By Ulf Anderfelt

ISBN-10: 9401184925

ISBN-13: 9789401184922

ISBN-10: 9401192189

ISBN-13: 9789401192187

THE overseas PATENT-LEGISLATION AND constructing international locations a huge crisis at the present time in lots of fields of overseas cooperation is the advance of the nonindustrialized a part of the area. This used to be now not continuously so. till relatively lately contacts between States have been basi­ cally constrained to diplomatic sex. the concept that of kingdom sovereign­ ty clearly resulted in the applying of the main of felony reciprocity among States. within the few parts outdoor diplomatic family the place overseas cooperation built over the last century a similar precept of criminal reciprocity was once utilized. The cooperation that did happen was once typically between a restricted variety of Western States. In case nations outdoor this team wanted to take part they have been loose to take action on accepting the normal criteria for such cooperation. although a number of international locations, which this day might were or are often called advance­ ing international locations, did take part a variety of schemes of foreign cooperation, nearly all of them remained outdoors. in addition, a great number of States, which this present day are referred to as constructing, didn't exist as sovereign States on the time. one of many components during which a process of foreign cooperation used to be organize within the latter a part of the 19th century used to be that of patent protection.

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P. 6: 64, March, I967. -M. 30, an American study shows that 60 per cent of patents are granted to large corporations with teamwork research and 40 per cent are granted to smaller firms and individuals. 32 EVOLUTION OF PATENT LEGISLATION AND PRACTICES patents taken out by small companies and individuals and later bought by larger companies. 21, So far, it is clear that the individual inventor has, to a considerable extent, become an employee and a member of a research team, that the self-supporting inventor has been replaced by the employee-inventor largely supported by government subsidies, and that the exploitation of inventions by large corporations, which by their size would be expected to dominate the smaller companies in the exploitation of new technology, is relatively greater than that of their smaller competitors due to the uneven distribution of government subsidies.

In any case, the latter question will be treated in a subsequent section as it is intrinsically related to the calculations of private and social costs and benefits, the only scientific approach in appraising the patent institution. Whatever incentive potential patent protection may have had earlier in encouraging the inventive spirit of scientists, such a role of the patent system would seem of less consequence today considering that invention and continual innovation is a sine qua non condition for industrial and economic growth.

This is the consequence of substituting the regulations of legal relationships by the authorities for the complete contractual liberty, which, by resulting in unequal positions of the parties, had often led to distortions in competition. , those existing before the end of the eighteenth century, namely that the State granted patent privileges on the basis of their expected social usefulness. 8? " Le Grand, 01'. , p. 75. 84 Roubier, "Droits intellectuels ou droit de clientele," p. 290. 85 C. , 68: 144, October, 1952; in the same sense P.

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International Patent-Legislation and Developing Countries by Ulf Anderfelt


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