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Mr. Rines演講詞

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王軍清學長返台 榮任交通部政次 王章宿學長今年三月,獲美國 艾森豪獎學自金,半年前偕夫入赴美 國考察,已定於九月間還臺 04 並榮 任交通部政審次長。 v 王學長原任臺灣省公共工程局 長兼蓋北市改制後首屆工審局長,! 對公共工程建設,貢獻卓著。 一歐陽藻學長當仁不讓 義不容辭母校執教 直是設身軍事妄人千春生 FK ﹒揖 J

Encouraging Inventionand Applied Science

in Ameriea and theRepublic of China

友慶祝中退休,並捐助交大獎學金 二千美金,正擬優遊林下,詩書自 娛,母校劉院長浩春白友聲獲悉, 特飛函美國體遨歐陽學長返臺執教 ,經在美趙曾臣、楊天一、陳榮詮 諸學長多方促駕,歐陽學長街諸「 當仁不讓」明訓,已惠允在母校擔 任客座教授一學年。並訂於十月初 一一日抵畫北。母校教授陣容將更為 堅強矣。 賈山根 ZP 口﹒閃﹒白宮口 吋﹒。﹒回 CMHωHH 。 的 HH 肌肉。。『 m EH ﹒的胸口問 gmbv 戶, NNH 耳目 za 開」刊個口 mgpF 口。 CNON d ﹒的﹒〉﹒ 一鈞一 陳龍坤 馮傅炯 yh 門門 -tb ﹒已 -M 甘甜泊的 ω也已。門 vr 古巴個司戶口門﹒ 出。自】此叩門 w 口。 }OHa 丸。 ∞ OωCω 叮 -M-P ZFMNoroHHmr 抽pi 一 句﹒。﹒目。 M ∞mu 閃 munHR 且由門個口 nr zuar 皂白 ωωHg 戶的 -pd 一\ 吋峙。戶開﹒口﹒宮" 的VOOHF 。口 mHmnHφ 口已到 O F 叩門已。目。 nwu KFHWB 扭扭間也 NOT

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施梅華臺北市景美區景仁街七 王若三弄七號之三 主祖故臺北市和平東路三民十 八巷十七弄十五號之三 口 H﹒ nrMmro 口 Grm 口問阿 巴巴。 HZ 叫白色。 口。可阻 432.J 門-HAHOS 口的﹒〉﹒ 口同﹒出口 mrz-nr ¢ NωAmω 印的。 BBZ 旦有的? 口但口 om 個吋個 HWW( 叫個口 h mNHωO 恥 2.mp >. 沈兆龍 張之璟 馬爾傑 朱瑚南 秦 扮 EEu 思?晶刻苦勾引 $145 判 5314LEREEf-H 主 UUKMLHZTCUT QU 戶M R ., A R ,d ., -a UY Dm 7 肘 ,ιEh4rt ﹒ &a 』, 甜 A huv ? .• , G ‘ d A n A

Rines and Rines Boston, Massachusetts Chiao Tung University, Taipei June 12店, 1969

本講詞係 Mr. Rines 在交大所講。經渠之請求,本學年度 將入交大博士班研究,正由教育部核定中,此為外人申請入中國 博士班研究,空前之舉,亦母控之光榮也。 扣 b是 UVRHJ2. 呵,「一 -iωHRZ

Mr. President, Faculty, Students and Tung,University

,

Ladies and Gentlemen:

By associating their names with the institution and prO-grams of applied research that you 'and National Taiwan Univ

:e

rsity are inaugurating. you are honoring three individu-als: Dr. Lan Jen Chu, who became my valued client a third of a2entury ago; my son, Robert H. Rines, who, upon his return from the war, a quarter of a century ago, became associated with me in our patent-law practice; and myself. We.· sincerely appreciate the honor. Dr. Chu and my son believe that I have a mes sage to deliver toyou and I have come halfway around thewor1d to deliver it.

As background of my qualifications to deliver this mess-age/iyou ought to be informed that I was at one time a professional scientist

,

an astronomer

,

engaged in research; and,'forthe last50 years and more, I have been a patent lawyer. I have had the privilege,as such lawyer, o£protect-ing others in the inventions that they made in thecourse of their researches. Since you are dedicating this' institution to the future of research in your own country

,

you may perhaps be interested in what I haveto say as the result ofm:y experiences.

Friends of the Chiao

一 34 一

till--It--iil; lizi;ki--ttpt

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、-、、

earl to North America;but in this me, the mother c o u n t m i I regret my inability to speak to you in Chinese, and I England

,

prevailed.There was nothing in the history of my

j

trust that you wilipardonmbtherefore

,

for tdkinZ to you country, therefore, corresponding to your Japanese sovereig一 I in my Own language. I am the mOre re~ondled t~ thi~ in nty, and the American 叫ler~ remained c~lon~sts of :.h:

I

thatI am infor~ed that most of you have acquired a good mothercountry. There、 is, also, however, the further parallel i working knowledge of English.In this respect, you are far that the American colonists gained their fr叫am at the endl superio; linguisti~aIly to ~s in America.

of a long w叫 the Revolutionary War 9f 1776 to 1783. And ~ - Though=my inte;est in the Orient dates back more than commnding to the additional immigration that you acquired

j

sixty years.I have not followd events in your little island beginning with the year 1949. America has received many! of Taiwan as closelyas I could have wished hid I,had more further immigrants from all parts of theworld in more recent 11 leisure in which to study those events.) recall, however,that

years., ~ your island became settled, severai centuries ago, in

consid-There are stilI additional interesting parallels between

I

, erable measure by veιturesome spirits from the mainla:nd,

your country and mine. As one illustration, your first head

B

~ho were dissatisfied with conditions athome,and, therefore,

of state was (and still is) a military leader whose military .~ sought a hetter life here. I recaIl further that these early exploits contributed to the gaining of yourfreedom from the

B

settlersnever regarded themselves

,

however

,

as other than Japanese., Our~ownfirst head of state was similarly a military .~ members of the Chinese race, kinto those whom they left leader whose military exploits led to the estabIishmentof the 司 b~hind at home; in fact

,

the mother country regarded this United States. As a second il1ustration, upon your separation

J

island as a colony. I recall alsothat, in the 1890法, there -was from Japan, youset up a Constitution. My country did ~the

'g

war between the mother country and Japan,一which resulted same. The Constitution thatm'y country adopted was drafted

j

in the Japanese taking over the sovereignty

,

whereupon aftersome period of debate by the counfry's leading citizens,

I

Taiwan-then~Formosa-became a colony of Japan. This Japanese persons who were deleg

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writt~n

-、

\

which, in fact, was the proposal. that was ulthnately intothe Constitution itself

,

was that

~Congressshall havepower to prombtethe progress of science and useful arts by securing for limited times to··· inventors the exclusive right to their..·· discoveries.

一 37 一

It should be noted that, though the delegates to the,

Consti-tutional Convention had varying ideas as jto the manner in which to bring about the encouragement of invention, the

r:

e was no difference whatever among them as to the desirability of that encouragement.Of that desirability they 'were all agreed; there was not even any debate as to that matter.

Here

,

too

,

there is a parallel. Your laws embody a similar provision as to the encouragementof invention.

How important the new nation

,

the United States

,

cpns-idered to be the task of encouraging invention may be gath-ered from the fact that a patent la

,r

was enacted, under the authority conferred upon itby; the new Constittition

,

by the very first Congress. Not onlythat

,

dut also the duty to administer that firstpatent law was entrusted to,a:patent

board constituted of thrEe of tIie highest officials of thRnew government: the,Secretary of ,State, the Secretary ofWai?

and the Attorney General. As further indication of th~ imp-ortance that was placed upon this task of encouraging inve-ntion, the patentsthe grant of which the patent board appr-oved, were signed by the President of the United States,

George W

a.

shington, and also by the Secretary ofStil,~e. It was also the duty of the highest court in the land

,

the United、

States Supreme Court, to pass finally, in an infringement suit

,

upon the validity of the patents that were thus·gr缸lt~d.

The first Secretary of State was a very famous ma,n, ;by

name of Thomas Jefferson. Betore assuming the office of the Secreta;ryship of State

,

hehad authored our Declaration of

I

Independence, and he had also served as our Ambassador .to

I~已

France during our Revolutionary. WaF' At;;a latertime,, he

hecame thethird President of the Yn~t~d States. But~e v{as considerablymore thanmereIy a statesman.He,was ope of a

group ofmen of so exceptional qu耳lifications that without them it .is doubtful whether the neV'?' nation, Gould hav:e

becOnle even l

a.

unched. Besides his statesmanship, he ,was

also a competent sQientist, a naturalist, and also eyenan inventor (though

,

like Benjamin Franklin

,

another e~trao.r4i,-- ,

nary person of that group, he refu.sed, to patent his

inventions).

It,was under -the guidance of this remarkable iIldividual,

、 Thonlas Je££erson;'the-refore

,

that the patent systemQf the

United States had itsheginnings.

It should be clearly understood

,

however

,

that

.J

e£f~rso,n

was decidedly not a monopolist. Qtlitethe contrary.His~aim, as was also that of his contemporaries,喻的, not:tO"enc()urage monopoly

,

but,toencollrageinvention.JI~ and theydid,not

,

however

,

regard'ii,patent for a true一 invention as

,

in any

proper sense of the term

,

a,Iilonopoly

,

And, ,so it hal!, many times since'beenlleld by theUnited States Supreme CQurt.A monopoly takes gway frop:1 t.he public what it haspreviously possessed. But 司n inventor does not take" away from the public anything that it had previouslypossessed.On the contr'ary, the true inventor gives thepubHcsomethingthat it had never previously possessed.

And thepatent grant is for a limited time only. at the end of which the public becomes elldowed with the rig,ht to use the invention freely forever thereafter, without restrict-ions of any kind whatsoever.

In Jefferson's own wor-!!s,

"Certainly an inventor ought tobe allowed a right to the benefit of his invention for some certa'in time.~

That ~certain time~ is necessary toenable the inventor to recoup the expenses that he was subjected to during his own

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.l.!jι 口太

』悼

主鼓的{于長孝

回 扒拉

expeHinentalion and developmerifor the inventiort,'to s

u.

s1iJ:i

:iJ.:

hini iIl hisun呵呵essftil experimentsaIongtheroute'to 甜cce-=­

ssfulinvEmtion, and"i:oencouragepersonswith capitalto invest in the invention, iri o'rderto exploit

i.t

commerciaily~' In the case of the United St

a.

tes, that certai~Iimitedtirrie is seie':'" nteenyeats from the date of the patent grant; and here‘ iiI

Taiw

-a

n, it is presentlyfi£teenyearsfrom、 the dateo! th6 paten tappl ication.

The purpose of the founding fathers of the Unite

d,

'States, in laying down this provision for encouraging invention, was decidedly not in oider to e

r1i-

'ichinverit6rs. It"was ather to enhancethepubTic gOod, inorder, using the langtiag起 oft'he Constitution" ~to promote the progress of science anduseful

arts.:~·Suchenrichment

,

Hany

,

as inventors may 、 happen to derive from their :pat'Emts 、 is nie~elyineidenta'l,‘the main object; .however, being' to·· enable the public to njoy the benefits of inventionswhichit otherwise would 'not Jiave:

Two of these benefits may be mentioned here: first, the inventions contribute to the prosperity of the· country; arid,

secon,dly, they provide advantages incoping with the enemy

in war. With respect to 'the fitst 6fthese two benefits; your iridustdes

,

at the preset time

,

are made camp己 titive with those'of othei'natioris by reason of low labortosts. Bymeans ofinventions, however, you may become enabJed to increase

)four payments to labor without sacrificing your competitive position. As to the second of

,

those two benefifs, it is sli££ic-'ient to invite attention to a pl'eddiction, on june 18th; 1943,

of the Na:tional Patent Planning Commis:5ion

,

appointedby

President Franklin D. Roosevelt of the United Sta'tes,'that

~the outcome of this war

,

more thanany' previous war;. will'depend UPOn

contiriuousrsuperiority in 'science and invention.+

How well this prophe~y was later f也filled! I

(未完下期賴于I])

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