http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1711745

A European Public Domain Supervisor
Alexander Peukert
Goethe University Frankfurt - Faculty of Law; Cluster of Excellence Normative Orders


International Review of Intellectual Property and Competition Law, Forthcoming

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 Classifications: O34

Accepted Paper Series