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Nature of Licensing Agreements
POL1 The holder of an intellectual property right (licensor) uses a licence to grant the right to use that intellectual property to a third person (licensee). The licensee does not become the owner or holder of the right but merely acquires the right to use the intellectual property under the terms of the licence.
POL2 A licence agreement has many traits in common with a rental or lease agreement, but differs in certain respects. Whereas a rental or lease agreement applies to a corporeal item, which generally can only be used by one user at a time, a licence agreement applies to an incorporeal (intellectual or intangible) item, which generally can be used in multiple locations by multiple parties
POL3 In addition, although a rental or lease agreement grants the renter or lessee possession of the goods rented or leased, a licensee obtains abstract rights. Most types of intellectual property may be subject to a licence, including:
POL4 Occasionally, a licence involves complex rights, such as copyrightprotected software along with a trade mark-protected product name or a patent-protected invention.
POL5 Agreements such as know-how agreements, agreements on making available company secrets, and franchising agreements are not qualified by Polish doctrine strictly as licence agreements (as they are not regulated by provisions of law, they are the so-called innominate agreements). However, the nature of such agreements is similar to that of licence agreements. Moreover, the relevant provisions of Polish law that regulate intellectual property rights licences, such as copyright licences or patent licences, apply to such agreements accordingly.
POL6 The owners of personal rights (interests) such as a name, image, or voice may grant third parties the right to use them, also in a commercial context (for example, as a trade mark).
Source: Center for International Legal Studies, październik 2011
From 25 May 2018 the General Data Protection Regulation (GDPR) applies in Poland and other European Union countries. We would therefore like to give you several details on the subject of how DZP processes personal data.
The administrator of the personal data is Domański Zakrzewski Palinka Sp.k. (“DZP”; address: Rondo ONZ 1, 00-124 Warszawa). Data are processed for contact purposes and to impart information on changes to provisions and authority practices and on other issues, including events concerning day-to-day legal, economic and cultural issues, inter alia, by sending DZP newsletters. The above is carried out on the basis of legitimate interests, i.e. in accordance with art. 6(1)(f) of the GDPR. Data can also be processed where necessary for the conclusion or performance of a contract and for compliance with a legal obligation to which DZP is subject, i.e. pursuant to art. 6(1)(b) and (c) of the GDPR. Data can be transferred to entities with whose help DZP achieves the indicated aims, including entities maintaining IT infrastructure. Giving data is voluntary and in contractual relations is a requirement for concluding and performing a contract. It is possible to object to data processing, request access to, rectification and erasure of personal data or restriction of processing and data portability. Data are kept until an objection is made, and in contractual relations – throughout the term of the contract and thereafter for a period specified in provisions on archiving and limitations period for claims. Anyone has the right to file a complaint with the President of the Personal Data Protection Office. Questions concerning privacy at DZP can be sent to DZP’s Data Protection Inspector, Macieja Maciejewskiego, at: email@example.com.
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