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LONDON :
F. ELSWORTH, 19, CHANCERY LANE.

1849.

LONDON: C. ROWORTH AND SONS, PRINTERS,

BELL YARD, TEMPLE BAR.

PREFACE.

PROPERTY in form, distinct from that of the material substance or article in which it was exhibited, was, till within a few centuries, quite unknown. It has of late years attracted much notice, various arts having facilitated the multiplication of copies, and Government has paid attention not merely to the legal protection of Design, but to its encouragement by schools of art, museums, &c. while it is not only patronized but practised by Royalty itself.

Legally the subject has generally been treated of as an appendix to or variation of literary copyright, or of patents. It has, however, an independent character distinct from either of these. 1. In literature ideas are expressed by letters representing vocal sounds; the shape of the black marks, dots or strokes on the paper being immaterial. But in an engraving or a pattern, these are the language of the author, and subject of the right. 2. A patent, again, is properly a right to an art or trade, a process, method or operation, and the forms of machines and vessels are described by the patentee not as the invention, but to show “the manner in which it is to be performed.” An equivalent apparatus might be substituted without altering the principle of the invention, but it might be a different form and configuration.

As further legislation is anticipated, while the existing laws are likely to obtain judicial development, the Author contemplates a return to the subject, and will esteem as a favour the communication through the publisher of additional information.

Postscript.—The report of Lowndes' case has not reached London. An imperfect account in the Mechanic's Magazine seems to show that a design to be first lithographed, and then executed by the needle, was duly registered under Class 10, and even if the class were a wrong one, that the right was not affected by such error,

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SECTION
I.—The Nature and Value of Design Copyright. (See

Babbage's Machinery and House of Commons' Re-
port, 1836, on Arts and Manufactures; see also as
to Engravings, Edwards' Economy of the Fine

Arts.) ....................................
II.--Historic and Statistical Notices of the Subject ..... 12
III.—Principles of the legal Right as now administered,

and those on which it should be extended. 1. The
Nature of the Right. 2. The Formalities consti-
tuting it. 3. Its Enjoyment. 4. Its Violation and
Remedies. 5. Its Expiration, the Term for which
it is granted. 6. Its Collision with Patent Right.
(See Copyright Treatises generally; Lowndes and
Curtis are the latest, and a Note to Jarman's Con-
veyancing. On the Theory of the Subject, see
House of Commons' Report on Designs, 1840 ; a
Work by Mr. E. Tennent, M. P. ; a Letter by T.

Thomson, F.R.S.)................
IV.-Practical Points ..........

1. The Right before Publication ........
2. Advantages and Mode of claiming legal Right .
3. Exercise of it and Transfer ........

4. Breaches of the Right and Remedies ........ Comparison of Kinds of Property in Invention ..

APPENDIX.
Statutes in Force, viz.-

Four Engraving Acts................ 77, 79, 82, 88
Two Sculpture Acts ......

....... 83, 85 Two Designs Acts ......... ........ 89, 101

International Act .......... .......... 105 Rules of Registrar of Designs ......

........ 108

.......

......

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