The problem of the intellectual property of research carried out with public funds in the right of access to public information

Analysis of the limit to the principle of maximum publicity with respect to the scientific production of public institutions

Abstract

The protection of the right to intellectual property on research and scientific and technological development of public universities, is a difficult issue if an assessment is made against the right of access to public information, since the latter establishes that all information generated or administered with public funds, must be made available to all citizens, based on the "public interest" of knowing the execution of public funds; But at the same time, this "public interest" is an attack against the moral and patrimonial rights that can be derived from scientific research, it stops the volume of research and promotes the practice of publishing without authorization.