Legislator Case Law & Legislation
I PKN 77/98 AI generated

Supreme Court dismissed inventor's appeal, ruling regulations are only auxiliary for determining reasonable compensation ratios.

Case Number I PKN 77/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the inventor's cassation appeal against a lower court's decision to award patent compensation. The inventor argued that outdated regulations should have been applied to determine the reasonable proportion of benefits, but the court found these regulations had lost legal force following a 1992 reform. Consequently, the court upheld the lower court's finding that the awarded compensation was appropriate and in the correct ratio to the benefits gained.

Legislator headnote

AI generated

Art. 98a ust. 2 ustawy o wynalazczości; Rozporządzenie Rady Ministrów z dnia 29 czerwca 1984 r.: Regulations serve only as auxiliary sources for determining the reasonable proportion of benefits and lose legal force upon legislative reform.

Keywords

AI generated
patent compensation reasonable proportion benefits obtained regulatory reform cassation appeal inventor remuneration legal force

Cited Legislation

AI generated
Art. 98a ust. 2 ustawy o wynalazczości
Art. 100 ustawy o wynalazczości
Art. 83 ustawy o wynalazczości
Art. 3 § 2 KPC
Art. 481 KC
Art. 393 § 12 KPC

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