Cornelia Dumitru*

Abstract

The present study proposed to highlight the differences in content and legal regime of intellectual creations that no longer belong to public property or to private property. Thus, without being legally defined, without a clear outline, the without a readily determined or determinable content that is considered the same by all, without a legal regime established by law, there is intellectual property „a territory” comprising intellectual creations, which are neither in public ownership, are no longer in private ownership and which we call „public domain”, in this position being the intellectual creations for which the duration Property rights has expired and which makes them considered free to use by any interested person. Different from the public domain, there is an immaterial Common Fund, a place and harder to condone than the public domain and comprising the „things” that are intended to be used, in specific forms, in the creative process, „things” which, taken as such, have never been and could never be close, cannot make an object of a custodial right. The public domain and the immaterial Common Fund are objectively necessary and it is in the general interest of mankind to exist.

* Student dr. Universitatea „Nicolae Titulescu”, Facultatea de Drept; e-mail: cornelia_ This email address is being protected from spambots. You need JavaScript enabled to view it..