Medical Monopoly: Intellectual Property Rights And The Origins Of The Modern Pharmaceutical Industry

Hardcover | October 24, 2014

byJoseph M. Gabriel

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During much of the nineteenth century, physicians and pharmacists alike considered medical patenting and the use of trademarks by drug manufacturers unethical forms of monopoly; physicians who prescribed patented drugs could be, and were, ostracized from the medical community. In the decades following the Civil War, however, complex changes in patent and trademark law intersected with the changing sensibilities of both physicians and pharmacists to make intellectual property rights in drug manufacturing scientifically and ethically legitimate. By World War I, patented and trademarked drugs had become essential to the practice of good medicine, aiding in the rise of the American pharmaceutical industry and forever altering the course of medicine.
           
Drawing on a wealth of previously unused archival material, Medical Monopoly combines legal, medical, and business history to offer a sweeping new interpretation of the origins of the complex and often troubling relationship between the pharmaceutical industry and medical practice today. Joseph M. Gabriel provides the first detailed history of patent and trademark law as it relates to the nineteenth-century pharmaceutical industry as well as a unique interpretation of medical ethics, therapeutic reform, and the efforts to regulate the market in pharmaceuticals before World War I. His book will be of interest not only to historians of medicine and science and intellectual property scholars but also to anyone following contemporary debates about the pharmaceutical industry, the patenting of scientific discoveries, and the role of advertising in the marketplace.

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During much of the nineteenth century, physicians and pharmacists alike considered medical patenting and the use of trademarks by drug manufacturers unethical forms of monopoly; physicians who prescribed patented drugs could be, and were, ostracized from the medical community. In the decades following the Civil War, however, complex ch...

Joseph M. Gabriel is the George Urdang Associate Professor of the History of Pharmacy at the University of Wisconsin.

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Format:HardcoverDimensions:328 pages, 9 × 6 × 1.2 inPublished:October 24, 2014Publisher:University Of Chicago PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:022610818X

ISBN - 13:9780226108186

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Extra Content

Table of Contents

A Note about Terms
Introduction

1 Medical Science and Property Rights in the Early Republic
2 Monopoly and Ethics in the Antebellum Years
3 In the Shadow of War
4 Therapeutic Reform and the Reinterpretation of Monopoly
5 The Ambiguities of Abundance
6 The Embrace of Intellectual Property
Conclusion: The Promise of Reform

Acknowledgments
Archival Collections Consulted

Notes
Index

Editorial Reviews

“Medical Monopoly is a fascinating book about the history of intellectual property (IP) rights in pharmaceuticals. Gabriel traces the role that patents and trademarks played in the development of the pharmaceutical industry, explores the question of whether IP rights promoted research and development, and identifies the changing attitudes of physicians and scientists to the propriety of patenting drugs. The book reaches a number of conclusions that are surprising to the contemporary student of both IP and pharmaceuticals, and Gabriel does a nice job of marshaling the massive amount of evidence he uncovered into a chronological narrative. This important work will be of interest to historians of patents and trademarks; to historians of medicine, science, and technology; and to scholars of contemporary IP and science policy.”