Recent discussions on the abolition of patents for inventions in the United Kingdom, France, Germany, and the Netherlands : $b Evidence, speeches, and papers in its favour
General
Recent discussions on the abolition of patents for inventions in the United Kingdom, France, Germany, and the Netherlands : $b Evidence, speeches, and papers in its favour
Patents
Would it not be more reasonable to acknowledge that if the learned
law-makers of the numerous countries in which the principle of property
in inventions has been adopted have not been able to frame laws capable
of protecting the rights of pretended proprietors conjointly with those
of individuals and society at large, it is because the principle is
radically wrong, and contrary to the general interests of mankind? The
law-giver finds an obstacle at every side in legitimate scruples; he
fears to give too much, and he fears to take too much.
At present the censure is almost unanimous, it is acknowledged. Let us
suppose that property in invention were abolished, and what complaints
would result from the abolition? Few or none. When the inventor knew
that, placed on the same level as all other workers, he must only rely
on his intelligence, his capital, his time, and his right arm he would
leave off claiming a privilege and complaining of the insufficiency of
his rewards. At present the inventor says to the State: “I have found
out a great thing, but I require your protection; you must place at my
disposal your agents and your law-courts; the first shall enter the homes
of my fellow-citizens, shall search their drawers, examine their books
and papers, in my interest. By the second, their cause being lost, shall
be condemned to ruin and misery. I am about to bring ruin on such and
such manufacturers, to condemn a crowd of work-people to idleness; but
you must grant me a privilege which will place me beyond the reach of
all opposition, and allow me to make a fortune, quietly and without much
chance of a failure.”
What difference do the champions of Patents find between this language
and that which was held by the Protectionists? They also required
Custom-house officers, and law-courts always open, to punish the
smuggler; they further required the ruin of those who traded with distant
countries, and the continual inactivity of our mercantile marine and
sea-board population.
VIII.
The honourable Belgian economist next combats the opinion of those
who, struck by the numerous and weighty inconveniences presented by
the Patent-Laws, and their extreme diversitude in every country, have
imagined a remedy in the expropriation of invention for the public good.
We shall be far from attaining our object if the reader has not
already understood that, renouncing all idea of property as applied
to manufacture, we shall not discuss this phase of the question. We
will say, however, that we must protest with all our might against the
following principle, expressed by M. le Hardy de Beaulieu: “Neither can
we admit,” says he “the justice of expropriation for the public good so
far as it concerns property in inventions any more than in real property.
Here also,” he adds, “the _right_ of one ought to prevail over the
_interest_ of the greater number.”
Public-domain text, read in full here on John Shaqi.
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