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4>th Day.] Uniformity of Laws. [2 June, 1911. Sir JOSEPH WAKD—cont. stimulate numbers of people who are anxious to give to the world—and to obtain the benefits from it themselves, which is perhaps the inspiring motive in the first instance —but it would give the world the opportunity at least of having the value of the brains of lots of people who are able to produce something new. But when they make a start in New Zealand (and it applies to the other Dominions too, and to England itself) to have that patent protected all over the world they are confronted with such difficulties that in many cases they drop the idea of doing it. In addition to this, under the present system a man may get provisionally covered in one Dominion, but, owing to a certain confusion and want of uniformity and the great delays taking place, before he has made his second start some smart man in another country completely outside the British Empire gets the idea; he gets the sketch drawings, even where registration has taken place in one country, sent to him. The result is that in some great country (it has occurred to my own knowledge or been brought to my notice) the whole possibility of a man getting the benefit of his genius is lost because the patent has been registered by another and put into operation before he could patent it there himself. That is very often the result of these delays. So with trade marks. There ought to be no difficulty in having uniformity regarding our trade marks law. It requires no elaboration from me to commend this to the representatives of the Conference who are here. So with our company law. Ido not say that we could expect to have a similar company law established in all portions of the British Dominions, but it is worth consideration as to whether we now have a company law that as far as the other Dominions are concerned would be accepted in connection with the companies they have in any portion of the British Empire. At the present time our company law in some respects follows the English law; in some respects it differs. The number required to found a company is different in different portions of the Empire, and, as far as I can judge, it would be a good thing if we had, as this motion says, "more uniformity." Exact uniformity, if one may use the term, is impossible of achievement, but I think it a move in the right direction, and I have pleasure in submitting the motion that I gave notice of. Dr. FINDLAY :As this is a legal matter, may I say one word \ It seems not only that uniformity is desirable, but, if possible, unity is desirable. It seems that, if we are going to give substance to the Imperial spirit, we ought, where we can, to give an Imperial force to such a law as this is. If you get a patent in America at Washington it is a patent for about one hundred million people. You may get a patent in New Zealand which will not be recognised in Australia. We have litigated through our courts some of the greatest patents, including the cyanide process, for instance, and our courts arrived at a different result from that of the courts in Australia, based on a different interpretation of the different prevailing patent laws of both States, although the circumstances were the same and the offices which the patent was discharging were the same; and it is anomalous, it seems to me, where you have an Empire like ours, that you should have in one part of it a patent valid and in the next part of it'the patent invalid. It seems to me, therefore, that, as far as we can accomplish it, the system should have the force of Imperial uniformity. It is surely conceivable that the grant of a patent here in London might have validity right through the Empire. That is one branch of it, and the other is the uniformity to which Sir Joseph Ward has referred; but the uniformity should not, it seems to me, be limited to machinery merely, but might go still further. In Canada the examination made before a patent is granted is much more exacting than in England, and hence a patent granted in Canada is looked upon as more valuable even than a patent granted in England, New Zealand, or Australia. In America the inquiry is more exacting still; but it seems to me that it would be a great advantage if uniformity of examination could be established in connection with patent law as well as mere uniformity of machinery, because what I desire to press upon the Conference is that if you are going to give some concrete expression of the Imperialistic spirit it might be done in such a direction as this. I think the scope of the suggestion might be even wider.

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