Article explores the evolution of legal protection for inventions amid monopoly privileges in England.
In the opening part of his article on the legal protection of inventions in England in the 16th to 18th centuries, the author discusses such institutions as, for example, protective privileges of craftsmen and monopoly privileges of the towns, which are reminiscent of patents and sometimes are being confused for them. In the second part the author outlines the developments in this particular field in 16th century England where the idea was raised of remunerating inventors or individuals introducing some novelty. This progressive trend was forced into background by the granting of monopoly licenses for already introduced production and for trading. Protracted and stubborn struggle was waged against this type of monopolies (Parts III, IV, V and VI) during the reign of Elisabeth I, under the Stuarts and during the Revolution. Eventually it resulted in a suppressions of the monopolies and in the gradual development of the principles of legal protection of inventions. An important role was played in this respect by parliamentary debates, the Monopoly Act of 1623/24 and judicial decisions. In Part VII of his study the author discusses the development of patent law after the Revolution, the basic trends, the principles and the legal forms of patent protection. In conclusion the author compares the two stages in the development of patent law in the given period and their contribution to the formation of a system of legal protection of inventions.
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Stanislav Balík (2020) studied this question.
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