ELECTION OF DIRECT REPRESENTATIVES UPON GENERAL MEDICAL COUNCIL.
1392 root and
an equally well-known Greek suffix-was a masterof foresight and sagacity. The word so admirably describes the article to which it is applied that it springs naturally to the lips of the average person who wishes to buy compressed tablets ; yet the word has been held by the Court of Appeal to be a valid mark (L. J. Ch. (1904) 73, 474) and is private property for all time. The result is that there is a permanent quasi-rnonopoly in an article of commerce which The firm was at one time the common property of traders. which desired to monopolise the word I I hoematogenas a trade-mark for a blood-forming medicine was less fortunate, and the word, which had been used freely in medical literature before its registration as a trade-mark, was recently removed from the register (Rep. Pat. C. 1905, 22,
Court
subsequently to strike the patent from the Register. It may also be noted that in the view of a high authority (Terrell on Patents) a chemical substance is never the subject of a patent. It is only the process of manufacture which can properly be patented.
piece
47).
If
The Candidature of D1’. W, Bruce. Sir T. McCall Anderson last week presided over a meeting at Glasgow at which Dr. W. Bruce of Dingwall, the present Direct Representative of the medical profession for Scotland, announced his candidature for re-election. Dr. Bruce spoke particularly in favour of an attempt to obtain a larger measure of direct representation on the Council and of advancing the present methods of medical education and training. He held that the present regulations of the Council were framed on wrong lines in so far as they seemed to postpone till too late the study of clinical surgery and clinical medicine. He believed that after studying chemistry, biology, and anatomy for some two years at most, the student besides attending lectures on surgery and practice of medicine, should be taking his clinical surgery and clinical medicine, as was, indeed, done in some cases at present. Too much time and too much interest were taken in the purely scientific aspect of medical learning and far too little attention was bestowed on practical matters. He alluded also to the present position of the English medical officer of health as requiring improvement and insisted on the necessity of security of tenure for the hard-working Scottish Poor-law medical officer.
few among many which demonprivate rights in public property. Thus, 309 trade-marks for medicinal substances ’, It remains to deal with those were registered in 1905. inventions which are in fact new and are actually patented. In this case it might be thought that the original owner would be content with the monopoly which, by the patent laws, is rightfully his. 14 years would be regarded by most people as a reasonably long time during which the competition of other manufacturers should be warded off by the State. But the medicine manufacturer knows a more excellent way. He not only patents his process of manufacture but he also registers a trade-mark in Class 3 for articles to be used in medicine and pharmacy. From the very first he applies the trade-mark to the patented article, the proper chemical name for which would in many instances be impossibly cumbersome and technical. By skilful advertisement he creates a demand for his speciality and teaches the public, the medical profession, and the short-sighted portion of the pharmaceutical craft to use always the trade-mark name. The effect of this will be obvious. The patent lapses after 14 years. The trade-mark, on the other hand, is probably renewed ad infinitllln, and the result is that a The CandIdat1lre of D7-. H. Langley Browne. virtual monopoly is extended indefinitely. It is true that To the Editors of THE LANCET. the Courts of Chancery will prevent this if they are moved the annual meeting of the Birmingham to do so. "Where an article has been introduced as new SiRS,—At and has been first manufactured under a patent, the name by and District General Medical Practitioners’ Union it was which it is known becomes common property as soon as the unanimously decided to support the candidature of Dr. Henry expiration of patent rights puts an end to the monopoly in the Langley Browne for election as a Direct Representative on manufacture and sale of the article." (Kerly on Trade-Marks.) the General Medical Council, and in this district we all know This statement is based on several judgments of the court. well that he is specially fitted to represent the interests of "Linoleum"and "Magnoliaare examples of trade-marks general practitioners. Dr. Langley Browne has not only spent the whole of his which have been held to lapse simultaneously with the patents with which they were respectively associated. In professional life in general practice, but he has always taken Reddaway v. Barham (1886, A. C. 214) Lord Herschell the keenest interest in all matters affecting the welfare of stated the law succinctly as follows : "Where a patentee the profession. That he has enjoyed the confidence of his colattaches a particular name to the production he patents, leagues is sufficiently demonstrated by the numerous honours that name becomes common property as the name of the which have been conferred upon him. For several years he patented article. It possesses, indeed, no other name." In was chairman of the council of our union and afterwards our the Magnolia Metal case (1897, 2 Oh. 371) Rigby, L J., president. He has been President of the Birmingham Branch said : ’’ The manufacturer or patentee cannot by any means of the British Medical Association, President of the Midland entitle himself to a monopoly in the use, after the secret Medical Society, President of the Birmingham Medical process has been discovered or the term of the patent has Benevolent Society, and has served on the Council of the expired, of the name by which the manufactured article is Medical Defence Union. At the present time he is chairman exclusively known while the secret is undiscovered or the of the Council of the British Medical Association and term of the patent is unexpired." Representative of the Birmingham branch. We know him Unfortunately, it is not worth while for any one firm to to be a strong man with a definite policy and thoroughly incur the expense of moving the court, in order that the deserving of the cordial support of every medical pracYours faithfully, whole community may share in the benefits obtained. So, titioner. JAMES NEAL, as often as not, the monopoly persists and the public, of Nov. 12th, 1906. General Secretary. course, has to pay. No new phenomenon, truly, but surely a sufficiently serious matter to call for vigilant and united I Dr. Milson Rhodes’s Address. action on the part of those who are concerned, in the public interest and their own, to scotch, so far as may be, unearned LADIES AND GENTLEMEN,—In accepting the invitation monopolies, improper secrecy, and extortionate prices in the of the South Manchester division of the British Medical Association I was to a considerable extent influenced by drug trade. Before leaving the subject of patents and trade-marks it the fact that the whole of the North of England has only one may be well to mention that the Comptroller of Patents, Representative actively engaged in practice, though a very although compelled by the Act of 1902 to have the records large proportion of the practitioners of England are resident of his office searched for " novelty" when a patent is here in the north and are certainly entitled to more repre. applied for, has no statutory authority to refuse to grant a sentation than they have at the present time on the General patent solely on the ground of want of novelty Only the Medical Council. other day a patent was secured for the manufacture of In regard to the present unsatisfactory condition of the eserine sulphite by the action of sulphurous acid on a salt of general practitioner I believe it is largely due to the the alkaloid. This process is not only the one which would indiscriminate medical relief given by the so-called provident certainly be used by any chemist but has actually been dispensaries and medical charities; many of the recipients of several times described in print during the past 20 years or medical charity are well able to pay. The result of the But proprietary rights are cheerfully granted and if present system is not only disastrous to the profession but more. anyone desires to protest it is for him to move the High also demoralising to the recipients, and I am strongly of The
examples quoted
are a
strate the methods used to obtain
.
ELECTION OF DIRECT REPRESENTATIVES UPON THE GENERAL MEDICAL COUNCIL.
n
HYGIENE AND TEMPERANCE IN ELEMENTARY SCHOOLS.
1393
compelled to procure with the idea of geographical distribution of the Representaopening dispensaries, and also that tives. We notice that support is being asked for Dr. the account of all charities should be subject to audit, MacManus, Dr. Latimer, and Dr. Langley Browne on the basis of geographical distribution, but we would point as is the case in the State of New York, where, as in England, the matter had become a public scandal. As out that no application of this system which leaves out
opinion
a
that all charities should be
licence
previous
to
chairman of the Central Poor-law Conference for England and Wales I am thoroughly acquainted with the difficulties the medical officers of unions have to contend with, and I think I may claim that I have done as much as anyone to make their lot more comfortable. If the Irish Poor law Commissioners’ report is any guide to what the English Commissioners’ report will be it behoves all those who are interested in such appointments to look after their own interests and take care that changes are not made which will not be to the interests of the profession. As an alderman of the County Palatine and member of the Asylums Board I have been of use to the medical authorities of the asylums as being able to put before the public the medical side of questions that have come up for discussion. A quarter of a century of public life has made me only too well acquainted with the difficulties of obtaining reforms and I am well aware of the obstacles that are put in the path of the General Medical Council, and therefore all I can promise is that if you do me the honour to elect me I will do my best to promote the real interests of the medical profession. I am, Ladies and Gentlemen, yours faithfully, JNO. MILSON RHODES, J.P. Ivy Lodge, Didsbury, Nov. 7th, 1906
of account all the country north of
Birmingham
can
be
acceptable. Mr. Morison is working in hearty cooperation with Dr. Langley Browne, whose claims on the profession are very great, and taking the personal claims of all the candidates into consideration, along with their geographical distri’bution, we of this branch have decided to cordially support him
and Dr. MacManus. We commend this selection to the profession in other parts of the country. We are, Sirs, yours faithfully, J. H. HUNTER, HENRY Nov.
12th, 1906.
SMURTHWAITE,
North of England Branch British Medical Association.
Honorary Secretaries,
The Candidature of Mr. G. H. Broadbent. At a quarterly meeting of the Medical Guild, Manchester, the following resolution was unanimously carried :That this meeting warmly supports the candidature of Dr G II. Broadbent at the forthcoming election to the General Medical CommitI and trusts that practitioners will do all in their power to secure his election. This meeting also entirely endorses the sentiments expressed and claims put forward by Dr. Broadbent in his address, and is confident that the interests of the profession may be well intrusted to his care.
3%e Candidature of Mr. J. RI/therfm’d Morison. To the Editors of THE LANCET. Mr. Broadbent was nominated originally by the North Division of the British Medical Asscciation and Manchester SIRB,-L9st week the Northumberland and Durham committees of the North of England Branch of the British his committee appeal in his behalf on the following among Medical Association (which manage all affairs locally con- other grounds:1. That he has been engaged in general practice for nected with contract practice) met to consider the forthand his knowledge of medicocoming election and decided unanimously to nominate and upwards of 25 years is such as to make him a desirable subjects Mr. political J. Rutherford illorison and for the support following
representative.
reasons.
1. This
of the country is under a deep debt of gratitude to Mr. Morison. Although he has taken no part in the general medical politics he has given a great deal of time, energy, and money to local work in connexion with contract practice and general protection of the interests of the profession. IL is fairly well known that for the last six years we have been going through a stern fight with the miners for better remuneration and terms of employment, and it is very largely due to Mr. Morison’s energy and personality that we are to-day in a very favourable position, having won nearly all along the line. We desire to put this energy and strong personality to a wider use, and we believe that in inducing Mr. Morison to become a candidate we are doing the profession a good service. To the foolish theory that none but a general practitioner can represent an electorate which comprises all kinds of practitioners we are content to reply that although we have some general practitioners hereabouts who would have made excellent candidates Mr. Morison, consultant as he is, is a deliberate choice of the general practitioners of this district, and we think we know our business very well. 2. We believe the General Medical Council would be strengthened by the election of a man thoroughly conversant with the difficulties of contract practice and with the modern methods of dealing with them. Mr. Morison is a specialist in this department. Not only did he for a good many years personally engage in contract work in a large way, but as chairman of our Northumberland Committee and of the Northumberland and Newcastle Medical Union which preceded it he has made it his business to understand it from top to bottom. We believe there is no candidate before the profession who on this ground has so strong a claim on our votes. 3. His personality and professional position are such as will, we believe, impress the General Medical Council with the wisdom of our choice if he is elected. To those who do not know him we may say that he is willing to address meetings at a few of the largest centres if invited. We must ask those of our colleagues who may be unable to make his personal acquaintance to take the word of this branch of the British Medical Association as to his eminent
part
suitability. 4. We are of opinion that for geographical reasons the north country is entitled to furnish one of the Representatives. Other things being equal, we are in hearty sympathy
2. That he has had special experience in medical politics as a member of the central ethical committee, a representative at the annual representative meetings since their inception, a member of the Lancashire and Cheshire branch council, ex-president of the Incorporated Medical Practitioners’ Association, and a member of the council of the Medical Guild since it began 14 years ago. 3. That he is opposed to provident dispensaries and disapproves of the profession undertaking any new contract work and has always insisted on a wage-limit in all contract work. On these grounds his committee confidently appeal to general practitioners all over England for their support and vote for Mr. Broadbent at the ensuing election. A notice to this effect has been published, signed by J. H. Taylor, M A., M.B. (Hon. Sec., Medical Guild and Salford Division B.M.A., Holly House, 299, Eccles New road, Salford); and R. G. McGowan, M.D. (Hon. Sec., North Manchester Division B.M.A., 1, Thomas-street, Cheetham
Hill, Manchester.)
HYGIENE AND TEMPERANCE ELEMENTARY SCHOOLS.
IN
MR. BIRRELL, the President of the Board of Education, received on Nov. 12th, at the office of the Board, a deputation to consider a memorandum on the teaching of hygiene and temperance in elementary schools presented by the committee of the medical profession formed in 1903 for the furtherance of the teaching of hygiene and temperance, by the British Medical Association, and by the Advisory Board for the Teaching of Hygiene and Temperance. The deputation was introduced by Sir THOMAS BARLOW who said that the three chief points in the memorandum presented to Mr. Birrell were : first, the recasting of the general science teaching, so that the principles of hygiene and temperance could be embodied in the curriculum without constituting a new subject; secondly, the teaching of hygiene and temperance in all training colleges and to all student teachers ; and, thirdly, the inclusion of hygiene