Le domaine public en droit d’auteur : ébauche d’un régime pluridimensionnel pour les pays membres de l’Organisation africaine de la propriété intellectuelle (OAPI).

Abstract

Copyright public domain designates the absence and expiration of copyright. As a source of information, it is in decline due to its appropriation and to the lack of a framework that defines and protects it. The thesis aims at reversing this trend by developing a positive theory and principles oriented towards the elaboration of a legal framework providing protection for copyright public domain. Many international statement and recommendation recognize the necessity to preserve and promote copyright public domain for the purpose of ensuring access and availability of information. Focusing in particular on developing countries’ needs of access to works and information, the main objective of the thesis is to determine how public domain could be used as a strategic concept by African Intellectual Property Organization ( OAPI) members states.
The concept of public domain is variously defined. The first approach of the thesis consists in qualifying the public domain through a comparison with other concepts, usually used to qualify a non exclusive resource and its dedication to the public at a national, global and communal level and a assessment of their connection with intellectual property.
The second approach aims at identifying the legal principles of protection and prerogatives enjoyed by its beneficiaries according to its individual, collective or international dimension.

Date of Award	16 Nov 2015
Original language	French
Awarding Institution	University of Namur
Supervisor	Severine DUSOLLIER (Supervisor), Etienne Montero Redondo (President), Yves Poullet (Jury), Benoit Michaux (Jury), Bernard REMICHE (Jury) & Valérie-Laure BENABOU (Jury)