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
We reject the proposed assimilation of this property to that of the
soil, because the privilege sought to be created cannot fail to hinder
and lessen the right of each member of the body politic. We reject
this privilege because nothing justifies it; the services rendered to
society by inventors being nowise different in their nature from those
daily conferred by skilful manufacturers, intelligent agriculturists,
_savants_, navigators, &c.
Finally, we reject it because history attests that great discoveries were
made before there was any conception of such property, and that it could
hardly be in operation at this day, except with regard to modifications,
or, if you will, improvements [perfectionnements], which do not merit
this abstraction from the common right.
ADDITIONAL CHAPTERS (FROM THE MAY NUMBER OF THE _JOURNAL DES
ECONOMISTES_).
The question of granting or denying a property in inventions is of
such importance that the discussion raised by the honourable Belgian
Professor, M. le Hardy de Beaulieu, ought not to be allowed to drop, and
that we should try to renew it.
We believe it to be of importance for the future of manufactures and of
progress, and most especially to the security of real property, that
whatever is doubtful and disputed in this question be deeply studied, and
that all should be agreed as to what property is, and if this title ought
to be applied to all or any of the inventions which daily start up.
M. le Hardy de Beaulieu pretends that one of the most frequent errors
of those whose enlightenment ought most to guard them against it
is to believe that property being inherent in matter, is, like it,
imperishable, and that property in land especially is as durable as the
land itself. He adds that we should beware of it, because this error
lays open landed property without defence to the attacks of communists
and socialists, who, sliding down the incline of irresistible logic, are
fatally led to declare all property illegitimate, to whatever purpose it
is applied.
Here, it seems to us, is a misunderstanding which may be easily explained.
We do not believe that property is inherent in matter, any more than
we believe that value is confined to any given substance. We believe
that property is the result, the consequence, of human labour which
has been incorporated in matter. As long as value conferred on land by
labour endures, so long the property has a _raison d’être_, and cannot
be contested. It is labour which has allowed the utilisation of the
productive faculty of the soil, and productive faculty remains, like the
property, as long as labour is bestowed in preserving, improving, and
increasing it.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account