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
M. DE BRUYN KOPS would not enter into all particulars, the matter having
been treated at length in the sundry documents relating to it; but he
would restrict himself to a refutation of M. Heemskerk’s arguments.
He is in a position to place himself on a very simple point of view.
The law of 1817 is generally disliked, in principle as well as in its
details. It has been admitted that it does not give the inventor any
guarantee, and this on the ground of the issue of some law-suits which
have sprung up from it. So Patents, far from giving a security, hinder
the general public and impede industry. It is a fact worthy of notice,
that the leading industrial organs, such as the Chambers of Commerce and
Factories, the Industrial Society, the Union for Promoting Mechanical
and Manual Industry, and the Nederlandsche Industrieel, unanimously have
declared against Patents; so have a score of industrials. Are these not
facts worth more than a few considerations about a right to special
protection? Add to this the circumstance that in those countries where
Patents do exist difficulties are gradually increasing; as, first of
all, the question arises, whether the invention is really a new one;
and to ascertain this is very often a most arduous task. Then, again,
Patents are being asked for mere trifles. Within a short period, 126
Patents for improving bicycles have been taken out in England. It thus
becomes necessary to make a minute inquiry into the usefulness of the
matter. This has been the cause that in France they have gone to the
other extreme—granting Patents “without guarantee by Government.”
Patents are not consequent upon the recognition of man’s, or inventors’,
rights; they are the remainders of the guild system, and of protection
to national industry in exclusion of foreign. It cannot be a question
of right of property, for, if such were the case, Patents would not be
granted for a fixed term of years. If invention means right of property,
why, then, that arbitrary restriction? Originally the idea may have
been a good one, but in the sequel it has proved a failure. There are
examples of different persons having made the same invention without
having any knowledge of each other. It is consequently becoming almost a
matter of impossibility to ascertain priority. The hon. member says that
all endeavours to bring about a practical result out of an originally
elevated idea have utterly failed; that the guarantee of the right is,
as has been proved by means of the report in England, at best uncertain
and unsatisfactory; and that when the project shall have been made law,
he will rejoice at his country having been foremost in leaving the wrong
track.
SESSION OF TUESDAY, 22ND JUNE.
The President reads an address from the Board of Directors of the Union
to Promote Mechanical and Manual Industry, of Rotterdam, in which they
support the project now pending before the House.
The discussion on the subject is continued.
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