R
PUBLIC RECORD OFFICE
חחון
C.O.
Reference :-
.885
16 PUBLIC RECORD OFFICE, LONDON
2
We have taken the matter into our consideration, and in obedience to your commands have the honour to
Report-
(1) We are of opinion that the sections referred to are intra vires.
(2) The Convention ceased to exist as such on the conquest of the Transvaal, but Article X. of the Convention, so far as it had become part of the law of Swazi land, was not abrogated by the conquest, and remains in force except so far as it has been altered by Proclamations under the Order in Council of June, 1903.
(3) If Article X. had not already under the South African Republic the force of law in Swaziland it would require legislation to render it effective, but the point seems immaterial if, as appears, it has been superseded by the Proclamation.
The Right Honourable
Alfred Lyttelton, M.P.,
&c. &c.,. &c.,
We have, &c.,
R. B. FINLAY.
EDWARD CARSON.
26538
No. 12A.
(TRINIDAD: GENERAL.)
GENERAL POST OFFICE to COLONIAL OFFICE.
[Wireless Telegraphy: Alleged Infringement of Marconi Company's Patents.]
General Post Office, London, SIR,
July 27, 1905. WITH reference to your letters of the 5th ultimo and 7th instant, No. 17979/05, relative to the alleged infringement of the Marconi Company's patents by the Lodge- Muirhead Syndicate's wireless telegraph system, I am directed by the Postmaster- General to forward, for the information of the Secretary of State, the accompanying copy of reports from the Solicitor and the Engineer-in-Chief to this Department.
Lord Stanley thinks that Mr. Secretary Lyttelton may also be interested to see the accompanying copies of
(1) A Case which was prepared for the Law Officers in 1899 in regard to the validity of the Marconi patents and an interim opinion which they gave on the 19th December of that year;*
(2) A Report, dated November 10th, 1900, from the then Assistant Engineer-in- Chief and Electrician to the Post Office, summarising reports which had been obtained (in accordance with the suggestion of the Law Officers) from Professors Oliver Lodge and Silvanus Thompson, as independent experts; and
(3) A further Case and Opinion of the Law Officers, dated the 14th August, 1901.t
In considering the bearing of these documents on the present question, Mr. Lyttel- ton will no doubt bear in mind that the Lodge-Muirhead system was not before the Law Officers when they gave their opinions.
In view of the fact that the Marconi Company have not taken out patents in Trinidad, Mr. Lyttelton may perhaps think that the Marconi Company's allegation that the Lodge-Muirhead system infringes patents which they have taken out else- where not of serious moment so far as the use of the Lodge-Muirhead system in that Colony is concerned. As regards, however, the position of the Lodge-Muirhead system in this country and in other countries in which the Marconi Company have taken out patents, it is a question whether the distinctions which the Engineer-in- Chief points out between the Lodge-Muirhead system and the Marconi system would be regarded by the Courts as sufficiently great to remove the former system from the scope of the Marconi patents. In these circumstances, it is the intention of the Post- master-General, in the probable event of his asking the Lodge-Muirhead Syndicate to tender for the erection of certain wireless stations which he proposes to establish in connection with the Post Office telegraph system, to insert an indemnity clause in the form of tender. He proposes to extend this course to any other company which may be asked to tender; and he thinks that possibly Mr. Lyttelton may consider it desirable that a similar clause should be inserted in any form of tender which may be issued, or in any contract which may be made, for the provision of wireless telegraph apparatus (of whatever system) to the order of Colonial Governments in any Colony in which wireless telegraph patents have been taken out.
I am, &c.,
H. BABINGTON SMITH.
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
ADVICE GIVEN BY THE SOLICITOR TO THE POST OFFICE.
I agree that the use of the Lodge-Muirhead system in Trinidad (even if it is an infringement. of the Marconi patent) would not be actionable, unless the Marconi Company has obtained protection for Marconi's invention according to the law of that Colony.
• No. 2428 in Vol. V.
25 Wt 2615 11/05 D & S 5 22381
↑ No. 99A in Vol. VI,