A Discussion On The Pubic Domain In Internet

When Intellectual Property extends to the internet, the special natures of the internet known as high-speed transmission, enormous capacity and highly cover, which are different from the reality, have caused a new series of problems in Intellectual Property.At present, the main stream of the domestic researches is focused on the point of the research of Intellectual Property protection under the internet environment. However, the system of Intellectual Property is the system to pursue the balance of benefits when it is first born. And we can't ignore the public domain of the Intellectual Property under the circumstance of the internet.The paper attempts to start from the protection of the public usage of the knowledge in the internet, using the means of cross-course infiltration and systematic analysis of relative theories of scientific philosophy, science of computer, information management, law and sociology, which makes a full and systematic analysis of the special nature, presence and the preserve of the public domain of the Intellectual Property in the environment of internet.The paper contains four parts. Part one is the introduction of the traditional public domain, including definition, origin, ways of emerging and basis of existence. Part two is the summary of the special natures of the public domain of Intellectual Property in the environment of internet, including the relationship between the relative concepts and the public domain of Intellectual Property in the environment of internet, the 'freedom' essence of the internet and the changes of the public domain when it has extended to the internet. Part three elaborates the behaviors of Copyright, Trade-marks, and Patent Right in the space of internet. Finally, setting out from the special natures of the internet, the paper has proposed some measures of solution.The main points of the paper:The ultimate goal of Intellectual Property system is to promote the intelligent creation, and to maintain the balance of the system is the premises to reach that goal. So, the protection of the public domain must be paid much attention to.The level-like structure and its point-to-point principle of the internet have determined that the internet has got the nature of pursuing the "freedom", which matches the protection of the public domain. As a result, the protection of the public domain must be strengthened in the environment of internet.We must start from the special natures of the internet to restrain the expansion of the rights to protect the public domain.Benefit-driven, together with the protection of law and the using of technical measures have made Intellectual Property in environment of internet continuously expanding, and the presence of the public domain is in the dangerous.