Intellectual Property and Misappropriation of the Public Domain

摘要

The public domain is a multifaceted and multidimensional concept with no definite definition. Its scope varies from one IP area to another and from one jurisdiction/territory to another. The misappropriation of the public domain is a widespread practice nowadays where competitors take advantage of the grey protection zone to expand the boundaries of protection to unfairly exclude competitors from exploiting the IPRs supposed to fall in the public domain. New issues pertaining to the public domain brought about by the internet should not be underestimated. Misappropriation of the public domain may occur in the following situations and cases: expansion of scope of protection; extension of protection period beyond the expiry date; overlapping protection or cumulative protection; misuse of flexibilities for private domain purposes; and privatisation and monopolisation of human senses. The ideal scenario would be a right balance between IPR protection and the public domain.