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
Date Written: November 19, 2010
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: Suggested Citation