Jump to ContentJump to Main Navigation
Medical MonopolyIntellectual Property Rights and the Origins of the Modern Pharmaceutical Industry$
Users without a subscription are not able to see the full content.

Joseph M. Gabriel

Print publication date: 2014

Print ISBN-13: 9780226108186

Published to Chicago Scholarship Online: May 2015

DOI: 10.7208/chicago/9780226108216.001.0001

Show Summary Details
Page of

PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use.date: 31 July 2021

Monopoly and Ethics in the Antebellum Years

Monopoly and Ethics in the Antebellum Years

Chapter:
(p.42) Chapter Two Monopoly and Ethics in the Antebellum Years
Source:
Medical Monopoly
Author(s):

Joseph M. Gabriel

Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226108216.003.0003

This chapter examines patents and trademarks in the antebellum period as it applied to the drug market. It argues that most manufacturers did not obtain patents on their goods, and that patent medicine manufacturers were unable to use early trademark law to protect their interests because trademarked names were assumed to be designating in nature and could therefore be freely adopted by competitors. The chapter also examines the origins of the American Medical Association and the conflict over Thomas Morton’s patent on ether. It further argues that a segment of pharmaceutical manufacturers self-consciously adopted the norms of the orthodox medical ethics, thereby rejecting the use of patents or secrecy for their goods. Finally, it examines early efforts by therapeutic reformers to pass laws regulating the practice of pharmacy and discusses the pharmacopeia.

Keywords:   patents, trademarks, patent medicine, American Medical Association, pharmacopeia, medical ethics, pharmaceutical industry, pharmacy, Thomas Morton, ether

Chicago Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.