of which may perhaps wholly expire before the design

Arts' Evid. is fairly known to the public. (Of course the maximum of the varying period should be strictly defined.)

II. Smith,

145.

ii.Registra

tion.

2. A method of double registration, i.e. of registraEvidence of tion both local and central. It must be cheap and manufactu- easily accessible, and the protection must be contingent on the registration.

artists and

rers pas

sim.

iii. Collec

terns regis

3. A general collection of models and specimens of all tion of pat- such new designs and fabrics as shall be registered for protection; as well for preserving them to the public, when the legal term shall have expired, as for facility of reference to prevent unknowing piracy.

tered.

Ibid.

iv. Local tribunals.

Ibid.

Law of France as to Copyright in patterns.

Lawof1826 establish

de Prud'

And 4. Local tribunals in the chief manufacturing towns, composed of persons competently acquainted with the manufactures of the place, and vested with power to decide summarily, under the statute, in all cases of piracy or disputed copyright in patterns.

That there will be difficulties in framing a measure, which shall comprehend all these requisites, and not go too far, is certain; but the task is not therefore to be neglected: and the subject is one of such paramount importance, that it will well repay the labour bestowed. It may be of use to ascertain what light is thrown upon it by experience in other countries.

The penal code of France enacts that the infringer (contrefaiteur) of any pattern, registered as copyright, shall pay a fine of not less than 100 francs, nor more than 2000, and that all printed designs and fabrics, together with all the plates, moulds, and matrices, shall be confiscated; and it also enacts, that a fine of not less than 25 francs, nor more than 500, shall be levied on any person who sells an article so pirated.

By a law passed in 1826 copyright in patterns is ing Conseil secured for one year, three years, five years, or in perhommes at petuity, at the option of the manufacturer, to be declared at the time of registration. And it is required that manufacturer desirous of securing his copy

Lyons.

i. Period of protection.

any

tion.

right shall deposit his pattern under an envelope, bearing his seal and signature, at the office of the Conseil de Prud'hommes of the district. This packet is sealed with the seal of the council, a register is kept of all ii.Registraclaims, and the manufacturer receives a certificate bearing the date of the delivery of his pattern. In case of any dispute respecting the copyright, the register of the council is held to be decisive evidence of priority of date. The fee to be paid to the receiver of the com- Fees. mune, on depositing the pattern, is fixed by the council, but must in no case exceed one franc yearly,* during the period for which the copyright is secured. The fee for a perpetual copyright is ten francs. The fee for a certificate of registration is three francs.

Manufacturers of hardware and cutlery, and some others, are authorized to employ a device or 'mark,' and on registering that mark (as with patterns), they obtain an exclusive title to its use. Any one who surreptitiously employs or imitates the mark of another is held to be a forger, and in addition to the penalties of fine and confiscation, is subject to those which attach to other kinds of forgery, as of writing.

On the expiry of the term of copyright, the law requires that the pattern shall be delivered to the Conservatoire des Arts, to be added to its general collec- iii. Collection. This collection is stated by Dr. Bowring (who tion of patterns, &c. has done so much to place our amicable relations with foreign countries on that best of all foundations—an accurate knowledge of each other,) to afford "a very

It is curious to remark that in the bill recently introduced by Mr. Mackinnon to amend the law relating to letters patent, there was a provision for affording protection to patents at the rate of ten pounds per patent, per annum, in addition to fees and law costs. So different are the notions of protection on either side the Channel. In France the law offers premiums and encouragement to the artist, the man of letters, and the manufacturer; ours offers them also-but only to the lawyer.

Arts' Evid. striking history of the progress of manufacture:" he is speaking of the Conservatory of Lyons.

11. 54.

iv. Remedy. Local tri

bunals;

The first duty of the Conseil de Prud'hommes is, as we have seen, the recognition and registration of the (with ap copyright; the next is the prompt protection of it by a peal to the tribunals of certain and summary process, if it happen to be incommerce.) fringed upon. This council is the sole judge of the

How formed.

Dr. Bow

Evid.II.58.

fact of infringement, and decrees the penalty (within the limitation prescribed by law), on conviction of the offender. The fee for summoning any party to the tribunal is one franc twenty-five centimes; and for pronouncing a judgment two francs. The Court grants a witness compensation for one day's labour, and all costs are paid by the losing party. The same courts have jurisdiction in all cases of patents (if the patentees choose to apply to them), and in all disputes between masters and workmen; and their sittings are public.

In the organization of these tribunals much depends on local circumstances, and especially on the peculiar demands of the manufactures predominating in the district. The number of persons composing them varies from ten to twenty-four or twenty-five; and these are chosen from amongst the manufacturers and their workmen themselves, a part retiring every year by rotation. The manufacturing portion is chosen by all the manufacturers paying for licences; the workmen (taking the silk manufacturers of Lyons, for example,) from amongst those possessing a certain number of looms, &c. It must be remembered that these tribunals have (as has been observed) jurisdiction in all cases between masters and workmen, as well as those between manufacturers.

In towns where there are several manufactures, the ring, Arts' statute organizing the tribunal provides that it shall contain so many members connected with each important trade. At Saint Etienne, for instance, where there is a large manufacture of silk ribands, and also

of arms, hardware, and cutlery, it is provided that there shall be in the council so many hardware manufacturers and so many silk manufacturers. And at Rouen, where the council is composed of fifteen persons, five are chosen from amongst the manufacturers of cotton, linens, or silks; two amongst spinners or machine makers; two amongst woollen manufacturers; two amongst chemists, dyers, bleachers, &c.; two amongst printers of cotton or paper; one amongst potters or metal founders; one amongst soap makers, &c.

It may also be stated as some proof of the popularity as well as of the activity of these tribunals, that although in the year 1835 there were no less than 3,835 cases of all kinds, (including those concerning wages,) decided by the council established at Lyons, yet appeals against their decisions were made in 152 cases only. court of appeal is the tribunal of commerce.

The

Dr. Bowring states that he has attended the proceedings of these councils, and has found their decisions generally satisfactory; that in all cases of interest there is a large attendance both of manufacturers and of workmen; and he is of opinion that no better organization has yet been discovered for the application of a fit and economical remedy for such cases as these councils are ordinarily called upon to decide.

They

Such is the constitution of the copyright tribunals of Ibid. 55. the manufacturing cities and towns of France. appear to have been not unfitly called tribunals of conciliation, as well as of justice. And if judiciously imitated (not slavishly copied), with such modifications as different circumstances may demand, I doubt not our own manufacturers would derive great and seasonable benefit. I have endeavoured to sketch the leading provisions of such a measure in note C of the Appendix.

Appendix

C.

But no measures for the protection of copyright, how- 5. Letters

inventions.

patent for ever large and comprehensive, will render complete justice, either to the artist or to the manufacturer, unless accompanied by the searching revision and Ante, p. 18. radical improvement of our PATENT LAWS. I have already intimated what seem to me the main objects of such a reform. Simplicity of the forms of procedure; reduction of the stamp duties and fees; abolition of separate patents for different portions of the kingdom; provisions for cheap and safe transfer, and for competent tribunals, and consequent abolition of many needless causes of vexatious litigation. At present, I address myself to the provisions of the bill introduced by Mr. Mackinnon into the House of Commons, and enquire how far these objects are likely to be attained by it, should it pass into a law.

Mackinnon's bill to amend

the practice relating to

letters patent, &c. § 1 to 8.

§ 9.

By this bill it is proposed to transfer the power now exercised by the Attorney and Solicitor General in the granting of patents, under the old statute, and also those respecting the entry of disclaimer or memoranda of alterations, under 5 and 6 W.IV. to a board of commissioners to be appointed by Her Majesty, and styled the commissioners of patents for inventions; they are to have a secretary and two registrars also appointed by Her Majesty; and their powers are not to interfere with the jurisdiction, either of the judicial committee of the Privy Council or of the courts at Westminster.

Petitions (in form, &c. as at present,) for letters patent are to be filed with the registrar and kept as of record. The commissioners are to hear objections, after public advertisement, and if they decide to grant the prayer of the petitions,are to make on it a draft or bill to the Secretary of State, who is to return it with Her Majesty's sign manual. The commissioners are then to make out letters patent and send them with the bill to the Lord Chancellor, who is to affix the great seal, and 4 10 to 12. return them to the board. The mode of proceeding