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
two or three men, quite independently of one another, would hit upon the
same invention. That alone established a distinction between the two
cases.” And he was perfectly right. While it is impossible for two men,
independently of one another, to write the same book, it is not only
possible, but such a case _has_ occurred, for two men to make the same
discovery—to light upon the same invention. There are examples of this
in the history of French industry. Daguerre and Niepce both pursued that
line of thought from which photography took its rise, and the fact is so
well ascertained that when the French Academy of Sciences had to come to
a decision about assigning a reward for the invention, they divided the
reward between Daguerre and the children of Niepce, then deceased. In a
report made by the present Minister of Public Works in Belgium, M. Jamar,
with reference to property in drawings and models of machinery, the
question of Patents is treated, and I notice in it one highly important
observation applicable to this subject under discussion. It is known—it
appears also in the supplement annexed to the Official Report—that at the
conclusion of the first Great Exhibition in London, the French Commission
brought out a report, in which the renowned politician, Michel Chevalier,
as the result of conclusions drawn from the Exhibition, declared himself
in favour of unconditional abolition of Patents. How did Michel Chevalier
come to that opinion? The report to which I refer informs us, and from it
I extract the following passage: “On seeing at the Exhibition in London,
at a few paces from each other, the same machines, the same tools, new
productions, invented or discovered a thousand miles apart, by men who
arrived at the same result sometimes by different ways, legislators and
magistrates felt themselves bound to ask to what principles of justice
and equity could one of these inventors appeal, that he might obtain a
temporary monopoly rendering abortive the efforts and experiments on the
part of ten other inventors as persevering, as conscientious, and as
intelligent as himself?” When Michel Chevalier, at the London Exhibition,
had seen a few paces from each other the same inventions, presented as
the mental produce of persons who lived thousands of miles apart, and
knew nothing of each other, he might well say that it is impossible to
recognise an exclusive right. But here is another proof that industrial
property and Copyright cannot be put upon the same footing. Moreover,
Patent-right precludes the possibility of the same thought being carried
out, at least for a time, but Copyright does not. Lastly, the third
point—the appeal to the feeling in foreign countries. M. Heemskerk, in
his excellent speech of yesterday, made it to appear that the feeling
on this subject in foreign countries was that the abolition of Patents
was condemned. It is perfectly true that at this moment, in most of the
Public-domain text, read in full here on John Shaqi.
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