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
progress that protection which is legally due to them; whereas there
is no end of provisions in the code protecting mere material property,
such as the right of inheritance until the twelfth degree, lotteries,
stock gambling, and the like? Government has evidently been aware of
the circumstances standing in the way of the project, as is proved by
page 1 of the Memorial of Explanation; but it shrinks from the logical
consequences. The Patent system is based upon the principle that nobody
should enrich himself by another man’s property. This has also lately
been argued at length in Savornel Lohman’s pamphlet. The hon. member
gives it as his opinion that in this matter an author is in exactly
the same position as an inventor. If Patents be abolished, we shall
logically have to come to repealing Copyright as well. A counterfeited
edition is nothing else than the imitation of an object of industry;
the writer is an author, but the inventor is no less an author. Amongst
others, he refers to a speech from Lamartine (as reporter of a Committee
in the French Legislative Chambers, which consisted of the then most
eminent economists) on the Patent-Law of 1844, which is still in force.
He insists that the justice of his system of maintaining the right
of property is proved beyond a doubt by the ever and again recurring
circumstance of an inventor lacking capital for a practical application
of his lucubrations. Still, he often obtains the requisite means; and
now everybody will be enabled to imitate the result of his thoughts and
labour, and to reap the profits to accrue from the same. He points to
Professor Visvering’s work on practical economy, who also recognised
that, if no exclusive Patents be delivered, still inventors had a
right to a remuneration of some kind. Those who oppose the Patent-Law
contend that an inventor is not entitled to a reward; he admits that
no reward should be expected, but most assuredly the inventor may lay
claim to remuneration for the labour expended on the invention. We are
referred to Switzerland, where no Patents are given. But what of that?
In the first place, most of the industrial Cantons of Switzerland are
clamorous for a Patent-Law; secondly, the Swiss, as a body, equally want
the measure to be put through; and, in the third place, the hon. member
points to the large benefits which, according to Klosterman’s recent
work, Swiss industrials derive from foreign Patent-Laws. It is alleged
that the number of Patents which are being delivered [in Holland] is but
small. But, says M. Heemskerk, foreigners, on the contrary, claim that
the number is large. There exists apprehension of law-suits; but can
that be brought to bear upon the repeal of the Patent-Law? In that case,
landed property would be the least tolerable, as the proverb says—“_Qui
terre a, guerre a._” Moreover, no three law-suits are known to have
sprung up from Patents in this country since the law has been in force.
Public-domain text, read in full here on John Shaqi.
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