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OFFENCES UNDER POLISH LAW ON COPYRIGHT AND RELATED RIGHTS
Abstract
Some offences under Polish law are codified in Acts other than the Criminal Code. For example, Criminal Liability is regulate in the 14th chapter of the Act of 4th February 1994 “Law on Copyright and Related Rights”. The most important offences legislated are acts of plagiarism and copyright piracy. The first offence is codified in Article 115 and the second in Articles 116 and 117. Plagiarism is prosecuted ex officio, with maximum penalty up to 3 years imprisonment, and Copyright piracy is prosecuted on a complaint basis with maximum 2 years imprisonment. Aggravated offences, such as the offender making a regular source of income or organizing or managing criminal activity, are prosecuted ex officio with maximum jail sentence up to 5 years. Different legal systems exist where plagiarism is a delict and not a crime, so the victim of an act of plagiarism can only proceed to a civil court to seek justice. It is therefore important to describe herein penal protection under copyright laws.
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