Interesting thought about Burge v Swarbrick [2007] HCA 17. From the High Court's discussion of the legislative history and rationale behind the UK Parliament's decision to deprive industrial designs of copy right protection, it seems that when the UK equivalent of the Designs Act was enacted, it was Industry that wanted to keep copy right law out of manufacturing.
Clearly, they saw the potential for havoc that insanely long IP protection could wreak on the operation of the free market, and thought it would actually be better for industry and innovation not to have these restrictions.
In the same way, these IP laws, in granting these ridiculously long monopolies to rights holders, clearly have the potential to wreak havoc in the market for ideas.
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