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
It can also be shown how, in another way, labour may be deprived of its
natural exercise by the monopoly with which patentees are invested.
When an individual has taken out a Patent for an invention, or what he
represents to be such, no one is allowed to produce the object patented,
or use it in his manufacture, without paying to the patentee a royalty,
of which he is allowed to be the assessor, and which sometimes assumes
large proportions. The result is, that the produce manufactured can only
be offered in foreign markets at a price so augmented that the foreigner
refuses it if some other producer, residing in a country where the Patent
is not acknowledged, establishes competition. Thus, for instance, France,
which worships Patent-right, cannot export the “Bessemer” steel to
Prussia, because there this product is not patented; whereas in France,
on the contrary, it is subject to a heavy royalty, on account of the
Patent.
The same thing may be said of velvets, which have been very much in
fashion, and for which a French manufacturer took out a Patent. The
effect of this Patent was, that French manufacturers of this stuff were
shut out from the foreign markets, because outside France they had to
encounter the competition of Prussia, whose manufacturers were not
subject to any royalty, the Patent not being acknowledged there.
In our day, when export trade excites so great an interest among all
manufacturing nations, and has so much influence on the prosperity of
internal commerce, M. Michel Chevalier believes that the observation
he is about to make ought to be taken into serious consideration. At
least it follows, according to him, that before approving and continuing
the present system of Patents, it would be necessary that they should
be subjected to uniform legislation in every country. Now there are
manufacturing nations—Switzerland, for instance—which absolutely refuse;
there are others where Patents are subjected to so many restrictions that
it is as if they did not exist; such is Prussia.
From the point of view of the right of property, it is contended that
Patent-right should be respected, since it only assures property in
invention in the interest of him to whom the community is debtor. M.
Michel Chevalier sees in this argument only a semblance of the truth. We
must first inquire whether an idea may really constitute an individual
property—that is, exclusive personal property. This pretension is more
than broached. A field or a house, a coat, a loaf, a bank-note, or credit
opened at a banker’s, readily comply with individual appropriation,
and can hardly even be otherwise conceived of; they must belong to an
individual or to a certain fixed number of persons; but an idea may
belong to any number of persons—it is even of the essence of an idea that
once enunciated, it belongs to every one.
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