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
Although we think it rather difficult to form a general opinion on this
matter, we still believe that most Industrials would welcome abolition
of Patents for Inventions. The Cologne Chamber of Commerce expressed,
in September, 1863, its opinion in the same sense. German legislation
regarding Patents will probably be reformed. A proposition made in this
direction by Count Bismarck to the Bundesrath, contained in the “Annalen
des Norddeutschen Bundes,” by Dr. George Hirth, 1ster Heft Jahrgang,
1869, page 34, 42, II., would interest you much, as it coincides, we
believe, with your motion. The latest publications in German literature
on the subject are Klostermann “Die Patents Gesetzgebung aller Lander,”
Berlin, 1869; Barthel “Die Patent-frage,” Leipzig, 1869.
EXTRACT FROM “DIE PATENTS GESETZGEBUNG ALLER LANDER,” BY DR. R.
KLOSTERMANN (BERLIN, 1869).
A short time since, in the course of the present decade, the public has
spoken out, following numerous and important persons who wished the
entire abolition of Patents for inventions, because they allege that the
existence of such is incompatible with the free-trade movements. They
said that such impede industry instead of advancing it; that the claim of
the first inventor to a monopoly is untenable; that discovery is not the
work of one man, but the ripe fruit of industrial development.
From the difficulty and complexity of the subject, men would do away with
Patent-Laws; but the real cause of the agitation against them lies in the
enormous development which our international commerce has undergone in
the last ten years through free-trade, steam-boats, and railways.
As the complete abolition of the “customs-limits,” with the German
Zollverein [customs-union], was not made without a direct transformation
of the Patent-Laws and a positive limitation of Patent protection, so
is—through the concluding of the treaties of commerce made during the
last ten years between the Zollverein and France, Great Britain, Belgium,
and Italy—a _total reform_ in the Patent-Law rendered necessary.
All countries, with _the single exception of Switzerland_, recognise by
their existing laws the necessity of _Patent protection_; and this case
of Switzerland is particularly brought forward by those opposed to the
Patent movement. The Commission which was appointed of Swiss experts (and
which said that Patent protection is unnecessary and tends to nothing
good) was impartial enough to avow that the particular advantages which
Switzerland draws from existing circumstances arise from the fact that
in all the adjoining countries the protection of Patents does exist,
but in Switzerland alone not so. Swiss industry, which is exceedingly
small, is placed in the position of imitating all foreign Patents which
find a market in Switzerland, and getting the benefit of the discoveries
made under the protection of foreign Patents. Switzerland is just in the
position of a man who keeps no cats because he can use his neighbours’.
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