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PUBLIC RECORD OFFICE

c.o.

Reference :-

885

2 PUBLIC RECORD OFFICE, LONDON

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

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cuce to the interests of Malta only, I do not think

MALTA.

the extension of Patents hither would be an advan- Governor, No. 170. April 9, 1858.

age.

The only point of view in which it could be so regarded would be, that the patentee might be tempted by the advantage of a monopoly to intro- duce an invention earlier than it would otherwise be introduced by imitators.

Such cases might occur, but not frequently. Now it is probable with reference to steps of obvious and extensive utility; and there are more than counter- balancing advantages on the other side.

To take a case in point: Malta has few manufac- tures, and no machinery; but the Messrs. Maudsley are about to set up an establishment for steam machinery. Now it is obvious that Malta presents no such field as would tempt the patentecs of every small advance in machinery to go to the expense of introducing it here.

On the other hand, it is obviously for the advan- tage of Malta that Messrs. Maudsley should be at liberty to adopt every step in improvement as fast as it is made.

On these grounds, and setting aside the interest of the patentees, I concur in thinking that it should be left to the Local Legislature to offer, when it thinks proper, the inducement of a Patent-a circumstance which it is probable would occur very seldom. The blame of an injudicious grant would then rest with them, and not with the Home Government.

GOLD COAST.

Governor Hill.-There is no special law in these

CAPE COAST CASTLE.

Settlements on the subject; nor do I consider the Governor. No. 19. March 4, 1858. state of society here at present requires such a law.

ST. HELENA.

Governor, No. 30, May 20, 1853.

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ST. HELENA.

Mr. Queen's Advocate Firmin.-I beg to observe that in a Colony like St. Helena, where no manu- factures even of the most ordinary kind exist, and the natural products are almost confined to the esculents raised for the supply of shipping, there would appear to be little prospect of the protection of the law being required for local inventions, and as little cause to apprehend an infringement of the rights of others; consequently any opinion as to the benefits to be derived from extending the grant of Patents to this Colony can only be conjectural, and in reference to some distant future. The remarks, therefore, which I shall append to the several inquiries contained in the Circular, I beg to be understand as offered with submisslon to superior judgment.

With regard to the first question-What is the present state of the law of this Colony as to the powers which exist for the grant of Patents within

the Colony by the local authorities, and also as to the mode of proving, in the Colonial Courts, Patents granted in England?-regard being had to the recent Patents Act, 15 & 16 Vict., c. 83, and also to the Act to amend the Law of Evidence, 14 & 15 Vict., c. 99; I have to state that I am not aware of any law in this Colony which empowers the local authorities to grant patents within the Colony. The mode of proving, in the Colonial Courts, Patents granted in the mother country, should it be neces- sary, would be the same as is adopted in the Superior Courts in England by the production of an exemplification of the enrolment of the Letters- Patent.

As to the expediency of the grant of Patents in England extending to this Colony, there does not appear to be any ground for objecting to such a measure, although, from the peculiar circumstances of the Colony, it may be long before its advantages become available.

To the last question of the circular-What faci- lities would it be necessary for the Legislature to give (supposing no sufficient facilities at present to exist) for rendering such a Patent available by proof in the Colonial Courts in case of infringement i C

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none other than Crown Colonies. And the first

CAPE OF GOOD HOPE.

proviso of this section seems, indeed, to place the Governor. No. 132, Nov. 18, 1453. correctness of this construction beyond reasonable

doubt.

6. The expediency of granting Patents in England extending to this Colony, if it be lawful so to do, is

a question upon which it is not necessary that I should here give my opinion. But as to facilities to be afforded by the Colonial Legislature for rendering such Patents, if legal, available, I confess I scarcely think that any such facilities would be needed; the copy or extract, sealed with the office seal of the Commissioners, would, as I have said, prove itself. Any number of these instruments which eircumstances required, could be forwarded to the Colony by the patenter. But if it appeared desirable to provide means for proving the Patent in auy particular part of the Colony, without risking the loss of an instrument received from England, by transmitting it through the post, or by some other sort of conveyance, the Cape Legislature would, I am certain, pass an Act for rendering copies of the English instrument-certified by some Colonial officer to be correct-sufficient evidence of the Patent in any action for infringement.

The Executive Council.-The Council considers that the encouragement to be granted to inventors to induce them to undergo the labour and expense of perfecting their ideas, ought to be very generally given; and is of opinion that Patents granted in England might expediently extend to this Colony, provided corresponding facilities and protection were given in England to Colonial inventors.

The Council is inclined to think that the new Cape Parliament would be disposed to act upon this principle to any extent which the state of the existing law may be found to require.

Lieutenant-Governor Darling.-Concurs in the opinion of the Executive Council, and adds:-" It may perhaps be desirable to explain, that in claiming for a Colonial inventor the same facilities and pro- tection' as it is proposed to give to the inventor in the mother-country, against infringement in the Colonies of his rights, it is intended more especially to refer to the case of a Colonial inventor, who, though

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