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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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Therapeutic Reform and the Reinterpretation of Monopoly

Therapeutic Reform and the Reinterpretation of Monopoly

(p.113) Chapter Four Therapeutic Reform and the Reinterpretation of Monopoly
Medical Monopoly

Joseph M. Gabriel

University of Chicago Press

This chapter argues that during the 1880s a small group of reformers began to reinterpret the relationship between medical ethics, patents, and trademarks. It also argues that patent law shifted toward allowing patents on naturally occurring things that had been modified to have new uses, and that trademarks acquired the ability to monopolize the manufacture and sale of goods even when there was no patent involved. In particular, this chapter focuses on the efforts of a reformer named Francis Stewart and his work with Parke, Davis & Company. It also describes the introduction of powerful synthetic drugs by the German pharmaceutical industry, continuing efforts at therapeutic reform, and the efforts of professional pharmacy to respond to a highly competitive economic environment.

Keywords:   patents, trademarks, pharmacopeia, Francis Stewart, pharmaceutical industry, therapeutic reform, medical ethics, pharmacy

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