Analysis of the Concept of Public Domain

This article has introduced the public domain, the intellectual works which are not in protection of intellectual property. In other word,  by analyzing this concept has tried to clarify its position and importance. Public domain attempts to cause balance among the rights of authors, society and third parties. Although the public domain has a long history in intellectual property law, but unfortunately little attention has been theorists and decision-makers in this very important field. While the public domain can play an important role in the free flow of information, increase public information, the achievement of a democratic society, creating an atmosphere for the development of creativity, broad access to cultural heritage, development of public health and safety. The analysis of this concept reviewed in three section. First, the literal and technical review is considered. After that, has compared the public domain with other similar concepts of public property, state property, Anfal (an islamic concept), permissible and common heritage of mankind. Eventually, next section has introduced the most important examples of public domain in different legal systems, while expressing its uncountable.