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
It is quite otherwise according to our Patent-Laws. Under them
the _idea_ of an author is everything, so to speak, and is
rigidly protected. Thus, for example, suppose A produces a new
manufacture by means of a very imperfect and clumsy machine,
or chemical process, which he invents and patents; and suppose
afterwards that B invents a very perfect and simple machine, or
chemical process, whereby he can produce the same manufacture
as A, but better and cheaper than his. In such a case the
Patent-Laws prohibit B from making any use of his improvement
for making the manufacture of A during the continuance of his
Patent, unless with his consent. This arises from its being
a leading _principle_ of our Patent-Laws, that where a new
invention has been secured by a valid and existing Patent no
one is allowed during the continuance of that Patent to produce
_the same results by a mechanical or chemical equivalent_.
Hence the great source of complaints and of the litigation
arising under our Patent-Laws. Thus it is that a patented
manufacture precludes any improvements therein except by the
patentee, or with his consent, during the term of his Patent....
In Italy, at the expiration of such forty years, although any
one may then make and sell copies of the work, the person doing
so must, during a second term of forty years, annually pay to
the proprietor of the Copyright 5 per cent. (calculated at the
_published_ price) upon all copies sold by the person so making
and selling such copies. As to France, her Copyright-Laws are
expressly extended to all her colonies. And, by the 8th Article
of Her Majesty the Queen’s Copyright Convention with France,
dated 3rd November, 1851, _reciprocal_ protection is agreed to
be given in favour of Copyright works _first_ published in “the
territories of France,” or in “the British dominions.” This
appears to show that both States clearly intended that such
reciprocal protection should extend to their colonies. It is
also stipulated by the 7th Article that “pirated works _shall
be seized_ and destroyed.” Now the French law very justly
declares the piracy of Copyright property to be a _crime_
(_delit_), and provides rapid and effectual means for enabling
the proprietor of the Copyright to seize both the pirate
and the fraudulent copies, plates, &c., in his possession.
Yet, according to the present state of the British Artistic
Copyright-Laws, no such powers of seizure, as expressly agreed
by Her Majesty the Queen’s Convention, exist in the British
dominions; nor does any protection whatever for _artistic_
Copyright works extend beyond the United Kingdom; no, not even
to the Isle of Man, or to the Channel Islands!
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account