By no means is it possible to ignore implementation of ground-breaking changes introduced under the amendment of the Polish Law of July 27, 2005 – Act on higher education (Journal of Laws of 2012, item 572, as amended) which entered into force as of October 1, 2014. Generally, the new legal provisions introduce: (i) acquisition by inventors and designers who work for public universities and public research institutes of rights to the innovations elaborated by them or (ii) at least, significant share in the profits resulting from commercialization of these innovations. Although the entire system was designed to address technological innovation the changes, however, relate also to industrial designs and copyrights that is why I take the liberty of presenting a brief note in this regard.

Pursuant to the new legal provisions, designer and employer shall be able to reach an agreement regarding a relevant form of commercialization of a new solution. Such agreement is to provide for specific issues covering the rights to the effects of the development works as well the rules of dividing the funds obtained from commercialization of those works. In the event said agreement is not executed the general rules shall be applicable in compliance with which a university or an institute enjoys a 3 - month period (counted from the date it was informed by a designer on creating the design) to make a decision whether that design is to be commercialized or not. If the research unit decides to do so, the designer is entitled to at least 50% of the funds obtained from the commercialization that are decreased by no less than 25% of the costs directly related to the commercialization in question. If, in turn, the university fails to decide on commercialization, all the rights shall be transferred on the designer who acquires them for no more than 10% of minimum salary. The designer, afterwards, will have a possibility of choosing the most favorable method of commercialization as well as an institution to cooperate with in this regard.

The practice and reality should reflect whether those revolutionary changes will have a beneficial influence on the development of the Polish innovation design and whether they, indeed, will fall on fertile ground, at least in terms of appropriate organizational infrastructure. I keep my fingers crossed and much look forward to see new waves of designs in my surroundings.