PDF of Histoire de L Autriche 1St Edition Helene de Lauzun Full Chapter Ebook
PDF of Histoire de L Autriche 1St Edition Helene de Lauzun Full Chapter Ebook
PDF of Histoire de L Autriche 1St Edition Helene de Lauzun Full Chapter Ebook
De Lauzun
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Titre
Copyright
Avant-propos
Introduction. Aux origines de l’Autriche (996-1493)
« L’Autriche, c’est ce qui reste. » C’est par ces mots cinglants que
Clemenceau aurait salué, en 1919, lors des négociations du traité de Saint
Germain-en-Laye, la naissance de la petite République d’Autriche prenant la
succession de l’immense Empire austro-hongrois.
Citation apocryphe, comme il en arrive si souvent des mots historiques ?
Quoi qu’il en soit, ce dur jugement issu des négociations pour les traités de
paix révèle le caractère paradoxal de ce petit pays du cœur de l’Europe qui, à
travers une dynastie, les Habsbourg, a porté un empire où le soleil ne se
couchait jamais et se cache aujourd’hui sous les traits d’une placide
République d’un peu moins de 9 millions d’habitants. L’Autriche, « ce qu
reste » ? Mais quels restes…
Hélène DE LAUZUN
I.
II.
In our number of November 1, 1862, we published on this very
same question an article in which we stated that about twenty
French manufacturers had been forced to go abroad to escape the
unheard-of exigencies of the law of Patents. We were answered by
insults that we disdained; but the facts that we had revealed were
not contested.
A volume just published on the legislation and the jurisprudence of
the law of Patents enables us to show another side of the question,
and to prove how injurious it is to manufacturers and inventors, and
how profitable to certain gentlemen of the Bar who have the
speciality of cases for infringement on Patents. We say it openly and
fearlessly, if it was not for the lawyers who swim freely amongst the
windings of that law, it would not have a supporter. Manufacturers
and inventors are shamelessly made a prey to a group of pleaders
who defend right and wrong with the same deplorable alacrity.
What an immense number of law-suits have arisen from the 54
articles of that law! The volume we have in hand has been written
with the intention of giving to the public a view of the jurisprudence
adopted by the Courts in the interpretation of each paragraph. A
summary of the trials that have taken place since its promulgation in
1844 follows each article of the law.
Article I. is as follows: “Every new discovery or invention, in all
kinds of industry, ensures to its author, under the conditions and for
the time hereafter determined, the exclusive right to work for his
benefit the said discovery or invention. This right is established by
documents granted by the Government, and called Patents.”
The first trial that we find in the list took place in 1844. The
question was, Whether the words all kinds of industry could be
applied to things that are not in trade? The Court’s decision was for
the affirmative.
The second trial was raised to know if, when a working man is only
executing the orders given to him by another party, with the
indications and in the interest of this last, the working man may be
reputed the inventor, and if the results of his labour may have the
character of an invention, so that he may claim [revendicate] its
ownership by a Patent. The Court decided for the negative.
We pass four other suits running on the interpretation of this first
article, that seems so innocent, so inoffensive, and come to the
eleventh trial. In conferring by Article I., under the conditions that it
determines, on the author of new discoveries or inventions the right
of working them exclusively for his own benefit, did the law intend to
deprive of all rights those who were using the same means of
fabrication prior to the delivery of the Patents? The question was, in
other terms, to know whether the Patent is good and legal against
every one except against the party who, having worked it for a
certain period anterior to the granting of the Patent, might be kept in
possession of his industry? On March 30, 1849, the Court of
Cassation decided for the affirmative in the case of “Witz Meunier
versus Godefroy Muller.” You fancy, perhaps, that the affair is all right
and settled; the Court of Cassation has spoken, and every inventor
who will not have taken a Patent may work out his invention without
fear of prosecution from a patentee coming long after. You are
greatly mistaken. You do not know how keen, and ardent, and clever,
and anxious are the seekers of Patents. Previously to that the Court
Royal of Paris had declared in May, 1847, in the case of “Lejeune
versus Parvilley,” that the Patent can be put in force against the
manufacturer working the invention before it was patented, if he has
not published it before the patentee, and if the patentee is the first
who has introduced it in commerce. But in 1847 the Court Royal of
Paris did not know the opinion given in 1849 by the Court of
Cassation. We see how unsafe are the things of this world. Say if
you can ever be sure of holding and knowing the truth.
On August 19, 1853, the same question was brought again before
the Court of Cassation in the case of “Thomas Laurent versus Riant,”
and the Court decided that the Patent can be put in force against
whoever possessed the invention before it was patented. There is at
Lyons a manufacturer who for a great many years fabricated a dye
for which he has not taken a Patent, but the secret of which he
carefully keeps to himself. If, by some manœuvring, by some
doubtfully moral means, an industrialist—as there are too many
amongst the patentees—contrived to worm out this secret, and got a
legal Patent, he could work the discovery and oblige the Lyonese
manufacturer to cease all productions of the same kind. Would it not
be an admirable example of legality?
The contradiction that we have just noted between two verdicts
given by the same Court upon the same question gives us the right
to say that the magistrates ought to show a little more indulgence to
those they condemn. When there is a law like that relative to
Patents, common mortals are very excusable if they make a mistake
in interpreting in a wrong way this or that expression, since we see
the highest Court in the country giving sometimes one interpretation
and sometimes another.
The first article of the law has given rise to fifteen different suits,
inscribed in the pages of the volume we hold. These fifteen suits
have been tried before the Civil Courts or the Court of Cassation.
People may well be frightened at the mountain of papers that must
have been used and destroyed by the attorneys, counsel, barristers,
&c., before the public could have any clear notion of what the
legislators meant.
The second article is as follows: “Will be considered as new
inventions or discoveries—the invention of new industrial produce;
the invention of new methods or the new application of known
methods to obtain an individual result or produce.” This article, we
may say, is the main beam of the edifice, consequently it has given
occasion to no less than 104 suits. One might fancy that the
multitude of judicial decisions given by the Courts has thrown the
most brilliant light on the interpretation to be given to the three
paragraphs forming the second article. Alas! these paragraphs are
just as obscure as before. For instance, the Imperial Court of Paris
decided on August 13, 1861, that the “change in the form of a
surgical instrument, even when there may result an advantage or
greater facility to the operator, cannot be patented.” But on July 26 of
the same year it had decided that “a production already known—a
straw mat, for instance—may be patented when its form, its size,
and its length are new.” So, again, the Court of Cassation decided,
on February 9, 1862, that “the production of a new industrial result is
an invention that may be patented, even if it is only due to a new
combination in the form and proportions of objects already known.”
On the contrary, the Correctional Court of the Seine decided on
December 24, 1861, that a modification of form, even when it
procures an advantage, is not of a nature to constitute a patentable
invention. Can we not say with the poet: