. 22.2. to the members of the board enables them to make statements that aff ect rights of all members of the housing community, regardless of the fact that this eff ect is explicitly mentioned in art. 21.3. only for three kinds of actions. The reasoning is fi rstly, that granting power of attorney in this kind of action is obligatory on the basis of art. 22.2 of the Act and secondly, that voting procedure does not demand unanimity but only a majority consent. Therefore, an obligatory power of attorney granted on the basis of art. 22.2. of the Act aff ects property rights of all members of the housing community, despite of the fact that not all of them might have agreed on that. Other interpretation would made given power of attorney in other cases than those literary expressed in art. 21.3. of no practical meaning, like for example, in case of establishment of an easement of passage, which was the factual background in the commented case

Semi-linear all-polarization-maintaining Yb-doped fiber laser oscillator manifesting dual operation regime at net anomalous dispersion

Ultrafast all-fiber Yb-doped fiber oscillators are usually associated with all-normal-dispersion cavities, which operate in a dissipative soliton regime, quintessential for pulsed operation at the wavelength of 1 {\mu}m. This work presents an all-polarization-maintaining Yb-doper fiber laser oscillator that operates in a dispersion-managed dissipative soliton regime, thanks to incorporating a chirped fiber Bragg grating. The oscillator, mode-locked via a nonlinear optical loop mirror, has an unconventional semi-linear cavity of net anomalous dispersion. Unlike in standard ring resonators, the ultrashort pulse undergoes amplification twice per cavity roundtrip. Additionally, we report a duality of pulsed operation states depending on the pumping power. Strikingly, the oscillator can work in a~subregime similar to the standard dissipative soliton, facilitating further energy scaling at anomalous dispersion. We characterize the low-noise setup capable of delivering pulse energy as high as 6.4 nJ using standard single-mode polarization-maintaining optical fibers.Comment: 8 pages, 6 figures, preprin