Public Interest, Public Domain, Commons and Patent Law (In French)

Abstract:     
In the delicate interaction between intellectual property and public interest, two antinomian questions come to the fore. The first question is to what extent patent law guarantees public interest, contributes to public interest or, on the contrary, limits public interest. The second question is to what extent public interest influences patent law.

In an attempt to provide an answer to those two questions, we examine the notion of public interest, and the relation public interest entertains with patent law, from three different persectives: the notion of public interest sensu sensu stricto, the concept of the public domain, and last but not least, the concept of the commons.

Note: Downloadable document is in French.

Number of Pages in PDF File: 14

Keywords: Patent Law, Public Interest, Commons, Positive Commons, Negative Commons, Semi-Commons, Anti-Commons, Compensatory Liability Regime, International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA)

JEL Classification: D23, D45, H41, H51, I18, K11, L14, L65, O13, O31, O32, O34

Accepted Paper Series