[DEFEATED] Foreign Patent Recognition

[Mousebumples]

The latter half of a repeal and replace campaign for GAR #93, The General Patent Charter.

Foreign Patent Recognition
Category: Free Trade | Strength: Mild

Recognizing that many World Assembly member states use patents to encourage scientific and technological innovation,

Further recognizing that the effectiveness of patents is substantially reduced when other member states fail to recognize them,

Believing that the international recognition of patents will incentivize the creation of new inventions throughout all member states while providing inventors with a fair reward for their labours,

The General Assembly,

1. Defines "invention", for the purposes of this resolution, as a device, method, composition or process that is useful, novel and nonobvious, even to others skilled in the same field;
2. Further defines "patent", for the purposes of this resolution, as the set of exclusive rights granted to the creator of an invention, including the right:
   
   1. to use, manufacture, offer for sale and import or export the invention,
   2. to sell or license any of these rights to others,
   3. to seek an injunction and fair damages against any entity that infringes upon these rights, and
   4. to extinguish any of these rights;
3. Further defines "foreign patent", for the purposes of this resolution, as any patent granted by another member state;
4. Mandates that each member state recognize the exclusive rights associated with foreign patents for a minimum of twenty years after the date on which the patent was granted, or the period used by the member state that granted the patent;
5. Authorizes member states to create reasonable limitations and exceptions to the exclusive rights associated with certain foreign patents when:
   
   1. a substantially similar invention to the invention that is the subject of the foreign patent has been patented by a different inventor in a member state, and the date on which the substantially similar invention was first granted a patent by a member state is prior to the date on which the invention that is the subject of the foreign patent was first granted a patent by a member state,
   2. the invention that is the subject of the foreign patent is not currently being exploited in that member state, and the inventor has no good faith plans to exploit the invention in that member state in the near future,
   3. the member state in which the invention that is the subject of the foreign patent was first granted a patent did not release the relevant patent application in a timely manner, and
   4. such limitations and exceptions are necessary to enforce any additional reasonable and appropriate patent regulations created by that member state, including but not limited to regulations regarding the interpretation of clauses 1 and 2 of this resolution, so long as such regulations remain consistent with the object and purpose of this resolution;
6. Specifies that international intellectual property disputes, including but not limited to international disputes on copyrights, trademarks, or patents, constitute international trade disputes for the purposes of international law;
7. Clarifies that nothing in this resolution should be interpreted as requiring member nations to recognize any patents other than foreign patents, nor any patent in respect of an invention that is itself in violation of regulations unrelated to patent law, such as health and safety standards for manufactured goods;
8. Further clarifies that nothing in this resolution should be interpreted as limiting the World Assembly from further legislating on patents.

[Hakio]

The latter half of a repeal and replace campaign for GAR #93, The General Patent Charter.

Foreign Patent Recognition
Category: Free Trade | Strength: Mild

Recognizing that many World Assembly member states use patents to encourage scientific and technological innovation,

I don't recognize that. I think patents hamper creativity and gives corporations the right to own ideas.

Further recognizing that the effectiveness of patents is substantially reduced when other member states fail to recognize them,

We shouldn't be forced to recognize the claims of foreign industries in our own nation. Allowing this would mean nations could effectively own product ideas and restrict our markets.

Believing that the international recognition of patents will incentivize the creation of new inventions throughout all World Assembly member states while providing inventors with a fair reward for their labours,

It does the exact opposite; once we allow people to own ideas and words and force that ownership on other nations, no new improvements to these inventions can happen without the owner's approval.

The General Assembly,

1. Defines "invention", for the purposes of this resolution, as a device, method, composition or process that is novel and nonobvious, even to others skilled in the same field,

So streaking naked with chickens can be considered an invention to be owned?

Defines "patent", for the purposes of this resolution, as the set of exclusive rights granted to the creator of an invention, including the right:

1. to use, manufacture, offer for sale and import or export the invention,
2. to sell or license any of these rights to others,
3. to seek damages and injunction against any entity that infringes upon these rights, and
4. to extinguish any of these rights;

Stop giving foreign powers so much control over our markets.

Further defines "foreign patent", for the purposes of this resolution, as any patent that is recognized by the member state where the invention that is the subject of the patent was first conceived,

And how do you verify that they are the original person to conceive of the idea?

Mandates that each member state recognize the exclusive rights associated with foreign patents for a minimum of twenty years after the date on which a patent was granted for the invention;

No. That would not be good at all.

[Hakio]

Clarifies that nothing in this resolution should be interpreted as requiring member nations to recognize domestic patents.

So this resolution does nothing then? This entire thing has been mandatory explicit requirements of international patent acceptance and yet we can choose not to follow this? WA resolutions are not optional.

[Railana]

I don't recognize that. I think patents hamper creativity and gives corporations the right to own ideas...We shouldn't be forced to recognize the claims of foreign industries in our own nation. Allowing this would mean nations could effectively own product ideas and restrict our markets...It does the exact opposite; once we allow people to own ideas and words and force that ownership on other nations, no new improvements to these inventions can happen without the owner's approval...Stop giving foreign powers so much control over our markets.

Well, then, it's rather unfortunate for you that the World Assembly has a strong tradition of recognizing intellectual property rights, isn't it?

So streaking naked with chickens can be considered an invention to be owned?

Individual member states are permitted to determine what constitutes a patentable invention. I do not believe that such an invention would be considered "useful" or "nonobvious" by most member states.

And how do you verify that they are the original person to conceive of the idea?

As a general rule, member states permit the examination of prior art as a defense of or attack on a patent's validity.

Joseph Fulton
Chief Ambassador, Railanan Mission to the World Assembly

[The Dark Star Republic]

"Would Access to Life-Saving Drugs - extra pickle, no relish - have any consequences for this proposal?"

~ former Ambassador to the WA Inky Fungschlammer
Server, GnomeBurger

[Railana]

"Would Access to Life-Saving Drugs - extra pickle, no relish - have any consequences for this proposal?"

~ former Ambassador to the WA Inky Fungschlammer
Server, GnomeBurger

Probably not, per clause 5c of this proposal.

Joseph Fulton
Chief Ambassador, Railanan Mission to the World Assembly

[Railana]

((OOC: Bumping this.))

[Linux and the X]

Railana is an Auralian territory, isn't it?

[Railana]

Railana is an Auralian territory, isn't it?

Not exactly. Under the Compact of Free Association between Auralia and Railana, Railana agrees to represent Auralian interests in the World Assembly.

That said, can we focus debate on this resolution, rather than on the precise details of the relationship between Auralia and Railana?

Joseph Fulton
Chief Ambassador, Railanan Mission to the World Assembly

[Linux and the X]

Railana is an Auralian territory, isn't it?

Not exactly. Under the Compact of Free Association between Auralia and Railana, Railana agrees to represent Auralian interests in the World Assembly.

That said, can we focus debate on this resolution, rather than on the precise details of the relationship between Auralia and Railana?

Joseph Fulton
Chief Ambassador, Railanan Mission to the World Assembly

Certainly.

OPPOSED

[Jarish Inyo]

The government of Jarish Inyo do not recognize any patent. We will resist any attempt that forces us to do so.

[Sierra Lyricalia]

While the legitimacy of granting submarine patents [OOC: definition here, in case I've explained poorly] might (then again, it might not...) be the internal business of every nation's patent office, it's certainly not legitimate to expect every other member nation to recognize them. Before we could begin to support this replacement, there would need to be either a requirement that all patent applications be published or otherwise publicly available, or an exception to the recognition mandate, whereby it would not be mandatory for WA members to recognize patents obtained by confidential filing, if any infringement is alleged to have been committed or contemplated between the filing date and the grant date.

[Railana]

Certainly.

OPPOSED

The government of Jarish Inyo do not recognize any patent. We will resist any attempt that forces us to do so.

Feel free to vote against, in that case.

While the legitimacy of granting submarine patents [OOC: definition here, in case I've explained poorly] might (then again, it might not...) be the internal business of every nation's patent office, it's certainly not legitimate to expect every other member nation to recognize them. Before we could begin to support this replacement, there would need to be either a requirement that all patent applications be published or otherwise publicly available, or an exception to the recognition mandate, whereby it would not be mandatory for WA members to recognize patents obtained by confidential filing, if any infringement is alleged to have been committed or contemplated between the filing date and the grant date.

I believe such regulations would qualify under clause 5(c), but I'll add an additional provision just in case.

Joseph Fulton
Chief Ambassador, Railanan Ambassador to the World Assembly

[Louisistan]

"At first glance this seems to be reasonable. We will have a chat with our Ministry of Commerce and get back to you on this."

[Railana]

"At first glance this seems to be reasonable. We will have a chat with our Ministry of Commerce and get back to you on this."

Thank you for your (tentative) support.

Joseph Fulton
Chief Ambassador, Railanan Mission to the World Assembly

[Moronist Decisions]

Honestly, if not for the fact that it would compel nations to recognize patents even if they do not have domestic patents, I'd be supportive. I am also not in agreement with the rigid time length. I would prefer to see something where foreign patents are protected similarly to domestic patents.

[The Great Leap Forward]

The People's Republic tentatively supports the idea of international copyright harmonization. In line with current thinking, it is important for the purposes of trade and economic development that ideas be offered some protection. There are devilish nations that accuse the People's Republic of ignoring patent law and outright stealing ideas and designs to produce so-called "fake" or "pirate" products; this is a calumnious falsehood of mincing ludicrousness.

Saying this, we are concerned that there is no mechanism for arbitration included in this resolution. The People's Republic has no recourse to defend itself against those wrong-thinking and jealous nations that seek only to contain our peaceful rise by accusing us falsely of copying their patents and copyrights. Policy must take into account the peaceful settling of accounts after distinguishing truth from fact. Will the Railanan delegation consider including a mechanism for arbitration at the international level for disputes arising?

Du Zhidun
毒滞钝
Special People's Representative to the World Assembly
Commissioner for Leisure, Architecture, and Political Re-education

[Separatist Peoples]

Bell runs into the room stark naked and carrying Chuckie the goat over his head like some sort of bizarre trophy.

"Oh, man, you lot will never guess what just came up wi-"

An aide hastily intercepts the nude Bell with a transcript of the debate. The C.D.S.P. ambassador's expression shifts from excited to crestfallen, and he dejectedly tosses his goat aside, illiciting a reproachful bleat from the surprisingly tough Chuckie.

"God dammit, Sia...at any rate, I like the idea of requiring nations treat foreign parents similarly, if not identically, to national patents. This way there is no double standard to manipulate on either side, as nations cannot abuse foreign entities without likewise abusing their citizens, and foreign entities cannot take advantage of international law. Seems a win-win scenario."

Bell sits down at his desk in the debate hall with absolutely no outwards appearance of realizing his nudity, looking at Ambassador Fulton expectantly.

[Railana]

Honestly, if not for the fact that it would compel nations to recognize patents even if they do not have domestic patents, I'd be supportive.

"God dammit, Sia...at any rate, I like the idea of requiring nations treat foreign parents similarly, if not identically, to national patents. This way there is no double standard to manipulate on either side, as nations cannot abuse foreign entities without likewise abusing their citizens, and foreign entities cannot take advantage of international law. Seems a win-win scenario."

The aim of this proposal is to ensure that patent protection is granted throughout the World Assembly; allowing member nations to opt-out of the system by eliminating domestic patent laws wouldn't really be consistent with that goal.

I am also not in agreement with the rigid time length.

20 years is a minimum time length; nations can individually choose to recognize patents for a longer time period if they so choose.

Saying this, we are concerned that there is no mechanism for arbitration included in this resolution. The People's Republic has no recourse to defend itself against those wrong-thinking and jealous nations that seek only to contain our peaceful rise by accusing us falsely of copying their patents and copyrights. Policy must take into account the peaceful settling of accounts after distinguishing truth from fact. Will the Railanan delegation consider including a mechanism for arbitration at the international level for disputes arising?

Fortunately, there already is such a mechanism.

Joseph Fulton
Chief Ambassador, Railanan Mission to the World Assembly

[Araraukar]

carrying Chuckie the goat over his head

OOC: Is that the one that was supposed to eat the cactus?

[The Dark Star Republic]

Further defines "patent", for the purposes of this resolution, as the set of exclusive rights granted to the creator of an invention,
...
a substantially similar invention to the invention that is the subject of the foreign patent has been patented by a different inventor
...
the inventor has no good faith plans

"It probably doesn't make any difference to implementation, but you're mixing terms a bit here. Furthermore, neither 'creator' nor 'inventor' seems to cover a patent that is owned by a corporate entity rather than an individual."

~ Daisy Chinmusic
Legislative Intern

[Separatist Peoples]

The aim of this proposal is to ensure that patent protection is granted throughout the World Assembly; allowing member nations to opt-out of the system by eliminating domestic patent laws wouldn't really be consistent with that goal.

"I'm afraid I don't see why foreign patents deserve greater protection than domestic ones. I'd rather see a nation hold one uniform standard regardless of origin."

[The Dark Star Republic]

The aim of this proposal is to ensure that patent protection is granted throughout the World Assembly; allowing member nations to opt-out of the system by eliminating domestic patent laws wouldn't really be consistent with that goal.

"I'm afraid I don't see why foreign patents deserve greater protection than domestic ones. I'd rather see a nation hold one uniform standard regardless of origin."

"Why would any reasonable nation do that, though? They would still have to respect patents granted in other nations, and yet they would not be rewarding inventors in their own nation. It would make no sense as economic policy, and it would surely lead to massive brain drain given the WA has legalised the right of emigration. Without specifically endorsing this proposal, requiring foreign patent recognition is a means to accomplishing exactly what you've advocated for."

~ Daisy Chinmusic

[The Great Leap Forward]

Fortunately, there already is such a mechanism.

OOC: This may seem like a weird nit to pick, and while I realize that this is in the Free Trade category, do we automatically assume the WTC will be used to arbitrate issues of copyright and intellectual property? I.E. are patent disputes automatically considered an area of "international trade law?"

[Novus Niciae]

Since you are writing a replacement to the patent law there needs to be a clause to prevent patent trolling , this practice stifles innovation, research and the adoption of new technologies.

OOC: it is a thing https://en.wikipedia.org/wiki/Patent_troll