CO885(1-2) — Page 441

PUBLIC RECORD OFFICE

C.O.

Reference :-

885

2 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-I COPYRIGHT PHOTOGRAPH-NOT TO

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MALTA.

Governor Sir William Reid, -On the advantage of granting Patents at all I have great doubts, and I am inclined to think that on closer investigation such monopolies will cease to be granted in countries like England. But with regard to extending such privileges to the Colonies, at the mere instance of the individual demanding it, I can perceive no advantage except to the individual to whom the monopoly is given.

When men emigrate, and settle to clear the waste, their difficulties are sufficient. No law should be made to prevent them making use of all known contrivances for facilitating labour. It is possible that a machine may be made, nice in its construc- tion, or a discovery made of delicate application, which might be to the advantage of a Colony to introduce at a price; but I think it should be left entirely to the Colonies to judge for what contri- vances they would pay a price, and how that price should be arranged for the mutual benefit of the inventor and of the Colony. In my opinion it would be an act of injustice towards the people of Malta to interdict, without the consent of their own Legislature, the use of an invention which the people of Syracuse might freely adopt. English Patents were on easy terms extended to Malta, I fear a new Government office might become necessary, and fresh expense be incurred.

And if

The Crown Advocate, Mr. Micallef.--According to the present state of the law, no special power is given to the local authorities in the Island of Malta and its dependencies for granting Patents of Inven- tion within the Colony. Formerly an opinion pre- vailed that the Governor had power to grant such Patents, in pursuance, as I suppose, of the Legis- lative authority vested in him. But I think that the head of the Civil Government, as the Govern- ment is now constituted, no longer possesses any such power. I am of opinion that similar privileges cannot at present be granted but by the Legislative authority, and by means of a Legislative Act.

No special mode of proving, in the local Courts of Justice, Patents of Inventions granted in England

MALTA

Governor, No. 170. April 9, 1853.

MALTA.

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being traceable from any of the extant laws, in

Governor. No. 170, April 9, 1853. cases of the kind, recourse would be had to the general rules in observance as to documents or copies of official documents issued in England.

It appears to me that there is no necessity for any special legislative provision to the effect of making Patents available by proof in the local Courts, in cases of infringement of the inventor's rights. In cases of this nature, it will be sufficient, in my opinion, to have recourse to the general rules which prevail in reference to documents or copies of official documents made out in England.

Auditor-General, Mr. Thornton.-Concurring as I do in the view taken, that no benefit would be. derived to Malta by bringing the Island within the British Law of Patents, I am at the same time of opinion that the possible advantage to the United Kingdom from such a measure would be so insig- nificant as scarcely to merit the consideration of the parties concerned in obtaining Patents for their inventions and improvements, and certainly as not worth the expense and trouble which the watching of their interests, as patentees. would occasion.

Collector of Customs, Mr. Bourchier.-I do not see how the extension of the Patent Law of England to Malta could benefit this Island, although it is obvious that its introduction might have an injurious effect, by preventing any enterprising inhabitant, having a steam or other manufactory for machinery, from benefiting by new inventions in that branch of industry-inventions which might be eminently use-

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ful, but not of such frequent demand as to tempt English patentees to introduce them into this smali community to say nothing of the impolicy, I might call it injustice, of excluding British subjects from advantages open to their near foreign neigh- bours.

The Chief Secretary, Mr. Lushington. It is not necessary to enter into the general subject of Patents; though I am inclined to think that they are in some cases required by justice even more than by expediency, as the only means at present possible of remunerating an inventor.

But looking at the question proposed with refer-