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British Patent System Established

Posted on:2008-06-15Degree:MasterType:Thesis
Country:ChinaCandidate:H L WuFull Text:PDF
GTID:2206360215472038Subject:World History
Abstract/Summary:PDF Full Text Request
In the history of the English law system ,the connection between the patent system and the development of the economy is very closely.The patent system develops with the development of the commercial economy, while its content and form are making much progress. With the perfection of the patent system, it promotes the society and economy powerfully and the civilization of the human being efficently.In the preface of the text,the major content is the theory basement of patent system,the importance of the patent system,the concept of the patent system,etc.The text is divided into three parts:One,the creation of the patent system.The economical fundation of the patent system is the development of the commercial economy,while the science and the technology are the direct reason.In Middle Ages,the capitalism arose with the development of the commercial economy,and the science and the technology began to perform the function in the economy.Above all,the patent originated in later Middle Ages.Two,the initial establishment of the patent system. In 16,17 century,the commercial economy developed rapidely with the Age of Discovery ,the Renaissance and the Reformation.At the same time,the current British government ,Elizabeth I,regarded the patent system as one of the most important measures to introduce the advance science and the technology from other countries, which promote the evolution of the patent system.Since the later - Elizabeth I ,the abusement of the patent caused the popular hostility to monopolies.In 1602,the case Darcy v. Willian advanced the statute of the patent.In 1624,the Statute of Monopoly passed ,and it is the first modern patent law. The Statute of Monopoly signed the initial establishment of the patent system. Three,the final establishment of the patent system. After the Brilliant Revolution, British got the political system of constitutional monarchy, which caused the development of the capitalistic economy. Compared to the economy, the law system developed slowly, so the law system began to reform in 19 century. As one part of the system ,the patent system reformation finished by the Amendment of the Patent System in 1852. Before the reformation, the patent system had so many faults which weakened the function of the patent system to the economy,and many inventors abandon the patent rights. 1852 the Amendment of the Patent System marked the finanal establishment of the British patent system.The history of the patent system is not smooth. Particularly, in 19 century, there was a debate about the abolishment of the patent system. With the affection of the liberalism,"all monopolies are evil",so"patent",the legal monopoly , was cristisized. Many countries began to reverse the patent system. The Netherlands had abolished the patent system, but the fact proved that this movement was wrong.The conclusion part points some regular conclusions and the benefical inspires in the modernization of the patent system in Britain: the course of the patent system is the turn of the patent right from the prerogative to the legal right, the process of finding the balance between inventors and the society, the process of the modernization of the economy.
Keywords/Search Tags:Patent system, the British, modermization
PDF Full Text Request
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