Exclusive design rights should only be
granted if they are new and distinctive. Basic concepts and shapes such as
"minimalism" and "rounded rectangles" by definition meet
neither criterion.
The Pareto inefficient practice of
intellectual property laws can only be justified insofar that innovation is
rewarded without restricting rivals from superior innovation and allowing King
Ludd (“your auto-loom invention incorporates my hand-loom patent and must be
smashed!”) hold the rest of industry to ransom. The principles of essential
patents and compulsory licensing follow in this spirit, whereas Apple’s sales
injunctions against its rivals do not.
No comments:
Post a Comment