Intellectual Property Excesses

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Intellectual Property Excesses

Exploring the Boundaries of IP Protection

Comparative law Intellectual property law

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Language: English

Published by: Hart Publishing

Published on: 30th June 2022

Format: LCP-protected ePub

Size: 448 pages

ISBN: 9781509944897


Overview

This collection of essays highlights the sometimes absurd outcomes which an unjustified overprotection of intellectual property (IP) may lead to. It collects and comments on a series of IP disputes which have taken the notion of IP protection to extremes. From individuals being sued for hundreds of thousands of dollars for sharing a playlist, to sports spectators being arrested for wearing the "wrong" dresses, passing through granting patents for inventions obtained by misappropriating traditional knowledge, and trademark protection of merely descriptive signs, this book brings together a broad range of examples from across the IP spectrum where protection and enforcement have been used or threatened on unreasonable and/or untenable grounds.

Purpose

The aim of the book is to criticise these excesses precisely because they harm IP; and because they contribute to creating an environment where more and more people are led to "hate" IP, and view it as a protectionist regime which discourages creativity in innovation and ends up safeguarding the owners of monopolistic rights which restrict trade, competition and people's freedom.

Call for Change

This is not, therefore, a book against IP, it is instead a call for change and an attempt to "save" IP through critiquing its excesses and preventing such a fascinating area of law from continuing to be an easy target for criticism.

Additional Information

The book includes a foreword by Jason Mazzone, Albert E Jenner Jr Professor of Law at the University of Illinois, USA.

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