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. GODEFROI said:[8] I rise to make some observations on three points
in the speech, containing so much that is valuable, delivered by M.
Heemskerk. These points are, first, the legal basis; secondly, treating
the question on the footing of Copyright; and, thirdly, the reference
to the practice in foreign countries. The speech of the hon. gentleman
who preceded me has made my task with reference to the two first points
peculiarly easy, so that I can content myself in a great measure with
simply referring to it. His confutation of the legal basis, as laid
down by M. Heemskerk, appears to me conclusive. To speak of occupation
in a non-material sense, to say that the _primus occupans_ can maintain
for himself or make over to another, on certain conditions, does seem
to me an untenable position. We must take into consideration what the
preceding speaker has already proved, that occupation from which a claim
can be made, and which one can consider as equivalent to the right of
possession, is inconceivable when the right is of a temporary nature.
But this is not all. How can any one acquire by occupation anything that
another at the same moment may occupy in precisely the same way? How
is it possible that two persons at precisely the same moment (and this
possibility is here not to be denied) can by occupation be possessed
of the same right? I shall say no more on the first point. The second
point, treating the question on the footing of literary property, or
Copyright. I freely admit that, if I were convinced, in case of our
consenting to pass this Bill, we should be pronouncing the abolition of
Copyright, I should recoil from giving my vote in its favour. But the
preceding speaker has, in my opinion, most clearly shown the points of
difference between industrial and literary property. I think I may be
allowed to refer, for further confirmation of the view I am taking, to
the observations of a man held in general consideration, and of especial
weight in this case, inasmuch as he was President of the Commission
appointed by the British Government to inquire into the question of
the retention or abolition of the “Law of Patents.” I refer to Lord
Stanley, who, in a debate in the House of Commons on the 29th May, to
which the hon. member for Gorinchem appealed, expressed himself with
regard to the difference between Patent-right and Copyright in a manner
so clear and distinct that I cannot even now see how I can improve upon
his distinctions. Lord Stanley said, speaking of the distinction: “The
analogy seemed a plausible one, but he thought that, on being looked
into, it would not hold water. The difference was simply this: he did not
rest it on any abstract ground as to the distinction between invention
and discovery, but on the obvious fact that no two men ever did or ever
would write, independently of one another, exactly the same book; each
book, be it good or bad, would stand alone; whereas it might happen that
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