Part 28
This Bill of Lord Westbury’s, after having been referred to a Select Committee of the House of Lords, has been withdrawn, but only for the present Session. The reason for withdrawal is found in amendments recommended by the Committee, one of which is that it should extend only to the United Kingdom and Channel Islands. The subjoined extracts from a printed defence of the Bill, by D. Roberton Blaine, Esq., will be read with interest, as showing how influential is the quarter whence the Bill emanates, and not less on account of their allusion to Patent-right and their other interesting contents.
This Bill has been prepared by direction of the Council of the Society of Arts, Manufactures, and Commerce, in consequence of a memorial having been presented to the Council, signed by a considerable number of the most eminent artists and publishers resident in London....
There is no Copyright in the _ideas_ embodied in a work of literature or of fine art....
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!
This important and novel subject is likely soon to receive useful illustration from a Parliamentary return to be moved for by the Right Hon. T. H. Headlam. From another of that gentleman’s Returns a suggestive extract is also subjoined.
It contains evidence that long ago impatience of existing restraints was in vigorous action in the British Colonies—evidence that payment of authors by royalties is a system that commands State concurrence—and evidence how over-ready the State is, or how circumstances are formed so as to compel it, to undertake work for authors and publishers by means of its Custom-house officers. On this last point I am happy also to produce an important paper kindly furnished by Michael Daly, Esq., of Her Majesty’s Customs. Mr. Daly’s note deserves to be pondered in prospect of the re-appearance next Session of the Board of Trade’s “Trade-Marks Registration Bill.”[11]
The extracts which I have agglomerated show that the idea of employing officers of _Excise_ as well as those of Customs is seriously propounded, but this is by no means all the useful information they convey.
[11] Would it not be well to confine registration to _names_ of firms or premises without recognising _marks_?
COLONIAL DUTIES ON COPYRIGHT WORKS.
_Return of all the Colonies and British Possessions in favour of which Orders in Council have been issued under the Act 10 and 11 Vict., c. 95, suspending the Prohibition of Importation of Reprints of British Copyright Works._
NEW BRUNSWICK.—An _ad valorem_ duty of 20 per cent. on the _bonâ fide_ price of the publication, imposed on importation; such duty to be transmitted through Her Majesty’s Government for the benefit of the author.
NOVA SCOTIA.—An _ad valorem_ duty of 20 per cent. to be applied in like manner.
PRINCE EDWARD ISLAND.—An _ad valorem_ duty of 20 per cent., currency of the island, imposed on similar terms.
BARBADOES.—An _ad valorem_ duty of 20 per cent. to be remitted to the author.
BERMUDA.—An _ad valorem_ duty of 15 per cent. on the value of such reprints, imposed on the like conditions, a deduction of 5 per cent. on the amount to be made, for the remuneration of the officers collecting the duty.
BAHAMAS.—A duty of 20 per cent. on the value of the publisher’s wholesale price; nine-tenths of the amount collected to be paid to the proprietors of the Copyright on their application to the Governor.
NEWFOUNDLAND.—An _ad valorem_ duty of 20 per cent. to be paid over to the author.
ST. CHRISTOPHER.—An _ad valorem_ duty of 20 per cent. to be remitted in like manner.
ANTIGUA.—An _ad valorem_ duty of 25 per cent. to be applied in like manner, 5 per cent. to be deducted for remuneration of the treasurer collecting the duty.
ST. LUCIA.—An _ad valorem_ duty of 20 per cent. to be applied in like manner, without deduction.
CANADA.—An _ad valorem_ duty not exceeding 20 per cent. imposed, to be applied in like manner.
BRITISH GUIANA.—An _ad valorem_ duty of 20 per cent., after deducting 5 per cent., to be remitted to the author.
ST. VINCENT.—An _ad valorem_ duty of 20 per cent. to be applied in similar manner.
MAURITIUS.—A poundage of 20 per cent. to be paid, to be deposited in the Colonial Treasury, there to be kept at the disposal of the British authors of such works.
GRENADA.—An _ad valorem_ duty of 20 per cent. to be remitted for the benefit of the author.
JAMAICA.—An _ad valorem_ duty of 15 per cent. An _ad valorem_ duty of 20 per cent.
CAPE OF GOOD HOPE.—An _ad valorem_ duty of 20 per cent. to be applied in similar manner.
NEVIS.—An _ad valorem_ duty of 15 per cent. to be applied to the benefit of the author, after deducting 5 per cent. for the remuneration of the treasurer collecting the duty.
NATAL.—An _ad valorem_ duty of 20 per cent. to be remitted to the registered proprietor of the Copyright.
EXAMINATIONS BY CUSTOMS’ OFFICERS.
The officers of Customs are compelled to discharge various duties beyond those connected with the collection and protection of the Revenue. Among others they have to take care that foreign goods, on their importation, do not bear the mark or brand of any British maker, or such marks or brands as would be likely to give them a British character. All goods so marked and branded are, by 16 and 17 Vict., cap. 107, sec. 44, prohibited to be imported into this country. Cases are constantly occurring where such goods have to be dealt with by the Customs’ authorities. In some instances the goods are confiscated, in others the brands or labels are ordered to be removed, upon which the goods are delivered to the owner, either with or without fine; and in other cases they are ordered to be returned to the port whence they were imported. But why should this duty devolve upon the Customs’ officers? It is an extremely disagreeable one, involving much trouble to the department and vexation to importers. If a manufacturer or dealer in this country infringes the right of another by using his mark or brand, he has his remedy in a court of justice; but he has no right to enter a factory or warehouse, to open packages and make an indiscriminate search, with or without grounds of suspicion that his brands have been placed on the contents of the packages. Yet, practically, this is really the case with regard to the Customs’ right of search for prohibited marks and brands. Why not let the goods pass without reference to brands or marks? Leave the owner of the marks to his remedy in law; and the vendor of the goods bearing such forged or false brands to the risk and penalty which he thus incurs. In this case the fraudulent dealer only will be the sufferer, while the innocent will be saved the vexation of having his goods pulled about at the Custom-house; and the Customs department will be relieved of an extremely disagreeable and troublesome duty. As to the brand, not those of any particular maker, but in their general character purporting the goods to be of British manufacture, but very little harm can result to any particular interest from the use of such marks. It will take something more substantial than such mere fictions to ruin the trade of the country; but if better goods, even if they be of foreign origin, can be obtained at the same prices as those paid for British, then so much the better for the consumer. Would it not be well, also, to relieve the Customs officers of the duty of searching for pirated works under the Copyright Act? Why not deal with the vendors here of such works, if reprinted abroad, in like manner as if reprinted here?
THE BRITISH AND FOREIGN BOOK TRADE.
The following figures, extracted from a recent Parliamentary Return, while they show a highly satisfactory ratio of increase, will probably convince the commercial reader that the International Book Trade of Christendom is yet in its infancy, and, perhaps, that the swaddling-bands and close confinement of monopoly should be exchanged for a freer and more natural system of nursing and protection:—
BOOKS PRINTED IN THE UNITED KINGDOM, EXPORTED THEREFROM.
+-------------------------+------------------------- COUNTRIES | QUANTITIES. | DECLARED VALUE. to which Exported. +-------+--------+--------+--------+--------+------- | 1828. | 1848. | 1868. | 1828. | 1848. | 1868. ---------------------+-------+--------+--------+--------+--------+------- | Cwts. | Cwts. | Cwts. | £ | £ | £ Foreign Countries:— | | | | | | United States | 605 | 3,158 | 18,379 | 14,612 | 47,955 | 184670 Other Foreign | | | | | | Countries | 1,449 | 2,003 | 10,540 | 33,319 | 30,678 | 181350 ---------------------+-------+--------+--------+--------+--------+------- Total | 2,054 | 5,161 | 28,919 | 47,931 | 78,633 | 366020 +-------+--------+--------+--------+--------+------- British Possessions:—| | | | | | Australia | 148 | 1,968 | 18,583 | 3,933 | 27,249 | 148413 British North America| 364 | 1,131 | 6,919 | 8,178 | 15,156 | 64139 Other British | | | | | | Possessions | 1,552 | 4,026 | 6,987 | 41,072 | 71,114 | 105671 +-------+--------+--------+--------+--------+------- Total | 2,064 | 7,125 | 32,489 | 53,183 | 113519 | 318223 +-------+--------+--------+--------+--------+------- Aggregate of Foreign | | | | | | Countries and | | | | | | British | | | | | | Possessions | 4,118 | 12,286 | 61,408 | 101114 | 192152 | 684243 ---------------------+-------+--------+--------+--------+--------+-------
QUANTITIES and VALUE, with the Weights and Moneys rendered into English Equivalents, of Printed Books Imported into and Exported from the United Kingdom and Foreign Countries in the latest Year for which Returns have been received and the Tenth Year previous thereto:—
+-------------------+--------------------- COUNTRIES. | Imported (for | Exported | Home Consumption).| (Domestic Produce). +---------+---------+---------+----------- | Cwts. | £ | Cwts. | £ --------------------------+---------+---------+---------+----------- United Kingdom[12] { 1858 | 5,971 | 83,598 | 12,286 | 192,152 { 1868 | 10,695 | 137,580 | 61,480 | 684,243 | | | | Russia[13] { 1857 | Not | 100,718 | Not | Not stated { 1867 | stated | 73,588 | stated | 18,813 | | | | Sweden[13] { 1856 | Not | 6,938 | Not | 1,697 { 1866 | stated | 8,780 | stated | 3,569 | | | | Zollverein { 1856 | 21,098 | Not | 38,275 | Not { 1866 | 31,485 | stated | 67,376 | stated | | | | Holland { 1857 | 4,349 | 46,126 | 2,437 | 38,363 { 1867 | 7,228 | 76,659 | 3,555 | 37,714 | | | | Belgium { 1856 | 5,612 | 69,750 | 4,063 | 52,228 { 1866 | Not | 97,040 | Not | 48,760 | stated | | stated | | | | | France { 1857 | 5,438 | 95,224 | 38,542 | 510,352 { 1867 | 11,942 | 201,280 | 40,887 | 522,374 | | | | Spain[13] { 1854 | Not stated | 2,060 | 19,383 { 1864 | 1,924 | 8,323 | 674 | 8,929 | | | | Italy 1865 | 6,108 | 56,464 | 1,678 | 15,375 | | | | United States { 1857 | Not | 181,980 | Not | 57,843 { 1867 | stated | 246,539 | stated | 71,386 --------------------------+---------+---------+---------+-----------
[12] Part Re-Exported.
[13] For these Countries the Total Imports and Exports are stated.
The total weight of the Book Trade of Christendom appears to be less than 200,000 cwts., which, taken at 1 lb. per volume, makes only about 20,000,000 of volumes, about a fourth part of which is sent from this country to the North American and Australian “Markets.”
The _Beehive_, of 31st July, has an article on the meeting referred to in the Prefatory Note. The following is an extract, to which three notes are respectfully subjoined:—
... But to abolish all protection to original inventions would be, as Mr. Paterson justly contended, to hand over all the profits arising from such inventions to the capitalist.[14] This speaker would make the granting of Patents free from charge, and lay a tax on the profits of the contrivance patented. Mr. Macfie, the Member for Leith, made a decided hit when he pointed to the absence of royalties abroad, while at home they lie upon us with a crushing weight; and, if we cannot find ease without following the example of Switzerland in abolishing Patent-Laws, and of Holland and Germany by declaring against them, there will be no help for it.
But when Mr. Macfie “denies that the inventor has any exclusive right to his invention,” he makes an assertion that it is in the power of any inventor practically to disprove. Say that A has found out an invention of value, or, which is the same thing for the purpose of argument, thinks he has; he meets with the Member for Leith, who says, “Come, my fine fellow, out with that invention of yours, for the general good; you have no exclusive right to it.” What would A be likely to say in reply? “Haven’t I? Let me choose to keep it to myself, and who can hinder me?” While, however, it is perfect nonsense to deny a man’s right to the ideas of his own mind,[15] the practical question is another thing; and it behoves us all to remember that we are members of one society, and that a society called at least Christian. Nevertheless, if A is to make his contribution to the general good, all the rest of the alphabet are bound to reciprocate his liberality.[16]...
[14] For capitalist, if there were no Patents, why not say _consumer_?
[15] It is _exclusive_ right, not at all his personal right, to use, and right to conceal, if he has the will and power, that is denied.
[16] These concluding sound reflections are eminently suggestive.
INDEX.
Abuse of Patents, 39, 46, 47
Agricultural Interest Concerned, 51
ARMSTRONG, Sir W., C.B. See also “Quotations”, 237
_Austria_, 47, 51
Authors’ Motives, 298 Stamp, 297 Interest, 293
Bad working of our Patent System in Prussian Eyes, 189
_Baden_, 192
_Bavaria_, 331
“Beehive”, 332
_Belgium_, 66, 124, 193, 198, 201, 209, 213, 278, 331
BENARD, M., 124, 150, 175
BERGMANN, VAN ZINNICQ, 196, 223
BISMARCK, Count VON, his Message on Patents, 185
_Brunswick_, 192
Buying up Patents, 27, 39, 41, 43, 112, 139
_Canada_, Copyright in, 307, 309
_Canadian_ Parliament, Correspondence on Copyright, 316 Patent-Law, 290, 297
Capitalists, 26, 43, 73, 206, 240, 257
CHEVALIER, M., 164
CASES AND ILLUSTRATIONS:— Alpaca, 38 Aluminium, 37 Aniline, 169, 177 Bicycles, 203 _Bleu Francais_, 171 Boot-heels, 37 Bullets, 266 Buttons, 38 Candles, 27 Capsules, 34 Carding Machines, 138 Colour, 66 “Cock-spurs”, 41 Cooking, 46 Copper, 284 Ether-spray, 268 Filters, 29 Fireplaces, 283 Flour, 51, 52, 100 Food, 19 Fuel, 283 Fulling, 20 Gas, 106, 234 Gloves, 38 Gun-cotton, 47 Guns, 206 Heating, 283 Iron-trade, 34, 50, 166, 171, 256, 284, 285 Lamps, 273 Linen-trade, 54 Machinery, 31, 54 Manures, 233 Medical, &c., 19, 268 Peat, 234 Pencils, 173 Photography, 169, 218 Pyrites, 235 Quinine, 177 Railways, 283 Railway Pins, 268 Safety, 19, 40 Screw Propeller, 45, 97, 256, 275 Sewing Machines, 32, 41, 283 Shale Oils, &c., 99, 253 Shipbuilding and Equipping, 43, 44, 46, 78, 79 Shirt-frills, 37 Shot, 44 Spine-bags, 269 Spinning, 283 Steam Boilers and Engines, 19, 28, 97, 102, 169, 255, 261, 283 Sugar, 19, 53, 54, 65 Sulphuric Acid, 255 Telegraphs, 36, 38, 97, 136, 274, 283 Umbrellas, 38 Ventilating, 283 Weaving, 145
Civilisation Impugned, 75
Classification of Patents, 19, 87, 97, 283
Cobden Club Prize Essay, 305
_Colonies_, 19, 48, 64, 297, 326
_Colonies of France_, 325
Combination Inventions, 29, 101, 103
Commerce, Chamber of, _Cologne_, 272, 279 _Glasgow_, 116 _Holland_, 203 _Liverpool_, 22, 213, 231, 249, 278 _Manchester_, 24 _Prussia_, 185, 215, 278 _United Kingdom_, 277
Commercial Societies opposed to Patents, 185, 203, 204
Commission, Royal, 22, 24, 28, 34, 42, 51, 59, 66, 104, 109, 114, 189, 211, 212, 228, 231, 235, 246, 249, 252, 258, 267
Committee of 1829, 20, 22, 23, 24 1851, 22, 38, 211
Community has Claims on Inventors, 14, 119
Competition, its Place and Power, 156, 162, 276
Conditions in Early Patents, 15
Consumers get Benefit of Inventions, 71, 289
_Continental_ Patent Systems, 90
Copyright Amendment Tendencies, 320 Bill for Fine Arts, 320 Compared with Patent-right, 10, 95, 110, 117, 200, 206, 208, 210, 221, 228, 238, 241, 243, 254, 255, 264 International, 293, 305 “Verein,” a, 297
Cost of Patents, 24, 25, 38, 40, 62, 189
Crown Not Liable to Pay for Patents, 104
Custom-house Officers, What they have to Do, 141, 321
Danger of Losing Pre-eminence in Manufactures, 91, 245
Debate in Parliament, 9, 201, 208, 231, 251
DE BRUYN KOPS, 202, 223
Decorations Suggested, 86
Development a Feature of the Patent System, 16, 18
Disrepute, Patenting falling into, 83, 168
Dormant Patents, 44
Doubts as to Benefit of Patent System, 44, 57, 109
Duties on Books, 309, 310, 318, 326
“Economist, The”, 254
Economists of _Germany_, 66, 215, 278
_Europe_, Feeling against Patents in, 211
_European_ Copyright, Americans obtain through Canada, 307
Examination before Granting Patents, 187, 189, 252, 259, 266, 269, 270
Exceptional Rewards for Great Inventions, 94, 114
Excise, Proposal to Employ, on behalf of Authors, 318, 319, 326
Exclusive Property, None should be in Inventions, 129
Exorbitant Demands of Patentees, 27, 31, 32, 41, 46, 50, 51, 53, 166
Expatriation of Frenchmen by Patents, 179
Expediency the only Ground for Patents, 232, 238, 271
Expired Patent, An, 31
“_Exploitation_” required in France, 133
“_Expropriation_”, 81, 142
Extravagance of Patents as a Recompense, 78, 265
Favours, Patents are, 10, 224
FOCK, Minister of the Interior in the Netherlands, 219, 224
Foreigners, How Favoured, 90, 275, 308 Number of Patents in United Kingdom, 68
_France_, 66, 193, 197, 199, 200, 211, 227, 325, 332 Copyright Convention with, 325
Free Trade, 47, 48, 73, 81, 164, 228, 232, 245
Frivolous and Petty Inventions, 26, 30, 33, 37, 44, 96, 101, 206, 253, 260, 266, 270, 284
GEFKEN, 224
_Germany_, 185, 192, 193, 214, 220, 230, 274, 275, 279, 332 Economists of, 66, 249
GODEFROI, 207, 223
Guilds, 197, 203
HEEMSKERK AZN, 198, 220, 224
_Hesse_, 192
Honours for Inventors, 86
HOUTEN, VAN, 204
Improper Patents, 38, 55, 268, 284
Improvements, Minor, 36, 37, 170 Retarded by Patents, 39, 58, 114, 272, 281
Inconvenience Caused by Patents, 20, 26, 46, 48, 104
_India_, 48
Infringements, 34, 112, 272 Unconscious, 29, 44, 103, 204, 261
Injury done to Patentees by Patents, 29, 121, 255, 260, 273
International Arrangements, 86, 293, 296, 305
Invalid Patents, 32, 39, 235, 237
Inventions Independent of Patents, 119, 136
Inventor, The “First and True”, 16
Inventors’ Institute, 287 Who are They?, 248, 288
_Ireland_, 15, 19, 53, 295, 324
_Italy_, 324, 332
JOHNSTON, ANDREW, Esq., M.P., 239
Judges and Jury in Patent Trials, 107
Law of Patents in America, 282 Copyright, 298, 310, 313 Patents, How Administered, 12, 33, 107, 109 Patents in _France_, 175, 216 Patents in _Holland_, 202, 215 Officers of the Crown, 105, 266
Lawyers, Many Opposed to Patents, 93
LENTING, 225
Library of Patent-office, 289