Parution : 09/2021
Editeur : Brill
ISBN : 978-9-0044-6976-1
Site de l'éditeur

The Role of Theoretical Debate in the Evolution of National and International Patent Protection

From the French Revolution to the Paris Convention of 1883

Louise J. Duncan

Présentation de l'éditeur

This volume offers new insight into key developments in the history of protection for patent rights during the period 1791-1883. The author presents a detailed examination of the underlying theoretical bases advanced for the protection of patents in various key European countries, and including new material focusing on the political rhetoric of protagonists and opponents of the patent system during the course of the patent abolitionist debates of the 1860s and 1870s. Finally, the book examines in detail the factors which prompted the movement towards international protection of patents, culminating in the Paris Convention for the Protection of Industrial Property of 1883.




Chapter 1 France – Development of Legal and Philosophical Ideas Underlying the Patent System: 1790 to 1859

Chapter 2 UNITED KINGDOM: Development of Ideas and Concepts about the Theoretical Basis of the Patent System: 1790–1852

Chapter 3 UNITED KINGDOM: Development of Ideas and Concepts about the Theoretical Basis of the Patent System: 1853–1872

Chapter 4 Overview of Patent Abolition Debates

Chapter 5 Stepping into the International Arena
The Vienna Congress 1873

Chapter 6 Springtime in Paris
The Paris Conference 1878

Chapter 7 The Logical Conclusion
A Diplomatic Treaty

Conclusion Linking the Past, Present and Future

Postscript The Patent System and Current International Concerns

Appendix 1 A Note on the Meaning of the Terms “Socialist” and “Communist” in the 1840s and 1850s

Appendix 2 Questions Asked of Witnesses before the 1862–64 U.K. Select Committee on Patents and List of Individuals and Organisations Who Made Written Submissions

Appendix 3 Select List of Bilateral Commercial Treaties Containing Provisions Relating to Industrial Property before the Paris Convention

Appendix 4 Composition of the Preparatory Committee of the 1873 Vienna Congress

Appendix 5 Resolutions of the 1878 Paris Conference

Appendix 6 Permanent Committee – 1878 Paris

Appendix 7 Third Draft Treaty – Text

Appendix 8 Jagerschmidt Draft Treaty – Text

Studies in the History of International Law , Vol. 20 , 388 pages.  118.00 €