Freedom of the arts and sciences and intellectual property protection: an Italian, European and International Law perspective

Abstract

The study presents the freedom of the arts and sciences and the principles regarding the protection of intellectual property, and it is aimed at analyzing the complex balance between the former and the latter. In order to thoroughly understand this relationship, it is first necessary to clarify what the two elements of this balance are: on the one hand, the freedom of the arts and sciences, which is intimately related to the individual right to access to scientific, artistic and cultural developments, and, on the other, intellectual property regimes. Secondly, it is essential to examine the possible interferences of the protection of one of the two elements under discussion on the other element. Finally, it is fundamental to discuss how different jurisdictions have approached this issue. The whole contribution is conducted in a Comparative and International Law perspective: Italian, European and International Law will be examined. Besides, there will be some interesting hints about the solutions adopted in the US legal system, which are particularly interesting.