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Medical MonopolyIntellectual Property Rights and the Origins of the Modern Pharmaceutical Industry$
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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

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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: 24 September 2021

In the Shadow of War

In the Shadow of War

(p.76) Chapter Three In the Shadow of War
Medical Monopoly

Joseph M. Gabriel

University of Chicago Press

This chapter examines patents and trademarks in the pharmaceutical industry during the 1870s, the growing discomfort among ethical manufactures among ethical manufacturers with the framework of orthodox medical ethics, and efforts by therapeutic reformers to rationalize the therapeutic market by passing laws regulating the practice of pharmacy. It argues that patent law increasingly allowed patents on naturally occurring substances that had been transformed in some way, and that as trademarks began to acquire the characteristics of property they began to be able to monopolize the sale of goods whether or not their were patents involved. Finally, it agues that some manufacturers began to trademark and patent their goods, and that reformers struggled to included one patented good – Vaseline – into the Pharmacopeia.

Keywords:   patents, trademarks, therapeutic reform, pharmacy, pharmacopeia, Vaseline, medical ethics

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