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chattels real, such as rents, which are treated as personal property by English Law, to be governed by the law of the situs ? And what law does Story rely upon for his statement, that only such moveables as retain their original and natural character follow the person? Not the Law of England or of his own country (which in an international treatise he persists in calling the common law), but on the law to be derived from the reasoning of jurists, to whom he refers in a note; for at that time no decision of an English or N. A. United States Court could be cited in support of his opinion.

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WE have considered the nature of Moveable and Immoveable Property, of jura in re; there remains a class of property which jurists make a third class, jura ad rem, that is, incorporeal rights, "quæ bona neque dicuntur mobilia neque immobilia sed tertiam speciem componunt et dicuntur "incorporalia" (a).

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These are considered subjects of property. They are perhaps more strictly the means of obtaining property (b); such are rights of action, and of succession (jus hæreditatis), debts which are holden by the better authorities to be attached to the person of the creditor (c).

These incorporeal chattels form part of what is happily termed, in the Roman Law, the universitas juris of the successor to a deceased person, or of the assignees of a bankrupt.

Thus Donellus says, "Hæreditas enim res est incorporalis "in jure consistens et quamvis in hæreditate contineantur "res corporales ipsum tamen jus hæreditatis incorporale est. Quæ incorporalia" (he adds) "nusquam sunt;" and having no place, he shows that the lex rei site, which he generally

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(a) Casaregis in Rubr. Stat. Gen. de Success. ab Intestat. n. 64, 65, t. iv. pp. 52-3, cited by Story, s. 399, n. 1, from Livermore's Dissertations, p. 162, s. 251.

(b) I am not speaking of servitutes, or the jus emphyteuseos, which are of the nature of immoveable property. It is perhaps difficult correctly to classify mortgages.-Story, s. 523.

(c) Story, s. 399.

adopts, as has been said, cannot govern in their case, but that "relinquitur omnino locus is unus in quo controversia "hæreditatis tractanda sit, ubi, scilicet qui convenitur habet "domicilium" (d).

This subject is further treated of hereafter in the consideration of obligations and of succession testamento et ab intes

tato.

DLXXIV. There are three classes of incorporeal chattels which have obtained particular consideration in the Law of England.

I. Patent Rights.

II. Copyrights.

III. Trade Marks.

Copyright has, as will be seen, been clothed with an International character. All three are regulated by Statute Law.

DLXXV. The grant of (I.) a Patent Right (e) is an act of Royal or executive power, not ex debito justitiæ. A Patent Right is assignable by a writing under hand and seal; it is also competent to the patentee, without an entire alienation of his interest, to grant deeds of license to any one or more persons to manufacture the article (ƒ).

No decision has been given in England upon the subject of the foreigner's capacity to be an assignee of such a right; but there seems no reason to doubt that he, or at least an alien ami has such a capacity.

(d) Comm. de J. C. 1. xvii. cf. actiones: "si actiones interpretamur jura persequendi dicimus actiones quæ sint res incorporales."Lib. xix.

Cf. Story, ss. 322-399.

Stephen's Comment. vol. ii. bk. ii. pt. ii. ch. iii.

(e) As to patent rights, see

5 & 6 Will. IV.

2 & 3 Vict. c. 67.

c. 83.

7 & 8 Vict. c. 67, ss. 2, 7.

15 & 16 Vict. c. 83.

16 & 17 Vict. c. 5, c. 115.

(f) Stephen, ubi sup.

DLXXVI. It is clear, however, that according to the general principles of International Law (g), such Patent Rights (brevets d'invention) do not extend beyond the territorial limits of the sovereign who grants them, and are not recognised by foreign States.

DLXXVII. In France two questions—one directly, the other indirectly, relating to these subjects-have undergone judicial examination.

1. Is it lawful for a Frenchman to make or counterfeit the subjects of a patent granted by a Foreign State?

To this question the answer has been without hesitation in the affirmative. Such patents are considered exclusively as creatures of the municipal law of each State. "We have "not yet advanced" (says Fœlix (h), with evident regret) "to the stage which would apply to them the principle of "the comitas gentium."

The second question is

2. Is it lawful for a Frenchman to stamp upon his merchandise the stamp or mark of a foreign manufacturer?

It is melancholy to record that the Cour de Cassation (i) has decided the affirmative to this question. "It is " (Fœlix says) (k) "one more misfortune to add to those which a narrow-minded legislation and jurisprudence have already "drawn down upon France, by provoking measures of re"torsion in Foreign States" (1).

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There is something ludicrous in the attempt of the Cour

(g) Fœlix, 1. ii. t. ix. c. vi. Massé, Le Droit Comm. t. ii. p. 592 (ed. 1874). De la Propriété littéraire artistique et industrielle. The general question and theory of such property is very lucidly discussed. M. Renouard, des brevets d'invention. Code internationale de la propriété industrielle artistique et littéraire, par MM. Pataille et Huguet (Paris, 1855).

(h) Ubi sup.

(i) See decision of 12th July, 1848, Dev. Car. 48, 1, 416, cited in Demangeat's note to Fœlix.

(k) Ubi sup.

(1) Cf. Annales de la propriété industrielle artistique et littéraire,

de Paris (m) to atone, as it were, for this injustice by deciding that a foreigner cannot be criminally proceeded against in France for fraudulently using the stamp of a French manufacturer in a Foreign State. M. Demangeat, moreover, thinks that he would be liable to civil damages.

The Judicial Committee of the Privy Council have holden, in the case of an English Patentee obtaining a patent abroad for his invention, in addition to his English patent, that the English Patentee is in no sense to be thereby prejudiced either with respect to his original patent, or with respect to any application which he may be advised to make for a renewal of it.

And, also, that an English Patentee who has obtained a patent from abroad, may make out a case for a prolongation of his patent, but that regard must be had to all the circumstances of the case, to the antecedent circumstances, the effect of which the Legislature itself has thought of so much importance as to make it absolutely impossible for the Crown in some cases to grant a renewal of a patent, or even to extend a patent beyond the duration of the foreign patent, whether the invention is in its origin and domicil a foreign invention or an English invention, and that difference must be borne in mind in considering such an application (n).

DLXXVIII. (II.) Copyright is the exclusive right which the law allows an author of reprinting and republishing his own original work.

It is a right of which no traces are to be found in the Roman Law. In England it was of a most uncertain character till the reign of Queen Anne (o), when it became the

Juin, 1864. Loi de Juin, 1859. Treaty between France and England, Jan. 23, 1860. Cases of Spence and of Stubbs, 1864.

(m) 19th and 20th November, 1850, Dev. Car. 52, 2, 345, Demangeat's note to Fælix.

(n) In re Johnson's Patent (Willcox & Gibbs), 4 Law Rep. P. C. p. 80. See also In re Winan's Patent, ib. 93; in re Blake's Patent, ib. 535. (0) 8 Anne, c. 19.

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