CO885-(1-2) — Page 456

PUBLIC RECORD OFFICE

C.O.

Reference :--

• 885

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ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

PUBLIC RECORD OFFICE, LONDON

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sanctioned, should in all its main provisions be in conformity with the law of the Imperial Parliament.

It is perhaps of little consequence for me to add that in relation to the law of Patents generally, I have long had the impression that it has done as much harm as good; and that in such a nation as the British, an inventor ought to be entitled to claim a public reward for his invention, and upon that being awarded by a competent tribunal, that the use of the invention should be open to the world.

BARBADOS.

The Executive Council-On reference to the

JAMAICA.

Governor, No. 94, Sept. 10, 1858.

BARBADOS.

Statute Book of the Island, many Colonial Acts will Governor, No. 18, March 24, 1853. be found granting extensive privileges for useful inventions in the Island, dating from 1751 to the present time. It appears, therefore, that the local authorities have the power of granting Patents within the Colony.

No question relating to the infringement of a Patent granted by the Crown has ever arisen in any of the Courts of this Island; your Committee, how- ever, apprehend that an exemplification of the enrol- ment of the Letters-Patent would be evidence in the Courts here of such Letters-Patent under the 3rd and 4th Edward VI, cap. 4, explained by 13 Eliz., cap. 6. The only local Act relating to the proof of Letters-Patent was passed on the 1st October, 1841, for the purpose of making an examined copy of the Colonial Bank Charters which had been recorded in the Secretary's Office, of the Island Evidence, and also for making certified copies from the record in the Secretary's office of such examined copies, evidence.

With regard to the opinion of the Committee as to the expediency of the grant of Patents in England extending to this Colony, the Committee take leave to refer to a copy of a petition from the Council and Assembly of this Island to Her Majesty on the subject of Patents touching the manufactures of the Island, in which the unanimous opinion of these two

BARBADOS.

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branches of the Legislature of the inexpediency of

Governor, No. 18, March 24, 1853. extending the grant of certain Letters-Patent to this Colony is expressed; and Her Majesty having been graciously pleased to confirm the Act passed on the 26th August, 1852, which restricts the granting of Letters-Patent relating to the manufacture of sugar, or other product of the Island, to the Local Legis- lature, has relieved her loyal subjects in this Island from any injurious consequences for the future arising from such grants.

Although an exemplification of the enrolment of Letters-Patent would be evidence of such Letters- Patent, yet as the Letters-Patent do not contain the specification, which by the late Patent Act, it would appear, is not now enrolled, but filed, as directed by, that Act, it would seem that a duly-certified copy

of

the specification from the office where it is filed Your would be evidence of such specification. Committee, however, think that an Act similar tö that in respect of the Colonial Bank would facilitate the proof, while at the same time it would give notice of the existence of such Letters-Patent..

Mr. Attorney-General Sealy and Mr. Solicitor- General Tacker.-By a recent Act of the Island bearing date the 26th August, 1852, which was passed in accordance with the provisions of the Imperial Act 15 & 16 Vict., cap. 83, no Letters- Patent which may hereafter be granted relating to the manufacture of sugar, or any other product of this Island, or to any process or machinery con- nected therewith, will be of any validity in this Island, unless the same shall be granted by an Act of the Local Legislature. And with regard to the mode of proving, in the Courts of this Island. Patents granted in England, we have to state that an exemplification of the Letters-Patent under the Great Seal would be admissible in evidence under the provisions of the Imperial Acts 3 & 4 Edward VI, cap. 4, and 13 Eliz., cap. 6; and with respect to

the proof of the specification, we are not aware of any action having ever been brought in this Island

for the infringement of a Patent to which reference could be made on this point, but we are of opinion that an examined copy of the enrolment of the original, as was necessary in England before the passing of the 15th & 16th Vict., cap. 83, would be

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