The role of theoretical debate in the evolution of national and international and international patent protection : from the French revolution to the Paris Convention of 1883

"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"-- Provided by publisher The Role of Theoretical Debate in the Evol - Louise J. Duncan.pdf Half Title Series Information Title Page Copyright Page Contents Preface Introduction Chapter 1 France – Development of Legal and Philosophical Ideas Underlying the Patent System: 1790 to 1859 A The Significance of the Law of 7 January 1791 (a) Historical Background to the Enactment of the Patent Law of 1791 Royal Privileges: Introduction Note on the U.S. Patent System Privileges in France Political Circumstances Surrounding the Enactment of the Law of 1791 (b) De Boufflers’ Justifications for His Proposed Patent Law De Boufflers’ Report of December 1790 (1) Natural Property Rights in Inventions (2) The “Social Contract” (3) Patents vs Old Royal Privileges (4) The Role of the Patent in Industrial Development (5) De Boufflers’ Rejection of Schemes of Public Purchase of Inventions (6) De Boufflers’ Rejection of Preliminary Examination of Patent Applications Justifying the Law of 7 January 1791: De Boufflers’ Second Report and the Views of the Inventors’ Association (c) Conclusions Which Can Be Drawn about the Patent Law of 1791 (i) Conclusions Drawn from de Boufflers’ Reports (ii) Conclusions Drawn from the Text of the 1791 Legislation (d) Reaction to the Patent Law after 1791 The Unsuccessful Reform Proposals of 1798. B The Significance of the Reforms of 1844 (a) Historical Background to the Law of 5 July 1844 (b) Substantive Legal Changes Resulting from the 1844 Reforms (c) The Reasons for the Theoretical Reform of 1844 C Private Reform Proposals The Nature of the Debate (i) Jobard’s Theory of the Monautopole (ii) Responses of Other French and Belgian Commentators to Jobard’s Concept of the Monautopole (a) Supporters of Jobard (b) Opponents of Jobard’s Theories D The International Significance of the French Patent Law of 1791 Chapter 2 united kingdom: Development of Ideas and Concepts about the Theoretical Basis of the Patent System: 1790–1852 A The Theoretical Basis of the U.K. Patent System: Brief Overview of Opinions before 1829 Early Patent Law Reform Movements (before 1829) B The 1829 Select Committee (a) Historical Background (b) An Analysis of the View about the Patent System Expressed by Witnesses before the 1829 House of Commons Select Committee on Patents (1) The Witnesses (2) The Issues Raised by the Witnesses (i) Delay and Inconvenience (ii) Lack of Security before Grant (iii) Misuse of Caveat System (iv) The Lack of Patents of Addition/Improvement (v) The Problem of Patentees Who Refused to Work Their Inventions (vi) The Underlying Objectives of the Patent System (vii) The Usefulness of the Patent System (viii) Foreign Issues (a) Fear of Advantages Taken by Foreigners (b) Communication of Inventions from Abroad (c) Views about Foreign Patent Laws (3) Conclusions about the Evidence Presented before the 1829 Select Committee C Overview of Movements Towards Patent Law Reform between 1830 and 1851 (a) 1830 to 1847 – The Era of Individualism (b) The Late 1840s – The Emergence of Groups Supporting Patent Law Reform and the Relevance of Proposals for a Great Exhibition in London. Historical Background to the Great Exhibition The Connection between the Great Exhibition of 1851 and Patent Law Reform Growth of Organisations Supporting Patent Law Reform The Emergence of the Abolition Movement D The 1851 Select Committee An Analysis of Views about the Patent System Expressed by Witnesses before the 1851 House of Lords Select Committee on Patents (1) The Witnesses (2) The Issues Raised by the Witnesses (i) Comments about the Underlying Objectives of the Patent System/Calls for Abolition Abolition of the Patent System (ii) Foreign Issues (a) Communication of Inventions from Abroad (b) Views about Foreign Patent Laws E The Aftermath of the 1851 Select Committee – The Reforms of 1852 and Their International Significance (a) The Passage of the 1852 Act (b) The Content of the 1852 Act (c) The International Significance of the Reforms of 1852 Chapter 3 united kingdom: Development of Ideas and Concepts about the Theoretical Basis of the Patent System: 1853–1872 A U.K. Attitudes to the Patent System from 1853 until 1864 (a) Overview of Debates – 1853 to 1863 (i) Organisations and Patent Abolition – The Work of the British Association for the Advancement of Science and the National Association for the Promotion of Social Science: 1859 to 1861 (ii) Individuals and Patent Abolition – 1861 to 1864 b) The 1862–64 Select Committee on Patents (i) Historical Background (ii) An Analysis of Views about the Patent System Expressed by Witnesses before the 1862–64 Select Committee on Patents. (1) The Witnesses (2) The Issues Raised by the Witnesses The Policy of the Patent System The Majority View – Faith in the Underlying Policy of the Patent System The Minority View – Advocating Abolition of the Patent System Foreign Issues (iii) The Report of the Select Committee B U.K. Attitudes to the Patent System from August 1864 until Early 1871 (a) The Minority View – Advocating Abolition of the Patent System (b) The Majority View – Supporting the Patent System C The 1871–72 Select Committees on Patents (a) An Analysis of the Views about the Patent System Expressed by Witnesses before the 1871–72 Select Committees on Patents (1) The Witnesses (2) The Issues Raised by the Witnesses Policy of the Patent System International Considerations International Effect of Abolition of Patents in the United Kingdom Proposals for International Assimilation of Patent Laws/International Treaty (b) The Report of the 1872 Select Committee Chapter 4 Overview of Patent Abolition Debates: France, the Netherlands and Prussia 1860s and 1870s A The Patent Abolition Movement in France (a) Background to the Debates (i) The Bilateral Commercial Treaties of the 1860s (ii) The Effect of the 1862 Universal Exhibition in London, and the Writings of Michel Chevalier (b) The Theories of the Patent Abolitionists (c) The Theories of Supporters of the Patent System (d) The Outcome of the Patent Debate in France B The Patent Abolition Movement in the Netherlands (a) General Historical Background to the Patent Abolition Debate (b) Reasons for the Abolition of the Patent System in the Netherlands in 1869. (i) Inactive Patent System/Resentment of Foreigners (ii) The Influence of the Swiss Model (iii) Practical Problems Associated with the Dutch Patent Law of 1817 (iv) Theoretical Objections C The Patent Abolition Movement in Prussia (a) General Historical Background to the Patent Abolition Debate (b) Von Bismarck’s Arguments in Support of the Abolition of Patents (c) Supporters of von Bismarck’s Proposals to Abolish the Patent System (d) Supporters of the Patent System (e) The Collapse of the Anti-patent Movement in Germany Chapter 5 Stepping into the International Arena: The Vienna Congress 1873 A Early Proposals for International Patent Protection B The Importance of Bilateral Treaties C The Growth of the Spirit of Internationalism (1) International Copyright (2) The Law of Nations D More Immediate Factors: What Prompted the Vienna Congress of 1873? U.S. Concerns about Austro-Hungarian Patent Laws. E An Analysis of the Work of the Vienna Congress (1) The Discussions and Resolutions of the Vienna Congress (2) The Consequences of the Work of the Vienna Congress (i) France (ii) The United Kingdom (iii) U.S.A. (iv) Germany Chapter 6 Springtime in Paris: The Paris Conference 1878 A The Paris Conference of 1878 (a) Reasons for the 1878 Paris Conference, Explanation of the Role of the French Government and Composition of the Delegates Responses to the Provisional Programme (1) Legal Professionals and Patent Agents (2) Manufacturers and Traders (3) Inventors and Engineers Was the 1878 Conference Truly International? (1) Natural Property Rights (i) The Right of Foreigners to Be Treated as Nationals (ii) Compulsory Licensing (iii) Forfeiture of Patents for Non-working (iv) Types of Patentable Inventions (2) The Debate over Future Uniform Industrial Property Legislation Conclusion (b) The Work of the 1878 Paris Conference B The Work of the Permanent Committee The Link between the Unofficial 1878 Conference and the Later Diplomatic Conferences Introduction (a) The First Draft Treaty (b) The Second Draft Treaty (c) The Third Draft Treaty Chapter 7 The Logical Conclusion: A Diplomatic Treaty A The Paris Conference of 1880 (a) Representation at the 1880 Conference, and the Importance of the Jagerschmidt Draft Treaty. (b) An International Union for the Protection of Industrial Property (1) General Issues (i) “Industrial Property” (ii) The Question of an International “Union” (2) General Provisions Which Formed a Cornerstone of the Union (i) National Treatment – Article Two of the Paris Convention (ii) Rights of Non-Union Nationals – Article Three of the Paris Convention (iii) The Priority Period – Article Four of the Paris Convention Length of the Priority Period (iv) Temporary Protection for Inventions and Allied Rights Exhibited at International Exhibitions – Article Eleven of the Paris Convention (3) Provisions Specifically Related to the Protection of Patents Importation of Patented Articles and Compulsory Working – Article Five of the Paris Convention Conclusion B The Paris Conference of 1883 and Its Aftermath (a) The Work of the 1883 Conference (b) Germany, Austria-Hungary and Russia – Reasons Why Three Important States Did Not Accede (1) Germany (2) Austria-Hungary (3) Russia Conclusion Linking the Past, Present and Future Postscript The Patent System and Current International Concerns China – Patents and Economic Development (i) Patents in China prior to 1949 (ii) Protection for Inventors in China between 1949 and 1984 (iii) The Basis of the Patent Law of 1984 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 7 Third Draft Treaty – Text Appendix 8 Jagerschmidt Draft Treaty – Text Bibliography Commentaries and Monographs Journal Articles and Papers Newspapers Official Papers and Reports Other Reports Index