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Do Patent Rights allow Monopolies in Capitalism?

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Sebastian posted on Tue, Oct 2 2012 5:03 AM

 

I believe the market is very much like evolution - the best producers of goods and services strengthen while their competitors challenge them or die out. One of the main arguments against capitalism is the issue of monopolies and their power over their competitors. If there is a lack of competition then prices and quality can become unfair and unchallenged. Although this is rarely the case because there is almost always competition, there is an issue with market 'monopolies' that can prevent the evolution in the market - patents. Say a technological company supplies the best products in their line of industry, they then obtain patent rights to privatize the next innovative designs and ideas in their line of industry. Their competitors are now restricted to out perform them. In this way a monopoly can be established with the power of the law preventing competitors to out-perform them.

I can understand the value of patents for inventors, but the misuse of them in terms of market evolution is very uneconomical.

I wanted to get some opinions on patents in an ideal market. How do you think they would work best (if at all) in an ideal market?

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"Wow, wow, wow - I just caught this. This is wildly incorrect. I mean, it can say whatever it wants, but it's not eforceable."

Wheylous - how do you figure?  Society would say if it is enforceable or not.  If there were contracts like that the first ones would enter the court system to be weighed upon its legality.

if i signed a contract with an investor with a confidentiality agreement and if he breaks that agreement he gets put to death.  If my idea is a new tetherball then that investor breaks the agreement and starts his own tetherball business off my idea.  Then lets assume that it is proven that he broke the contract willfully.  He is liable to be put to death.  He would obviously would not go willingly with it so it will enter the court system.

I figure there are two options in a free society (that i envision): contracts will have a use of force agreement to appear in court or i think more likely the defendant does not have to appear, but the court proceedings will continue without them.  Then i would assume there would be an appeal process if he is found guilty and sentenced to death, but ultimately he could be put to death.

How can you suggest that its wildly incorrect?

Sure being put to death over profitting and breaking a tetherball contract is a bit extreme and id assume that these situations would not hold up in court.

But lets think of it another way.  What if i discovered a VERY scarce resource and discovered a way to cure all the world sickness with it.  I am also dieing from a disease that i can cure, but i just need the capital from an investor.  So i pitch the idea to an investor he says he likes it and they go into business. The investor opens up a factory and i hand over all the scarce resources to begin production.

Lets make it a little worse too.  Lets say that my cure requires that patients have to forgo all other potential curable procedures in order for my cure to work.  So millions of people forego their procedures and risk life or death for the 6 months until my product can hit the market.  This causes 90% of all medical doctors to go out of business and enter the labor market in other areas other than medicine.

Well instead of making my medical pill with this newly discovered resource he uses all of the resource to make the world's largest tetherball for his backyard.  Since the supply of doctors cant near make up for the huge increase in demand in the previous procedures millions of people die including myself.

Obviously the millions of people dead is irrelevant since no contract was made to them, but it would lead to society's demand that the contract 'death clause' be fulfilled.  The investor was directly responsible for my death by fraudently entering the contract and using my resource to make his tetherball.

How do you think that's not enforcable?

If we accept the notion that personal property is an extention of yourself then how can any contract be enforcable if your life isnt on the table too?  Then no contract is enforceable.  Contracts would be pointless and a free society would never work, because you cant enforce the protection of yourself or your property.

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The capital markets for smaller and mid-sized companies will not be as accessible nor as affordable as they were pre 2008. Therefore, your plans to raise capital to grow your business going forward must be much more strategic and creative than ever before, with a greater focus on strategic investors partnering, licensing, alliances and even domestic and international franchising as strategies for expansion, as set forth in greater detail below.

<a href="http://www.economic-warfare.com/Home/About/">Free Market Capitalist</a>

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