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
SECOND CHAMBER OF THE NETHERLANDS LEGISLATURE, SESSION OF 21st JUNE,
1869.—DISCUSSION ON THE ABOLITION OF EXCLUSIVE RIGHTS IN INVENTIONS AND
IMPROVEMENTS OF OBJECTS OF ART AND INDUSTRY—(PATENTS).
M. VAN ZINNICQ BERGMANN was not sufficiently prepared for the discussion
while the project was in Committee. He feels much sympathy for all such
measures as tend to do away with impediments to trade and industry.
At the same time, people ought to discriminate between the kind of
protection which is a hindrance to industry, and may be called monopoly,
and the one to which property is entitled on the part of the State.
At this part of his speech the hon. member indulges in extensive remarks
on the right of property. According to Roman law, the right of property
was a “_jus quod natura omnia animalia docuit_.” But that definition is
not a correct one, as the right of property is especially maintained in
civilised society.
After that, the hon. member launches himself into allegory. Try, quoth
he, to drive the lion from his den; he will defend it until his last
drop of blood! Look at the boy who snatches the young and tender bird
from its nest; the mother will pursue the robber, and not leave him.
Now, he should like to know whether an artist, an inventor, an author,
has, or has not, a right of property in his work which entitles him to
the benefits to be derived from it? This question he answers in the
affirmative, and refers to Soy, Massé, and the “Assemblée Constituante”
of France in December, 1791. And why should there be no right of
property? Perhaps on account of an article in the Civil Code, which
says, “_possession vaut titre_,” or of a restriction to a greater or
smaller lapse of time? We are continually referred to England and the
United States. But what is England? England is a country at the same
time emancipated and in course of emancipation. Duly considered, England
will be found to be, internally, in about the same state in which
the Netherlands were before 1795, or before the end of the sixteenth
century—(laughter)—but, the hon. member adds, always accompanied by such
improvements as rulers have successively granted with regard to Patents.
England may have had its commotions; but, nevertheless, charters have
never been otherwise but granted, and the privileges, exacted though they
may have been, were received at the hands of the King. And what have we
been doing? We expelled our Stadholder, and got annexed to France; the
principles of 1798 have taken root in our country, and continue to be the
basis for present action. The hon. member further argues that Patents
are granted to emancipated slaves, but free citizens take out “brévets
d’invention.” He is of opinion that it is a wrong impression that Patents
are to be placed upon a line with the abolition of guilds. There is no
connexion whatever between these institutions, and this he demonstrates
by reference to French authors. Even taking Michel Chevalier’s doctrines
Public-domain text, read in full here on John Shaqi.
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