# Primary Sources on Copyright - Record Viewer
Gareis: Juridical Nature of Author's Rights (1877)

Source: Digital library of the Max-Planck-Institut für europäische Rechtsgeschichte.

Citation:
Gareis: Juridical Nature of Author's Rights (1877), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

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            Chapter 1 Page 24 of 26 total


208


      C. The trade name can be bequeathed and transferred amongst
living persons, but always only if it is accompanied by the
firm it is designating (Art. 22, 23, 24).

            7. The inventor's right

(patent right) hasn't been laid down yet by Imperial law.* From
the patent laws which have come into force so far, it is not
difficult to prove the existence of a special patent right
which is analogous to the individual rights - especially the
author's rights- that we have just discussed (I-IV). The French
patent law of 5 July 1844 (loi sur les brevets d'invention)
defines, in Art. 1 and 2, the inventor's right positively: in
order for the right to exist, official confirmation is necessary
(though without previous detailed examination). This right is
limited there by Art. 3, 4, 15-17, 29. For the purpose of
prosecuting infringements of the inventor's right, actions
for cancellation, suits for forfeiture of the patent (Art. 34)
and actions for damages (Art. 46) are envisaged by this law,
whereby the public "délit de contrefaçon" [offence of fraudulent
imitation] is subject to public punishment (Art. 40-41). The
inventor's right is wholly or partially transferrable (Art.
20-22). Cf. Renouard, "Traité des brevets d'invention" (Paris
1865, 3rd ed.); Klostermann, "The Patent Legislation of all
Countries" (2nd ed., 1876), p.316ff.: 'French patent legislation'.

____

* A German Imperial law on the protection of inventions is in the
process of being developed: the draft for it has been presented
by the Imperial Chancellor to the German State governments. Cf.
"Advertiser for the German Empire", 1876, issue no.275,
supplement no.1, where the text of the draft is given together
with comments by the Imperial Chancellery Office. On this matter,
see: "Charitable Weekly Journal" (Würzburg), 1876, no.51/52,
p.428ff., and, in particular, R. Klostermann's essay in the
previous issue of this publication (vol.35, p.11ff.), as well
as 'Minutes and conclusion of the consultations held by an
expert commission assembled up by the Imperial Chancellery
Office to discuss the legal regulation of the patent system'
(ibid., pp.92-184).

    

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