Lego’s Canadian patent on its blocks has expired, and competitors like Mega Blocks *should* have had the right to create “compatible” bricks. That’s the way the Intellectual Property System works (or at least the utilitarian flavor we subscribe to): you’re given a chance to exclusive rights (essentially, a legal monopoly) over your work, but after a while it should belongs to everyone. Ideas aren’t like physical objects - distribution does not translate to lower density, and value is not derived from “fencing off”. If I get your poem you do not have one poem less. The theory our law is based on is not a “natural right” to ideas, but an economic hypothesis - to reward creativity, and to induce the development of arts and science.
That’s why it’s reprehensible when Lego tried to short circuit that balance by “extending” its expired patent by resorting to trademark protection. Lego’s theory seems to imply that consumers are so stupid we can’t tell Lego branded blocks from lower-priced Megablocks. Good thing the Canadian judges would have none of that.
Entries (RSS)