Intellectual Property Excesses: Exploring the Boundaries of IP Protection

ISBN-13: 9781509944880 / Angielski / Twarda / 2022 / 376 str.

Dr Enrico Bonadio;Dr Aislinn O’Connell

Opis

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.

Spis treści

Introduction Enrico Bonadio (City University of London, UK) and Aislinn O’Connell (Royal Holloway, University of London, UK) PART I CULTURE 1. Copyright Term Extension: Good Morning to You Productions v Warner/Chappell Music Giancarlo Frosio (Queen's University Belfast, UK) 2. Copyright Liability and Music ‘Piracy’: Capitol Records v Thomas-Rasset Peter Mezei (University of Szeged, Hungary) 3. ASCAP v The Girl Scouts of America: The IP Excesses of Collective Management Organisations Jonathan Band (Georgetown University, USA) and Brandon Butler (University of Virginia, USA) 4. Copyright and Public Domain Works: Highsmith v Getty Vishv Priya Kohli (Copenhagen Business School, Denmark) and Stina Teilmann-Lock (Copenhagen Business School, Denmark) 5. Copyright and Related Rights in Intimate Images: Chrissy Chambers and Other Victim-Survivors Aislinn O’Connell (Royal Holloway, University of London, UK) PART II TECHNOLOGY AND SCIENCE 6. Biopiracy as an Abuse of the Patent System Aman K Gebru (Duquesne University, USA) 7. Allergan’s Restasis and the St. Regis Mohawk Tribe: Chronicles of a Desperate Move, an Announced Defeat and a Collective Sigh of Relief Stefano Barazza (Swansea University, UK) 8. Limiting Access to Life-Saving Medications: Three South African Case Studies Caroline Ncube (University of Cape Town, South Africa) 9. Patent Trolls and Their Excesses: Blackbird Tech v. Cloudflare Enrico Bonadio (City University of London, UK) and Magali Contardi (University of Alicante, Spain) 10. From Asset to Liability: Five Scenarios of Excessive Protection of Trade Secrets Amir H Khoury (Tel Aviv University, Israel) PART III SIGNS, IMAGES AND MARKETING RIGHTS 11. The Not-So-Friendly Neighbourhood Super-Hero® Mitchell Adams (Swinburne University of Technology, Australia) 12. Protection of Colour Per Se: Or, #Freethepink and the Battle Over 'Magenta' Tim W Dornis (Gottfried Wilhelm Leibniz University, Germany) 13. International Investment Agreements and Intellectual Property: Philip Morris v Uruguay Althaf Marsoof (Nanyang Technological University, Singapore) 14. Reverse Domain Name Hijacking: Camilla Australia v Domain Admin, Mrs Jello Zinatul Ashiqin Zainol (Universiti Kebangsaan Malaysia) 15. Ambush Marketing and IP Expansion: FIFA, Bavaria and the 2010 World Cup South Africa Amanda Scardamaglia (Swinburne University of Technology, Australia) 16. ROBOTS (and Elvis Imitators) AGAIN: Estate of Presley v Russen and Right of Publicity Over-Reaches in US Law Marc H Greenberg (Golden Gate University, USA)