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
this impossibility to the application of the principle in itself. Lord
Granville declared also, in a sitting of the Upper House, on July 1st,
1851, that his opinion was formed from the sentiments of the judges;
and he added: “The only persons who derive any advantage from the Law
of Patents are the lawyers. Except, perhaps, warrants for horses, there
is no subject which gives such an opportunity for roguery as the Law of
Patents.” And one of the law lords of the Upper House, Lord Campbell,
declared, after hearing the speech of Lord Granville, that having
been for nine years legal adviser of the Crown, and having had some
experience in the matter, he coincided perfectly in the opinion of Lord
Granville. The inquiry made by the English Government Commission led
to the same result. In the sitting of the Lower House on May 28 of the
present year, of which I have already spoken, Lord Stanley distinctly
said that he had taken his place in the Commission with the impression
that the business before them was not to abolish Patents, but to take
measures for the amendment of the English law on that subject. During
the inquiry, however, together with those who took part in it he had
come to the conclusion that not only the existing law, but every law on
Patents, would meet with almost insurmountable difficulties, because
these difficulties do not lie in the application, but are inherent in
the principle. M. Heemskerk made it appear yesterday that the result
of the discussion of May 28 in the Lower House was in favour of the
continuance of Patents. I cannot go to such a length in my estimate of
that discussion. A motion was brought forward by Mr. Macfie, [an ex-]
President of the Liverpool Chamber of Commerce, to declare that the time
had now arrived for the abolition of Patents. At the end of the debate
the motion was withdrawn by the proposer. Now, the hon. member for
Gorinchem has drawn the conclusion, from the course pursued, that the
proposer durst not put his motion to the vote, because he was certain
of a minority. The conclusion is somewhat hasty, for nobody can tell—we
at least cannot—what the vote of the Lower House would have been had
the motion been put. Besides, the object of the motion appears in the
speech of the proposer. His chief aim was to invite discussion, “to lay
a general view of the subject before the House,” as he expressed it,
rather than to get a decision. In his speech he also gave it as his wish
that the subject should be again investigated by a Government Commission.
I am of opinion that, from what I have said with reference to England,
the conclusion cannot be drawn that the retention of Patents is there
the unqualified and prevailing determination. Belgium: The last law on
Patents, the law of 1854, is there in operation. I know not if it works
well, and perhaps it would have been worth while for the Government to
get such information. Meanwhile I have a thick volume here before me,
Public-domain text, read in full here on John Shaqi.
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