[pd-discuss] Fwd: [Communia] Paper by Alexander Peukert: "A European Public Domain Supervisor"

[Jonathan Gray]

---------- Forwarded message ----------
From: J.C. DE MARTIN <demartin at polito.it>
Date: Mon, Dec 20, 2010 at 10:53 AM
Subject: [Communia] Paper by Alexander Peukert: "A European Public
Domain Supervisor"
To: communia at lists.communia-project.eu


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

Date posted: November 20, 2010 ; Last revised: November 24, 2010

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Jonathan Gray

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