England; 120 0 0; 14; 914
Ireland; 125 0 0; 14;
Scotland; 100 0 0; 14;
America; 6 15 0; 14;
France; 12 0 0; 5;
32 0 0; 10;
60 0 0; 15; 1091
Netherlands; L6 to L30; 5, 10. 15
Austria; 42 10 0; 15; 1099
Spain(3*) Inventor; 20 9 4; 15;
Improver; 12 5 7; 10;
Importer; 10 4 8; 6;
433. It is clearly of importance to preserve to each inventor the sole use of his invention, until he shall have been amply repaid for the risk and expense to which he has been exposed, as well as for the talent he has exerted in completing it. But, the degrees of merit are so various, and the difficulties of legislating upon the subject so great, that it has been found almost impossible to frame a law which shall not, practically, be open to the most serious objections.
The difficulty of defending an English patent in any judicial trial, is very great; and the number of instances on record in which the defence has succeeded, are comparatively few. This circumstance has induced some manufacturers, no longer to regard a patent as a privilege by which a monopoly price may be secured: but they sell the patent article at such a price, as will merely produce the ordinary profits of capital; and thus secure to themselves the fabrication of it, because no competitors can derive a profit from invading a patent so exercised.
434. The law of copyright, is, in some measure, allied to that of patents; and it is curious to observe, that those species of property which require the highest talent, and the greatest cultivation—which are, more than any other, the pure creations of mind—should have been the latest to be recognized by the State. Fortunately, the means of deciding on an infringement of property in regard to a literary production, are not verv difficult; but the present laws are, in some cases, productive of considerable hardship, as well as of impediment to the advancement of knowledge.
435. Whilst discussing the general expediency of limitations and restrictions, it may be desirable to point out one which seems to promise advantage, though by no means free from grave objections. The question of permitting by law, the existence of partnerships in which the responsibility of one or more of the partners is limited in amount, is peculiarly important in a manufacturing, as well as a commercial point of view. In the former light, it appears calculated to aid that division of labour, which we have already proved to be as advantageous in mental as it is in bodily operations; and it might possibly give rise to a more advantageous distribution of talent, and its combinations, than at present exists. There are in this country, many persons possessed of moderate capital, who do not themselves enjoy the power of invention in the mechanical and chemical arts, but who are tolerable judges of such inventions, and excellent judges of human character. Such persons might, with great success, employ themselves in finding out inventive workmen, whose want of capital prevents them from realizing their projects. If they could enter into a limited partnership with persons so circumstanced, they might restrain within proper bounds the imagination of the inventor, and by supplying capital to judicious schemes, render a service to the country, and secure a profit for themselves.
436. Amongst the restrictions intended for the general benefit of our manufacturers, there existed a few years ago one by which workmen were forbidden to go out of the country. A law so completely at variance with everv principle of liberty, ought never to have been enacted. It was not, however, until experience had convinced the legislature of its inefficiency, that it was repealed. * When, after the last war, the renewed intercourse between England and the Continent became extensive, it was soon found that it was impossible to discover the various disguises which the workmen could assume; and the effect of the law was rather, by the fear of punishment, to deter those who had left the country from returning, than to check their disposition to migrate.
436. (4*) The principle, that government Ought to interfere as little as possible between workmen and their employers, is so well established, that it is important to guard against its misapplication. It is not inconsistent with this principle to insist on the workmen being paid in money—for this is merely to protect them from being deceived; and still less is it a deviation from it to limit the number of hours during which children shall work in factories, or the age at which they shall commence that species of labour—for they are not free agents, nor are they capable of judging, if they were; and both policy and humanity concur in demanding for them some legislative protection. In both cases it is as right and politic to protect the weaker party from fraud or force, as it would be impolitic and unjust to interfere with the amount of the wages of either.
NOTES:
1. Twenty eight shillings per cwt for the finer, twenty one shillings per cwt for the coarser papers.
2. I cannot omit the opportunity of expressing my hope that this example will be followed in other trades. We should thus obtain a body of information equally important to the workman, the capitalist, the philosopher, and the stateman.