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
“To require that an idea be subject to only one will,” continues M.
Walkoff, “is to require no less an impossibility than to pretend that
a material point can obey more than one will—that is to say, that it
can be moved in more than one direction at once. It is true that it is
not proposed to hinder ideas from being developed; it is desired simply
to convert their reproduction or their material realisation into an
indefinitely prolonged monopoly. But, in order completely to succeed in
anything, it is necessary that the object aimed at be in conformity with
the nature of things. Now, is it not placing oneself in opposition to
everything which is most natural, this denying to every one the use of
an idea? And even where this interdict is most successful, we soon find,
in a manner most unassailable by the law, works copied from those to
which the law has guaranteed a monopoly. The effect of the interdict is
here, as in all regulations contrary to the nature of things, essentially
demoralising; it begets fraud, entices to it, even forces to it, in
making it useful and often even indispensable. Forbid men, as was once
supposed by the witty author of the ‘Sophismes Economiques,’ the use of
the right hand, after a few hours, there would not remain, in the eye of
the law, a single honest man. It may be boldly affirmed that such a law
would be immoral, and all those which recklessly contradict the natural
order of things are incontestably such.”
In fact, we repeat, the field which I turned into a garden may not
be used by my neighbour as a pasture-land for his cattle; where I
have planted a vine another may not plant colza or beet-root; but the
steam-engine which I have invented, or the electric power which I have
discovered, may be applied to the grinding of corn, or the spinning of
cotton, or to the extraction of iron, or to the draining of a marsh,
or to traction by land or sea, without the productive force being
neutralised, wasted, or lost, like the application of the productive
force of the soil to different purposes.
Not only do the various applications of the idea not hinder the inventor
in the employment which he may make of it, but if the application made by
others is exactly the same as his, he is only subjected to the universal
law of competition—a law of progress, if ever there was one.
[4] Precis d’Economic Politique Rationale, page 44; Paris, 1868.
II.
The Hon. M. le Hardy de Beaulieu asks, “Why the effort which consists in
rendering productive some natural agent in which this quality was not
formerly recognised, should not entitle to a recompense of property in
the value given to the natural agent in rendering it productive, in the
same way that labour bestowed on barren land to render it productive,
to the profit of all, makes him proprietor of that portion of land who
performed this labour?”
Public-domain text, read in full here on John Shaqi.
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