THE CONCEPT OF PUBLIC DOMAIN IN INTELLECTUAL PROPERTY LAW IN NIGERIA

Abstract

This paper critically examines the concept of the public domain in intellectual property (IP) law, with a focus on its essential role as a repository of knowledge and cultural heritage that is freely accessible to the public. Unlike intellectual property rights, which provide creators with exclusive control over their works, the public domain ensures that certain creations are available without restrictions, promoting creativity, innovation, and cultural enrichment. The aim of this paper is to analyse how the public domain functions within the broader framework of IP law and to assess its impact on societal progress aimed at ensuring public access to knowledge and culture, while also examining the legal, social, and economic implications of the public domain. The paper will adopt a doctrinal research methodology, utilising primary sources such as statutes, case law, and international treaties, alongside secondary sources like academic literature, articles, and online resources. The findings suggest that while the public domain is crucial for innovation and societal advancement, current legal frameworks may limit