Acum 196 de ani Thomas Jefferson, intr-o scrisoare catre Isaac McPherson, scria:
If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of everyone, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me.That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density at any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation.Inventions then cannot, in nature, be a subject of property. Society may give an exclusive right to the profits arising from them, as an encouragement to men to pursue ideas which may produce utility, but this may or may not be done, according to the will and convenience of the society, without claim or complaint from any body.
Credeti ca brevetul de inventie isi mai justifica azi existenta ? Mai incurajeaza el azi creativitatea ?
Posibil sa nu.
Problema mai grava este ca brevetul de inventie nu mai are astazi, ca obiect si ca notiune, un sens. Inseamna cam la fel de mult ca “primul foton care trece prin fanta stinga”. Ce foton ? Ce trece ?
In privinta “sensului” cred ca te inseli. Brevetul este o excelenta bariera comerciala in mana companiilor care au puterea sa-l faca respectat. Imi pare ca inlocuiesc pentru companii in mare parte barierele vamale ale statelor din era pre-WTO.