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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. 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. 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. 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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