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
for granted, he asks, “Could such difficulties not be obviated through
a _reform_ of the Patent-Law?” Once at a time, Alexander made himself
famous by cutting through the Gordian knot. That was a despot’s doing;
he might have deserved more fame had he succeeded in disentangling the
knot. Such should be the final aim the legislator ought to strive to
reach. Finally, the hon. member puts forward the question, whether the
passing of the law now before the House might not involve the country in
international troubles; for, Switzerland alone excepted, every country in
Europe has its Patent-Law. Besides, we are aware that, as far as literary
right of property is concerned, a neighbouring country has, against its
will, been compelled to maintain it. We, at our turn, might once have to
come back to what we want at present to repeal. Let us, therefore, be
cautious.
M. HEEMSKERK AZN remarks that continued allusions are being made to
reaction. Generally speaking, such allusions are made out of personal
motives; but he should very much like to see a real live reactionist, who
would like to repeal what progress has brought us. There may possibly be
people extant who would wish to do so, but as for him, he is not aware
of any reactionary plots against our institutions, or the effects of
science and progress; yet this very project now before the House, which
_he_ considers to be _reaction_, has been most favourably received in
Committee. Should the Netherlands Legislature sanction it, _then_ he
shall have to believe in the existence of reaction. For it is an easy
thing to find evidence of reaction in the project under discussion.
M. van Zinnicq Bergmann has already more or less demonstrated it. He
(M. Heemskerk) will add a few more particulars. Where, the hon. member
asks, lies the origin of Patents? In the cultivation of a free spirit,
and the ennobling of labour; and of these, the right of protection
existed since time immemorial. Deviating from the civil rights, the
Stuarts, through favour or arbitrary motives, granted “privileges;” but
the Free Parliaments saved Patents, that protect inventions. Moreover,
this principle has been adopted in the most freedom-advocating of
constitutions—viz., that of the United States. The same may be said
with regard to France. On the 31st December, 1790, the “Assemblée
Constituante” resolved that the right [of property] in inventions should
be guaranteed, and in this resolution originated the first French
Patent-Law. The Netherlands would be the very first country on earth
(with one exception only) to deviate from the principle of a right of
property in inventions, in a moment, when public opinion, dissenting
thereby from a few economists, everywhere declares in favour of Patents.
He reminds the House of the immense influence inventions have had on
history and society, such as the invention of printing, of the compass,
steam, gas, &c. And would it be fair to withhold from those who promote
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