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. VAN VOORTHUYSEN will not enter into many details, the subject having
been considered both from a juridical and an economical point of view.
He will, therefore, restrict himself to a few remarks on M. Heemskerk’s
speech. The hon. member acknowledges the satisfaction the project gives
him; it gratifies the feelings to which he has given vent a great many
times. It has been said that the measure was a step backward, as Patents
have taken the place of exclusive privileges to guilds. At the time the
Patent-right was assuredly an improvement on the then existing system;
but we have been progressing so much since then that at present nothing
short of abolition will satisfy the wants of progress. He also refers
to the conclusion arrived at by Lord Stanley, which point M. Heemskerk
has left unnoticed—viz., 1st, that it is impossible to reward all who
deserve to be rewarded; 2nd, that it is impossible to reward adequately
to the service rendered to society at large; 3rd, that it is impossible
to hold third parties harmless from damage. And, in fact, the alleged
instance of the Daguerre prize having been divided with another who
equally proved his claim to the invention, speaks for itself. It is
doubtful who was the first inventor of the steam-engine; there are
several, at least, who claim the invention as their own. There is another
point he feels bound to refer to. M. Heemskerk has said that abolishing
Patents constitutes an attack upon the right of property, and that deputy
cautions against a first step, perhaps to be followed up by others. This
being a very serious inculpation, the hon. member has asked the opinion
of an eminent jurist, whom he will not name as yet, whose authority M.
Heemskerk is not likely to deny, and who is in many respects congenial
with that esteemed deputy. The hon. member reads that opinion of one of
the foremost opponents of Patent-right, who calls it an obnoxious and
intolerable monopoly. And who is that clever jurist? It is M. Wintgens,
who very likely owed to his extraordinary acquirements in law matters
his appointment to the Department of Justice in the Heemskerk van Zuylen
Ministry.
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