A European Public Domain Supervisor

International Review of Intellectual Property and Competition Law (IIC), pp. 125-129, 2011

5 Pages Posted: 20 Nov 2010 Last revised: 10 Jun 2011

See all articles by Alexander Peukert

Alexander Peukert

Goethe University Frankfurt - Faculty of Law; Cluster of Excellence Normative Orders

Date Written: November 19, 2010

Abstract

European intellectual property (IP) legislation has for many years embraced a “high level of protection” policy. Such a property logic tends to neglect conflicting interests and fundamental rights like the freedom of expression and information. Among other reasons, this tendency is due to an asymmetric distribution of interests, power and institutions in IP politics.

In order to counterbalance these conditions, this article suggests the establishment of a European Public Domain Supervisor as an independent authority within the EU institutions and the creation of parallel authorities on the national level. This proposal is modeled on data protection supervisory authorities. European and national Public Domain Supervisory Authorities would act as special “guardians” of the fundamental rights and freedoms relating to a lively, easily accessible public domain. They would be responsible for ensuring that these freedoms are respected by the EU, its Member States, and private parties.

Keywords: Public Domain, Intellectual Property, ACTA, Observatory, Data Protection, Supervisor

JEL Classification: O34

Suggested Citation

Peukert, Alexander, A European Public Domain Supervisor (November 19, 2010). International Review of Intellectual Property and Competition Law (IIC), pp. 125-129, 2011. Available at SSRN: https://ssrn.com/abstract=1711745

Alexander Peukert (Contact Author)

Goethe University Frankfurt - Faculty of Law ( email )

Frankfurt
Germany

Cluster of Excellence Normative Orders

Frankfurt
Germany

Register to save articles to
your library

Register

Paper statistics

Downloads
160
Abstract Views
1,502
rank
185,181
PlumX Metrics