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 will add one word more with reference to M. Heemskerk’s
readiness in accepting the challenge, of framing a new project of law,
and he must say that, whatever be the nature of such proposal, it can
hardly be expected to satisfy those who condemn the principles of
Patent-Law. But the orator who is so well posted must certainly have
framed already the main points from which the project would have to
be formed. By stating and explaining those points, he would have done
more service to the House than by mere opposition to those who favour
abolition. The hon. member repeats the important query, whether Patents
should be granted without previously inquiring into the merits of the
case; and then Government would have to give its opinion just as well on
an improved chignon as on an improved steam-engine.
M. GEFKEN gives his motives for voting in favour of the project. He
says, where there is a right of property, it must be permanent, and even
transferable to the heirs; but a guarantee for a few years would not do.
He consequently does not recognise the right of property, and merely
considers the question with a view to usefulness; and, as far as that
goes, his experience in administrative and juridical offices has taught
him that Patents are not actually useful, and, on the contrary, lead
to speculation and impede the development of many a useful concern. He
favours free competition.
M. VAN VOORTHUYSEN will not revert to M. Bergmann’s remark about his
being accustomed to recapitulate the debates, but denies having intended
to force upon him the authority of M. Wintgen’s opinion. Such is not the
case; but the fact of the opinions of two such jurists as MM. Godefroi
and Wintgen agreeing has set his mind at rest as far as legal opinion is
concerned.
M. HEEMSKERK AZN replies to M. Godefroi, and does not see why he should
just now go and sketch his project. Give him time and opportunity, and he
will introduce a Bill, provided this project be deferred; and, in fact,
what are they making such haste for?
Minister FOCK maintains his sayings about the Prussian Government
favouring revocation, and further explains that the new division in
his department has no connexion with Patents, but was made so as to
concentrate all matters referring to industry. As for the right of
property in inventions, he would merely add that, according to our
legislation, Patents are but favours, which may be granted or not, as the
case may be.
Hereupon the discussion is closed.
With reference to Art. 1, M. Lenting asks, why the date on which the new
law has to take effect should be fixed for the 1st January next. He would
prefer that the words be, “After the day of the publication of the law;”
then no new Patents would be granted, those already applied for only
excepted.
The Minister inserts the amendment, after which Arts. 1 and 2 are passed.
The project is then put to the vote, and passes the House by 49 ayes
against 8 noes.
Public-domain text, read in full here on John Shaqi.
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