The aim of the present dissertation is exploration of industrial property In the cat-egory of economic and regulation tool, serving to obtain and protect market competitive advantage. A research problem diagnosed by the author comes to evaluation of efficacy of industrial property, as a tool serving to obtain market competitive advantage of a given entrepreneur. Survey has been conducted based on the analysis of the effect of monopo-listic regulation mechanisms, in the field of patents, protective rights and rights of regis-tration, on economy and on the behaviour of stakeholders creating strategies in order to obtain competitive advantage. This aspect determines interdisciplinary character of the present dissertation – the research comprised topics from both, the range science of man-agement and the law of intellectual property. The empiric part comprises analysis of data in the form of statistic documents and rulings of the Patent Office of the Republic of Poland in cases concerning industrial prop-erty rights, materials obtained following observations and participation in the proceedings of Adjudicating Boards for the litigation cases proceeded by the Patent Office of the Re-public of Poland, individual interviews in depth with entrepreneurs (their plenipoten-tiaries – experts on industrial property), parties to the proceedings to revoke industrial property rights, members of Adjudicating Boards (Chairs of Adjudicating Boards for the litigation cases proceeded by the Patent Office of the Republic of Poland and experts rapporteurs) ruling on revoking the said rights. The conducted research shows that industrial property is not perceived uniformly. As a rule, entrepreneurs identify this phenomenon through the prism of market targets bound to obtaining competitive position and treat it in the category of innovation. How-ever, jurisprudence, deciding on removal from the market the protected monopoly of in-dustrial property, perceive the aim of revocation proceedings in the category of legal con-sequences, whereas they identify innovation with the protective right. Also aspects of market and economical consequences are not analysed and adequately taken into consid-eration while granting the monopoly (protection). 5 It follows from the analysis of the researched materials that industrial property, in universal terms, combining economic and legal aspects, could be identified with the in-novation protected by the exclusive rights. The research indicated that effective realisa-tion of economic functions by the innovation depends on its application. It is connected to its disclosure implying a lot of economic risk, which can result in quick dematerialisa-tion of expected effects and a loss of gain. It has been diagnosed that the instrument al-lowing to alleviate the negative effects of disclosure is the protection of innovation, which in effect creates the exclusive right. The industrial property law is also a carrier of the benefit in the form of strategic suspension of the need to use the protected invention uti-lising instead the privileges and profits of having a monopoly on its usage. Innovation (invention, utility model, industrial model and trade mark) loses, after having been granted an exclusive right, its autonomous existence. This law, formed on it and desig-nating a monopoly, becomes a matter subjected only to the rules of economic turnover. In relation to the said research results, the need to verify the innovation process, not covering in known terms, the element of upholding the competitive position has been diagnosed as well as the need to verify the system to grant exclusive rights. There has been also created a model of strategy based on regulatory industrial property. The analysis of the said research results allows to recognise that the present work fits problem wise to the needs of contemporary market, which categorisation is influenced by the choice of the management strategy in the fields of specialist knowledge and inno-vation. Exegesis of issues concerning economic and legal aspects of the present disserta-tion indicates that is an interdisciplinary research work, characterising industrial property in a pragmatic approach, in the category of a tool utilised by entrepreneurs in order to obtain competitive advantage using instruments of administrative regulations concerning revocation and invalidation of exclusive rights in litigation proceedings.
