Comparative analysis of the public and national domain: civil and legal aspect

We analyze the concepts of public and national domain. We pay special attention to determining the public domain place in the system of intellectual property. We formulate the main approaches to the results of human intellectual work in order to determine the relevance of works of science, literature, art to the public domain. We study the tools for identifying objects of the national domain in the public domain. It is proved that a proprietary approach to intellectual property right fits into the concept of national domain. We define an exception – the identification of the creator’s right to a specific intellectual result should be slightly limited in time or should not occur at all. We note that the concept of national domain took a lot from the proprietary concept, while it does not apply to individuals, but applies to the whole people. We substantiate the position that the proprietary approach can be applied in the national domain theory only to the extent that it does not limit the title of a nation (people) in relation to certain objects of intellectual right. We identify weaknesses and strengths of intellectual prop-erty norms implementation in other branches of legislation, as well as civil and legal relations. At the same time, we pay special attention to the national domain institution, taking into account its comparative characteristics with the public domain and the results of the intellectual work of the most talented members of society.