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
The Act of 1 and 2 Vict., c. 69, was passed into a law under the title
of “An Act for securing to Authors in certain cases the benefit of
International Copyright,” the date of which was July 31, 1838. The 14th
section is in these words: “And be it enacted, that the author of any
book to be, after the passing of this Act, _first published out of Her
Majesty’s dominions_, or his assigns, _shall have no Copyright therein
within Her Majesty’s dominions_, otherwise than such (if any) as he may
become entitled to under this Act.” Section 9 says that no protection
of Copyright shall be given to a foreign author, unless such protection
shall be reciprocated to an English author by the country to which the
foreign author belongs. Now, nothing can be clearer than that the Act of
5 and 6 Vict., c. 45, never contemplated giving protection to a foreign
author; but, on the contrary, that it was passed solely for the benefit
of English authors.... At last the whole matter was brought before the
House of Lords, where it was decreed that a foreign author was not an
author within the meaning of the Acts of Parliament, and could neither
claim any Copyright himself nor assign any to an English subject, unless
he was resident in the British dominions at the time he sold his work,
and published it there before there was any publication abroad. This,
after eleven years of litigation by various parties, among whom my
brother was the most persistent defendant, he being perfectly convinced
that if the subject came to be thoroughly investigated, no such claims as
were set up by the monopolists could be maintained either at common law
or in equity. The House of Lords, however, were not called upon to decide
what was meant by the term _residence_. This, therefore, gave rise to an
attempt on the part of an English bookseller to contrive a scheme which,
to the not very creditable honour of English jurisprudence, as it appears
to my humble understanding, succeeded. The scheme was this: An American
authoress of little repute wrote a novel, one copy of the manuscript of
which, it is said, was handed over, for a consideration, to this English
bookseller, to publish in England; the work was got ready on this side
of the Atlantic as well as on the other side, and, after agreeing as to
the date of entry at Stationers’ Hall, and the publication of the same in
London, the lady was desired to go over the Victoria-bridge into Canada,
one of the British dominions, and remain there a few hours or days, while
the publication took place in London; then she was to go back again for
the protection of the same work, as a Copyright, in her own country.
Meanwhile, another English publisher, hearing that such an artifice was
about to be attempted, procured an American copy of the said work, and
republished it in a cheap form. The consequence was, that an application
for an injunction was applied for by the first party, which was granted,
Public-domain text, read in full here on John Shaqi.
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