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 do not wish to prolong too far this answer, but we cannot pass in
silence the arguments which M. le Hardy de Beaulieu thinks he has found
in the facts relating to the inventor of the mariner’s compass, and
to the discoveries of Lieutenant Maury. We will simply remind him of
the following passage from Bastiat: “He who can gain assistance from
a natural and gratuitous force confers his services more easily; but
for all that, he does not voluntarily renounce any portion of his
usual remuneration. In order to move him, there is required external
coercion—severe without being unjust. This coercion is put in force by
competition. So long as it has not interfered—so long as he who has
utilised a natural agent is master of his secret—his natural agent
is gratuitous, no doubt; but it is not yet _common_; the victory is
gained, but it is for the profit of a single man, or a single class.
It is not yet a benefit to all mankind. Nothing is yet changed for the
multitude, unless it be that a kind of _service_, though partly rid of
the burden of labour, exacts nevertheless full pay [_la rétribution
intégrale_]. There is, on one hand, a man who exacts of all his equals
the same labour as formerly, although he offers in exchange only his
reduced labour; there is, on the other hand, all mankind, which is still
obliged to make the same sacrifice of time and labour to obtain a product
which henceforth nature partly realises. If this state of things should
continue with every invention, a principle of indefinite inequality
would be introduced into the world. Not only we should not be able to
say, value is in proportion to labour; but we should no more be able
to say, value has a tendency to be in proportion to labour. All that
we have said of _gratuitous use_, of _progressive community_, would be
chimerical. It would not be true that labour [_les services_] is given in
exchange for labour [_des services_] in such a manner that the gifts of
God pass from hand to hand, _par-dessus le marché_, on the man intended
[_destinataire_], who is the consumer. Each one would always exact
payment for not only his labour, but also for that portion of the natural
forces which he had once succeeded in applying. In a word, humanity would
be constituted on the principle of a universal monopoly, in place of the
principle of progressive community.”—_Harmonies Economiques_, Vol. vi.,
p. 354.
We think, with Bastiat, that the use of natural agents ought to be
gratuitous, and that no one has the right to artificially monopolise in
such a way as to exact royalties [_prélever des redevances_], which are
not due, and which often are obstacles almost as insurmountable as those
which invention ought naturally to remove.
T. N. BENARD.
[5] Unfortunately, this is not true of British law. The illustration
founded on it is (like the rest of these papers) admirable.—R. A. M.
Public-domain text, read in full here on John Shaqi.
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