M. HEEMSKERK AZN remarks that continued allusions are being made to

reaction. Generally speaking, such allusions are made out of personal

motives; but he should very much like to see a real live reactionist, who

would like to repeal what progress has brought us. There may possibly be

people extant who would wish to do so, but as for him, he is not aware

of any reactionary plots against our institutions, or the effects of

science and progress; yet this very project now before the House, which

_he_ considers to be _reaction_, has been most favourably received in

Committee. Should the Netherlands Legislature sanction it, _then_ he

shall have to believe in the existence of reaction. For it is an easy

thing to find evidence of reaction in the project under discussion.

M. van Zinnicq Bergmann has already more or less demonstrated it. He

(M. Heemskerk) will add a few more particulars. Where, the hon. member

asks, lies the origin of Patents? In the cultivation of a free spirit,

and the ennobling of labour; and of these, the right of protection

existed since time immemorial. Deviating from the civil rights, the

Stuarts, through favour or arbitrary motives, granted “privileges;” but

the Free Parliaments saved Patents, that protect inventions. Moreover,

this principle has been adopted in the most freedom-advocating of

constitutions—viz., that of the United States. The same may be said

with regard to France. On the 31st December, 1790, the “Assemblée

Constituante” resolved that the right [of property] in inventions should

be guaranteed, and in this resolution originated the first French

Patent-Law. The Netherlands would be the very first country on earth

(with one exception only) to deviate from the principle of a right of

property in inventions, in a moment, when public opinion, dissenting

thereby from a few economists, everywhere declares in favour of Patents.

He reminds the House of the immense influence inventions have had on

history and society, such as the invention of printing, of the compass,

steam, gas, &c. And would it be fair to withhold from those who promote

progress that protection which is legally due to them; whereas there

is no end of provisions in the code protecting mere material property,

such as the right of inheritance until the twelfth degree, lotteries,

stock gambling, and the like? Government has evidently been aware of

the circumstances standing in the way of the project, as is proved by

page 1 of the Memorial of Explanation; but it shrinks from the logical

consequences. The Patent system is based upon the principle that nobody

should enrich himself by another man’s property. This has also lately

been argued at length in Savornel Lohman’s pamphlet. The hon. member

gives it as his opinion that in this matter an author is in exactly

the same position as an inventor. If Patents be abolished, we shall

logically have to come to repealing Copyright as well. A counterfeited

edition is nothing else than the imitation of an object of industry;

the writer is an author, but the inventor is no less an author. Amongst

others, he refers to a speech from Lamartine (as reporter of a Committee

in the French Legislative Chambers, which consisted of the then most

eminent economists) on the Patent-Law of 1844, which is still in force.

He insists that the justice of his system of maintaining the right

of property is proved beyond a doubt by the ever and again recurring

circumstance of an inventor lacking capital for a practical application

of his lucubrations. Still, he often obtains the requisite means; and

now everybody will be enabled to imitate the result of his thoughts and

labour, and to reap the profits to accrue from the same. He points to

Professor Visvering’s work on practical economy, who also recognised

that, if no exclusive Patents be delivered, still inventors had a

right to a remuneration of some kind. Those who oppose the Patent-Law

contend that an inventor is not entitled to a reward; he admits that

no reward should be expected, but most assuredly the inventor may lay

claim to remuneration for the labour expended on the invention. We are

referred to Switzerland, where no Patents are given. But what of that?

In the first place, most of the industrial Cantons of Switzerland are

clamorous for a Patent-Law; secondly, the Swiss, as a body, equally want

the measure to be put through; and, in the third place, the hon. member

points to the large benefits which, according to Klosterman’s recent

work, Swiss industrials derive from foreign Patent-Laws. It is alleged

that the number of Patents which are being delivered [in Holland] is but

small. But, says M. Heemskerk, foreigners, on the contrary, claim that

the number is large. There exists apprehension of law-suits; but can

that be brought to bear upon the repeal of the Patent-Law? In that case,

landed property would be the least tolerable, as the proverb says—“_Qui

terre a, guerre a._” Moreover, no three law-suits are known to have

sprung up from Patents in this country since the law has been in force.

In Belgium, it is true, much action has of late been taken in order to

do away with Patents; but there, as well as in Prussia, the movement

is rapidly decreasing. The hon. member refers to the “Nederlandsche

Industrieel,” a periodical which, though strenuously in favour of

abolition of Patents, nevertheless mentions in its issues of 14th and

21st of February, and 20th of June, what has lately occurred in this

respect in Germany and elsewhere. In Great Britain also the question has

lately been discussed in Parliament, but the member who moved it did

not even take the votes upon it, but quietly dropped the matter; such

was the impression made upon his mind by the arguments brought forward

[!]. The subject has equally engrossed the attention of the “Société

Economique” of Paris, when eminent economists, amongst whom Wolowski,

declared in favour of Patents. This is mentioned in the _Economistes_ of

June [see page 164]. For all these reasons the hon. member recommends

to the serious consideration of the House that, for the time being at

least, the rash Act be not consummated. Do not throw such a stain upon

your Legislature, he emphatically exclaims. Do not step backward; beware

of relinquishing the protection of any description of property. Do not

cripple the law by ignoring a principle which protects the fruit of human

intellect. Beware of laying violent hands upon property, of whatever kind

it may be. Let us do better than that; let us reject the bill. Persuade

Government, there being no haste whatever, to propose to the Chambers

that the subject be deferred until next Session. At all events, nothing

would be lost by it. Meanwhile Government would be enabled to reconsider

the subject, and to make inquiries abroad as to the state of legislation

on this head. No prejudice would be occasioned by deferring the matter;

for the hon. member expresses his firm belief that a dangerous measure

is about to be adopted with regard to a subject with which the utmost

caution should be observed.

M. DE BRUYN KOPS would not enter into all particulars, the matter having

been treated at length in the sundry documents relating to it; but he

would restrict himself to a refutation of M. Heemskerk’s arguments.

He is in a position to place himself on a very simple point of view.

The law of 1817 is generally disliked, in principle as well as in its

details. It has been admitted that it does not give the inventor any

guarantee, and this on the ground of the issue of some law-suits which

have sprung up from it. So Patents, far from giving a security, hinder

the general public and impede industry. It is a fact worthy of notice,

that the leading industrial organs, such as the Chambers of Commerce and

Factories, the Industrial Society, the Union for Promoting Mechanical

and Manual Industry, and the Nederlandsche Industrieel, unanimously have

declared against Patents; so have a score of industrials. Are these not

facts worth more than a few considerations about a right to special

protection? Add to this the circumstance that in those countries where

Patents do exist difficulties are gradually increasing; as, first of

all, the question arises, whether the invention is really a new one;

and to ascertain this is very often a most arduous task. Then, again,

Patents are being asked for mere trifles. Within a short period, 126

Patents for improving bicycles have been taken out in England. It thus

becomes necessary to make a minute inquiry into the usefulness of the

matter. This has been the cause that in France they have gone to the

other extreme—granting Patents “without guarantee by Government.”

Patents are not consequent upon the recognition of man’s, or inventors’,

rights; they are the remainders of the guild system, and of protection

to national industry in exclusion of foreign. It cannot be a question

of right of property, for, if such were the case, Patents would not be

granted for a fixed term of years. If invention means right of property,

why, then, that arbitrary restriction? Originally the idea may have

been a good one, but in the sequel it has proved a failure. There are

examples of different persons having made the same invention without

having any knowledge of each other. It is consequently becoming almost a

matter of impossibility to ascertain priority. The hon. member says that

all endeavours to bring about a practical result out of an originally

elevated idea have utterly failed; that the guarantee of the right is,

as has been proved by means of the report in England, at best uncertain

and unsatisfactory; and that when the project shall have been made law,

he will rejoice at his country having been foremost in leaving the wrong

track.

SESSION OF TUESDAY, 22ND JUNE.

The President reads an address from the Board of Directors of the Union

to Promote Mechanical and Manual Industry, of Rotterdam, in which they

support the project now pending before the House.

The discussion on the subject is continued.

M. VAN HOUTEN observes, that M. Heemskerk has given the epithets of

“reactionary” and “ruinous” to the measure proposed by Government. By

opposing the project, that deputy did _his_ duty, but at the same time

it more than ever becomes the duty of those who strenuously support it

openly to express their convictions, and to show that they know what

they are about. His opinion is that M. Heemskerk’s arguments have been

tested, and did not stand the test. M. de Bruyn Kops having refrained

from arguing on the ground of theoretical considerations, he (M. Van

Houten) will say a few words in that direction. The main question is

this: Is prohibiting the imitation of an invention lawful, and shall it

or shall it not be upheld? Those who want to let things remain as they

are talk of rights acquired; but on what are these so-called rights

based? Certainly on no very solid basis; for, if a right it be, why is

only a temporary protection granted? A right is permanent, and cannot

be taken away but through expropriation for the common weal, and even

then in consideration of an indemnity only. M. Heemskerk argues two

points: 1st, The inventor has a claim of priority, as the first who

takes possession. 2nd, The imitator enriches himself at the expense of

the inventor. But, says the hon. member, M. Heemskerk loses sight of the

fact that first occupation can only take place of “corporeal” effects;

not of an invention which may be made, and is often being made, by others

at the same time. Besides, he contends that it is not the imitators, but

the public, who enrich themselves and benefit by the invention. He is

of opinion that the Patent system remunerates where no labour has been

expended; whilst claiming Patents has become an industry prejudicial

to the general public. It has been urged to frame a “good” Patent-Law;

but that the hon. member holds to be impossible. Whatever might be its

provisions, monopoly must needs be created by it. And if this is such an

easy matter, why did M. Heemskerk not introduce a bill for a new law? It

is alleged that if everybody is allowed to imitate, the inventor works

for nothing. But how is it with so many gratuitous appointments? Is

that a question of right? Certainly not. As M. Heemskerk, in his speech,

invoked Providence, he should like to know whether it can be supposed

that Providence intends enriching an individual or society at large? On

that ground, we may safely set the public’s right against the inventor’s.

Hereupon the hon. member considers the question from an economical point

of view. In the first place, Patents are useless for such objects as

baffle imitation—like the Krupp guns, for instance; and then objects

emanating from the inventor direct are, as a rule, preferred. As for

petty inventions, he would say that, it being the normal course of social

development that every branch of industry should steadily progress, so

it is the case with them. On that field, everybody is more or less of

an inventor; and with regard to petty inventions, Patents not only are

superfluous, but noxious. M. Heemskerk, it is true, has rather spoken

with a view to great inventions, and the hon. member fancies he has

given evident proof that no harm can be done by abolishing Patent-right

on the latter. It is these great inventions that the public at large

benefits by. He denies M. Heemskerk’s assertion, that in the absence of

Patents no capital would be forthcoming for the practical application

of an invention, for, pending the tests and experiments an inventor

subjects his invention to, no capitalist loans him money. He equally

contests what M. H. said about the logic of repealing Copyright, should

the Patent-Law be put aside, and that, by doing the latter, violent

hands would to a certain extent be laid upon the right of property. The

hon. member thinks that no such comparison can be drawn, as the law

providing for Copyright does by no means prevent anybody from applying

any published work to further development of science. Copyright in no

way interferes with public interests. The member for Gorcum has called

the project a “reactionary” measure. This will frighten neither him nor

us, for it matters little what is _called_ reactionary, but much what

_is_ reactionary. The project is closely connected with the historical

development of society, and the liberation of labour and industry. The

Patent system may be placed upon an equal footing with the exclusive

right to discoveries and other similar privileges of yore. We have given

up all those things. Each and every benefit derived from them becomes

a public one, and so ought every new outlet for trade to be. On these

grounds, the hon. member advocates the removal of those impediments.

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