Patent pledges na tle polskich instytucji prawnych, ze szczególnym uwzględnieniem licencji otwartej

Legal monograph by Dr Gabriela Lenarczyk explores the fascinating world of patent pledges, a novel mechanism challenging traditional notions of patent exclusivity. As the first comprehensive analysis of patent pledges in Polish intellectual property law and the first monographic treatment of this topic in continental law globally, this work offers unique insights into an emerging trend in patent utilisation.
The book systematically explores the evolving landscape of patent pledges, instruments by which patent holders voluntarily commit to limiting the enforcement or other exploitation of their patents. These pledges represent a significant departure from the conventional view of patents as tools for maintaining market exclusivity, instead promoting broader access to patented innovations.
This work introduces the first civil-law definition of patent pledges, contributing to the global academic discourse on this topic. It provides a critical analysis of existing doctrine and case law related to patent pledges, examining their legal status within the Polish legal system and potential avenues for enforcement. The author also analyses them in comparison with the mechanism of licence of right, offering insights into how established legal frameworks might accommodate or parallel these new private initiatives.
Set against the backdrop of the COVID-19 pandemic, which highlighted the critical importance of rapid innovation sharing, this book offers timely and relevant analysis for legal scholars, practitioners and policymakers grappling with the evolution of patent law in the 21st century. It bridges the gap between private ordering initiatives and formal legal structures, providing a roadmap for integrating these emerging practices into continental legal systems. The book concludes with concrete proposals for legal reforms that could enable licences of right to serve technology dissemination as effectively as patent pledges. This forward-looking approach makes the book an essential resource for anyone interested in the future of patent law and innovation policy.