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
European States, there still subsist laws for conferring Patents. But
must we thence infer in foreign countries an overwhelming conviction,
that there must be no abolition? I do not think so. There are, in fact,
evidences on this point worth attending to, which I shall proceed to
lay before the House. How is it in France? The law of 1844 is still in
force; but is it approved in France? Certainly not. They are convinced
that the operation of this law has given rise to the most serious
difficulties. This is a fact; and this fact has led to several proposals
for modification which have been pending for some years, and are still
pending, although the French Chambers get through their work more rapidly
than we do. The proposals have been already for several years pending,
because the carrying them out is hindered by the impression which the
valuable report of Michel Chevalier has produced, for every day the doubt
gains force whether it is a question of improving the law, or whether
it is not much rather a question of putting an end to the granting of
Patents. England—it is known that two investigations have taken place
in that country. One in 1851, by the Upper House; the other in 1862, by
a Government Commission, which issued its report in 1865. What was the
result of the investigation in 1851? I find the result in the report
of M. Jamar, which I just now referred to. I will read the following
extract: “The result of this inquiry was remarkable. Lord Granville
had been President of the Commission charged with presenting the Bill,
which, while it modified the Law of Patents, respected or left untouched
the principle. The inquiry so completely modified his convictions, that
he did not hesitate to declare, in the sitting of the House of Lords on
the 1st July, 1851, that he considered the issuing of Patents was an
advantage neither for the inventors nor the public.” So the Commission
of Inquiry, which undertook the task of discovering what amendments
could be made in the law, came to the conclusion that it would be better
to abolish Patents. I should occupy the House too long were I to quote
all that M. Jamar, in his report, borrowed from this Commission of
Inquiry. I will content myself with remarking that, among the witnesses
examined, and on whose testimony the opinions of the Commission were
founded, there were men perfectly well qualified to form a judgment.
They were not only economists, men of science, but also men of business,
practical men: Cubitt, President of the Institution of Civil Engineers;
Brunel, the celebrated engineer; Ricardo, Member of Parliament; Reid,
President of the Committee for carrying out the Great Exhibition of
1851; and other industrial and commercial witnesses, so described in
Jamar’s report. According to the same Belgian report, the testimony of
the English judges was very remarkable. They almost unanimously declared
that it was impossible to apply the law, and that they did not ascribe
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