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
A strict Patent-Law is subject to strange drawbacks, which have been
chiefly demonstrated by the inquiry in England; whilst in Holland the
well-known decision of the Supreme Court of 1846 has well-nigh vitiated
it.
Under the circumstances, no choice was left our Government but between
a stricter law than before and complete freedom. Very justly it has
declared in favour of the latter, and, as it states, chiefly Switzerland
in its eye, where very many branches of industry are in a most
flourishing condition, ascribable, in part at least, to the very absence
of Patent-Laws, with their escort of drawbacks and law-suits. There the
manufacturer goes upon his own errand, avails himself of inventions made
by others, and, if he cannot at once get at the bottom of the same, tries
to arrive at them through his own exertions and his own ponderings.
The step taken by Government deserves the more approbation, inasmuch as
no legislation can sufficiently guarantee to the real inventor _that_
exclusive right which is considered a reward for the service rendered to
society. Not seldom it happens that the inventor is a scholar, who makes
the fruit of his labours public, leaving to others the deriving pecuniary
benefits from it.
Some persons, adverse to Patent-Laws, cannot yet make up their minds as
to the new system being in accordance with morality, and perhaps be an
encouraging of the dishonesty which lies in the appropriation of another
man’s invention, thereby reminding the Netherlander of Güttenburg. To
this we may bring forward the argument that, as far as the deed ascribed
to that German falls within the limits of theft, or of violation of
contract between master and servant, nobody will defend it; but in the
circumstance that Güttenburg, having once mastered the art, applied it to
bring it into operation, and by exerting his intellect, raised it to a
much higher pitch of perfection, there lies nothing dishonest. If these
proceedings be incriminated, then the principle ought to be transferred
to another field—that of trade. Then the merchant who takes advantage of
a new outlet or a new branch of commerce inaugurated by another, ought to
be reprobated; but if so, farewell to all competition—nay, to the very
principle of free-trade.
A few of the supporters of the Patent-Law ask whether Copyright does
not rest upon the same basis as the exclusive right to inventions, and
whether the new law will not be followed in its wake by the ignoring
of literary property. But against a few similarities we have a material
difference in substance.
If not all, yet most literary productions bear such a marked stamp of
individuality, that intellectual property cannot be contested. However it
may be, the different subjects have each their own laws, and both authors
and publishers we quite leave out of the question.
OPINION OF THE LEADING JOURNAL OF HOLLAND, THE “ALGEMEEN HANDELSBLAD.”
Public-domain text, read in full here on John Shaqi.
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