patents and copyrights, will also frequently be protected by injunction, on the ground that there is no complete remedy at law, or power of restraining future infringements. With respect both to patents and copyrights, when the legal title appears on the record, and has been either directly established by decision or by uninterrupted usage and possession, the injunction will generally be granted at once; but in other cases, if the title is denied, equity will generally require it to be first established at law, retaining the bill in the interval, and obliging the defendant to keep an account of his dealings and profits respecting the matter in question; even after the expiration of a patent, the sale of articles manufactured during the continuance, and in violation of the patent, will be restrained: (Dan. Ch. Pr. 1510; Sto. 930 to 934.) A patent to be good, must be of something new and useful, and must be fully and fairly described in the specification, and not claim too much; it may be either of a new thing altogether, or only of an addition, and the fact that it is an addition to an existing patent is immaterial: (7 Byth. Conv. 481; and as to obtaining patents, see 5 & 6 Will. 4, c. 83.)

The Courts of Common Law have power under the Patent Law Amendment Act (15 & 16 Vict. c. 83, s. 42), in an action for the infringement of a patent to make an order for an injunction, inspection, and account. In Howard v. Brown, 20 L. T. 222, 236, an injunction to restrain the defendant from using plaintiff's patent, and also an account from the date of the writ were granted. See also Holland v. Fox, 23 L. J. 211; 23 L. T. 230, S. C. on another motion.

With respect to copyright where the work is of a clearly irreligious, immoral, libellous, or obscene character, or has been published as a translation of some eminent writer when it is not, equity will afford no relief. Frequently there is considerable difficulty in saying whether there is a piracy or not, for it is allowable to make a bona fide extract, quotation or abridgment, or a bona fide use of common materials in the composition of another book, and, in fact, the majority of

books are compiled by gleaning from other works on the same subjects; and abridgments when fairly and properly made, really constitute new works. An unfair or fraudulent use however of another's labours must not be made, and the court will either take upon itself, or refer to the master, the examination of the original work and the one alleged to be pirated. Where the piracy is very small, no injunction will be granted; but if it extends to any considerable portion of the work, an injunction will be granted against the particular portions of the work which are thus objectionable, or if they cannot be separated, against the whole work: (Dan. Ch. Pr. 1511 to 1514; Sto. 935, 936.) It seems now determined that a foreign author, or his assigns, can have a copyright in this country, provided the work has been first published here, and such foreigner's country is at peace with ours: (Boosey v. Jefferys, 20 L. J. Ex., 354.) (a) By the international copyright act (7 Vict. c. 12), the Queen by order in council may direct that authors of works first published abroad, shall have a copyright therein within any of her dominions for such period as she considers proper, not exceeding the usual time of copyright in this kingdom. And a convention has lately been concluded between this country and France, respecting the works of the respective nations, which has been partially carried into effect by an order under the above act, and will also probably be further authorized by an act now before the legislature.

The 5 & 6 Vict. c. 45, is now the principal copyright act, and by its third section the copyright as to books and writings published since the 1st July, 1842, if so published in the author's lifetime, is for his life and seven years, or forty-two years, whichever is the longest; and if published after the author's death, then for forty-two years; the fourth section applies to publications before the 1st July, 1842. Proprietors

(a) Reversed in the House of Lords, and held, that a foreigner resident abroad at the time of publication in England has no copyright here: (Jefferys v. Boosey, 23 L. T. Rep. 275.)

of Cyclopædias are given a copyright of twenty-eight years in articles published therein, and the remaining period of regular copyright is given to authors: (s. 18.)

Provisions are made as to lectures by 5 & 6 Will. 4, c. 64; as to dramatic and musical pieces by 3 & 4 Will. 4, c. 15, and 5 & 6 Vict. c. 45, s. 21; as to prints and engravings by 8 Geo. 2, c. 13; 7 Geo. 3, c. 38; 17 Geo. 3, c. 57, and 6 & 7 Will. 4, c. 59, giving a twenty-eight years' copyright; as to designs by 5 & 6 Vict. c. 100, giving a right, according to the kind, of three years, twelve calendar months, and nine calendar months (see also 6 & 7 Vict. c. 65; 13 & 14 Vict. c. 104); and as to sculptures and casts, by 38 Geo. 3, c. 71, and 54 Geo. 3, c. 56, giving a right for fourteen years, and if alive at the end of such period, a further period of fourteen years. The late statutes

of 8 & 9 Vict. c. 93, and 10 & 11 Vict. c. 95, as to the importation of works and their protection in the colonies, and of 14 & 15 Vict. c. 8, as to inventions placed in the Exhibition of the Works of Industry of all Nations, may also here be noticed.

The infringement of trade marks, if the legal title is clear or has been determined, will be stayed by injunction, and one will be granted against the use of that which has been obtained surreptitiously, or in breach of confidence or good faith; thus a late partner was restrained from compounding and selling a medicine (though unpatented), and using the secrets of a firm, the knowledge whereof such partner had obtained surreptitiously and in breach of confidence and good faith (20 L. J. 513, Eq.)

The principle on which the court interferes in such cases, was laid down by Lord Langdale, thus: "No man has a right to sell his own goods as the goods of another. You may express the same principle in a different form and say, that no man has a right to dress himself in colours, or adopt and bear symbols, to which he has no peculiar or exclusive right, and thereby personate another person, for the purpose of inducing the

public to suppose, either that he is that other person, or that he is connected with and selling the manufacture of such other person, while he is really selling his own. It is perfectly manifest that to do these things is to commit a fraud, a very gross fraud. The right of any person to the protection of this court is to be protected against such fraud :" (Croft v. Day, 7 Beav. 84.) See also Burgess v. Burgess, 22 L. J. 675, Ch. But if a party gives such a title to his articles as misleads the public, e. g. calling an article a patented one when it is not, or represents the manufacture as that of a particular person when no such person exists, an injunction will not be granted: (Pidding v. How, 8 Sim. 477 ; Flavell v. Harrison, 22 L. J. 866, Ch.)

The publication of manuscript treatises or private letters, whether, it seems, of a literary character or not, if attempted to be published without the author's consent, will also be restrained by injunction. The writer of a letter has a joint property in it, with the person to whom it is addressed, and the receiver has only a qualified property; it is a gift to him for the purpose of reading, and sometimes also for keeping; but ultra the purposes for which it is sent, the property of the letter remains in the sender, and it cannot be published without his consent: (Dan. Ch. Pr. 1515, 1516; Sto. 944 to 948.)

Injunctions are also sometimes granted to prevent the setting up of a title, which may prevent the fair trial of a right at law, as that of a term of years or other interest in a trustee, mortgagee, or lessee (Mad. 220); also to prevent a presentation or institution to a living, to protect a chattel till the right to its ownership is tried, to stay the dissolution of certain partnerships, to restrain a partner from accepting and signing notes and bills in the name of the partnership, to restrain a partner from disposing of the joint-stock after the decase of his co-partner, to prevent an attorney from leaving his client and acting for the opposite party, to restrain parties from improperly dealing with property in their hands, and in many other cases:

(Mad. 222, et seq.) Equity also frequently carries out its own orders and decrees by enjoining parties to quit, deliver up, or continue the possession of property, and by following up such injunction by a writ of assistance: (Sto. 958.)

Injunctions will also be granted to compel the due observance of personal covenants, where there is no effectual remedy at law. Where certain persons owning a house in the neighbourhood of a church entered into an agreement to erect a cupola and clock in consideration that the bell should not be rung at 5 a.m. to their disturbance, the agreement being violated, an injunction was granted to prevent the bell being rung at that hour. So a dramatic author was restrained from writing plays for another theatre, contrary to his covenant (Story Eq. Jur. s. 958.) And assignees of land were restrained from building contrary to the covenant of their assignors, of which they had notice : (Cole v. Sims, 23 L. J. 37, Ch.; Tulk v. Moxhay, 11 Beav. 571.)

No injunction will be granted whenever it will operate oppressively, or inequitably, or contrary to the real justice of the case, or where it is not the fit and appropriate mode of redress under all the circumstances of the case, or where it will or may work an immediate mischief, or fatal injury. Thus, for example, no injunction will be granted to restrain a nuisance, by the erection of a building, where the erection has been acquiesced in, or encouraged by the party seeking the relief. So it will not be granted in cases of gross laches, or delay by the party seeking the relief in enforcing his rights, as for example, where in case of a patent, or a copyright, the patentee has lain by and allowed the violation to go on for a long time without objection or seeking redress. On the other hand, a covenant may be of such a nature, as ought not in equity to be specifically enforced by an injunction, in consideration of the unreasonable and inconvenient consequences which may ensue therefrom. Thus where it was covenanted by the lessee of an inn that he would