SAILING THE SEA OF THE USE OF FREE CREATIONS: BRIEF REFLECTIONS ON THE PUBLIC DOMAIN IN INTELLECTUAL PROPERTY

Abstract

With the advancement of technology new forms of protection have emerged in the field of Intellectual Property. The public domain represents a counterweight to the process of expanding content protected by exclusive rights, a democratic mechanism that seeks the balance between protection and access. It can no longer be treated as merely residual, rather it must be recognized with a proper legal institute, with positive protection, that effectively ensure the free use and circulation of scientific, technical and artistic knowledge.