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
All this, as it affects progress, the free expansion of forces,
is infinitely grave. Franklin has found for his precepts, already alluded
to, more than one adept pupil. One modest _savant_, whose name deserves
to be better known among us for his numerous services rendered to science
as well as to the arts—Conté—honoured to replace in France the pencils
of England, the importation of which was not possible in time of war—not
only supplied by his new process the want of plumbago with success, but
made it better than the English. To him are due, besides black-lead
pencils, which make his name celebrated, the crayons of various colours,
which have been so serviceable in the arts of design. Well, like
Franklin, he presented his process to industry, and contented himself
with being first in the new manufacture. It must be remarked that he who
thus opens the way easily maintains the first rank which the date of his
invention assigns him, and which public confidence assures him....
Before concluding, M. Paul Coq adverted to the distinction between
the right of property generated by a creation of a work of art or of
literature, and factitious property decreed in the interests of industry.
The skilful painter, who should copy faithfully line for line, tint for
tint, a _chef d’œuvre_ like the picture of Ingres, which every one knows,
“The Source,” in order to expose it for sale and pocket the advantages,
not merely lays hold of the property of a great artist who lives by the
fruit of his talent, but perpetrates, in all points of view, an action
mean and vile. To inventions in the domain of the useful arts, processes
and operations do not carry the stamp of personality, which is the glory
of the artist and author, and which of itself constitutes a protection
equal to that which protects right of property.
The invention is something _impersonal_, like a service rendered and
returned, which is not exchanged or paid by services of equivalent
weight and description. There is, therefore, no plausible objection
to maintaining unimpaired the common right, which, by its freedom of
movements, its equality, and its reciprocations, alone efficaciously
favours the result of which these are the indispensable corollaries.
EXPERIENCE IN FRANCE.
_The following observations were published in the AVENIR COMMERCIAL,
November 1, 1862, and June 28, 1863, have been kindly translated and
presented by the Author_:—
THE RESULTS OF A BAD LAW.
I.
When you walk along a public road, if you find a watch, a diamond, a
note of a hundred or a thousand francs, and, far from seeking the owner
to give it back, you apply it to your own use, moral law and civil law
take hold of you and condemn you without hesitation. It matters not
whether he who lost what you found be rich or poor, his carelessness, his
negligence, or the accident that caused his loss, give you no sort of
right to use it and make it yours.
Public-domain text, read in full here on John Shaqi.
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