Darcy v. Allen

Darcy v. Allen
Matthew Fisher

ISBN 978-90-411-3343-4
Kluwer Law International BV, The Netherlands

‘Monopoly’, it is fair to say, has a somewhat chequered reputation as a mechanism for promoting technological progress, and has a tendency to be treated as something of a dirty word within intellectual property circles. As a noun it is emotive, having potent effect on the ear that hears it: conjuring images of high prices, low quality and short supply – a commodity or service held unnecessarily in restraint. A monopoly is at once devious, deceitful and scheming. It is inefficient and wasteful, unfair and unjust. There is something suspicious about a monopoly, something underhand. Distrust for monopoly is rife, from consumers to the judiciary the message is the same: monopoly is a bad thing.