Propiedad intelectual, dominio público y equilibrio de intereses

Abstract

In order to fight counterfeiting and to improve the capacity to generate innovation, policies for greater levels of protection and enforcement of intellectual property rights have strongly been pushed. However, the importance of public domain seems to have been forgotten. An appropriate extension of the public domain, is as important as the proper protection of intellectual property rights, to secure incentives to researchers and creators. That is why it is indispensable to establish a careful balance of individual and social role of intellectual property, between holders and users of IP rights.