[DEFEATED] Foreign Patent Recognition

[The Dark Star Republic]

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.

"The resolution as written permits nations to create 'reasonable limitations and exceptions' when: 'the inventor has no good faith plans to exploit the invention in that member state in the near future'. Given that patent trolls typically do not have such plans, the proposal clearly offers nations the prerogative to deal with patent trolling on a national level."

~ Daisy Chinmusic
Legislative Intern

[Hirota]

My government, as part of it's regular review of likely future legislation, noted that this proposal would grant us a significant advantage in advancing Hirotan economic interests - Hirota ranks amongst the top 5% of most scientifically advanced nations, and top 5% smartest citizens and thus can be reasonably confident of significant profit as a result of our continuing inovation and subsequent patents. On that basis, my government is inclined to support.

[Hakio]

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?

6. Clarifies that member nations are not required by this resolution to recognize the copyright of a work of domestic origin, nor the copyright of a work in violation of general restrictions on freedom of expression;

Our country interprets copyright laws as restrictive of freedom of expression and thus do not recognize them.

4. Authorizes member nations to create reasonable limitations and exceptions to foreign copyrights, but only when such limitations and exceptions are clearly in the public interest and do not adversely impact the ability of a rightsholder to reasonably profit from any normal use of their work;

It's clearly in the public interest according to Hakii polls, that all intellectual property and ideas be allowed to be shared and transmitted freely without adverse legal effects. Enough people still support the original creators due to our regulations and thus it does not adversely impact the author of said property.

ASSURES that nothing in this resolution will affect the right of member countries to accept/reject patent applications or allow/disallow patent renewals after expiration.

Self explanatory. If you kind find loopholes so can we.

[Hakio]

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."

"For once we stand with the dirty, dirty, National Sovereigntists. There is nothing about foreign patents that makes them needed to be treated differently than domestic ones," Sia Hedishi argues before snorting cocaine off of the draft in question. "Ah shit! Wooh! ...Furthermore, in post Confederate Hakio ideas are open to the public and foreign patents are only recognized with large brand names. We do not recognize any patent that in any way attempts to own an idea for a product or feature in that product. Have a horrible day, sir."

[The Dark Star Republic]

We do not recognize any patent that in any way attempts to own an idea for a product or feature in that product.

OOC: All of which makes it slightly surprising that you're voting against a repeal of a resolution that forces you to recognise patents.

[Separatist Peoples]

Bell marches over to Ambassador Hedishi and grabs her by the back of her jacket. Whirling like a dervish to pack on extra force, he hurls her through the open window an into the Vastivan Memorial Reflecting Pool, stumbling a bit on the follow-through. His interns (and Chuckie) hold up signs, reading 7, 7.5, and 5, respectively, with Chuckie earning a dirty look from the C.D.S.P. ambassador for the 5.

"That's for calling me dirty, you damn dirty IntFed!" he shouted out the window.

"Er, upon further review after the Dark Star Republic's comment, I'd like to switch our objections to a meek abstention."

[Railana]

6. Clarifies that member nations are not required by this resolution to recognize the copyright of a work of domestic origin, nor the copyright of a work in violation of general restrictions on freedom of expression;

Our country interprets copyright laws as restrictive of freedom of expression and thus do not recognize them.

FCR permits you to refrain from recognizing the copyright of a work if that work is already in violation of restrictions on freedom of expression; in other words, if that work is already illegal. If you aren't recognizing copyright at all, then that means that all literary and artistic works in your country are prohibited!

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?"

((OOC: In real life, IP and international trade are closely related. I think I'm making a safe assumption.))

Joseph Fulton
Chief Ambassador, Railanan Mission to the World Assembly

[The Great Leap Forward]

OOC: Thanks, in that case I'd recommend you add at least a token "arbitration disputes will be moderated by the WTC" or some such line to be even safer. Unless, of course, future legislation on patent arbitration isn't precluded.

[Discoveria]

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 that is recognized 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 a patent was first granted for the invention by a member state; Loophole: State A grants a patent. State B recognises the patent granted by State A. State A invalidates said patent after 1 year. State B is now committed to recognition of the patent granted by State A for another 19 years even though that patent has been invalidated in State A.
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 goals of this resolution;
   The goals of this resolution have not been stated anywhere.
6. Clarifies that nothing in this resolution should be interpreted as requiring member nations to recognize any patents other than foreign patents;
7. Further clarifies that nothing in this resolution should be interpreted as limiting the World Assembly from further legislating on patents.

[Hakio]

We do not recognize any patent that in any way attempts to own an idea for a product or feature in that product.

OOC: All of which makes it slightly surprising that you're voting against a repeal of a resolution that forces you to recognise patents.

OOC: That's because it's being proposed by Auralia. Some vendettas never die.

[The Dark Star Republic]

OOC: That's pathetic.

Back to something more useful, I agree that it's reasonable to assume Resolving Trade Disputes gives the WTC authority to arbitrate IP disputes.

[Railana]

OOC: Thanks, in that case I'd recommend you add at least a token "arbitration disputes will be moderated by the WTC" or some such line to be even safer. Unless, of course, future legislation on patent arbitration isn't precluded.

I've added a clause that clarifies that international IP disputes are international trade disputes, making them subject to Resolving WA Trade Disputes.

Loophole: State A grants a patent. State B recognises the patent granted by State A. State A invalidates said patent after 1 year. State B is now committed to recognition of the patent granted by State A for another 19 years even though that patent has been invalidated in State A.

If State A revoked the patent because it was deficient in some form - for instance, if the invention was not truly novel due to the discovery of prior art - then State B is free to revoke the foreign patent for failing to meet the basic definition of a "patent" under clause 2 of the proposal.

The goals of this resolution have not been stated anywhere.

The goals of the proposal are made quite clear by the preamble, I should think, even if they are not explicitly stated as such. However, I'll replace "goals" with the broader term "object and purpose" to be safe.

Joseph Fulton
Chief Ambassador, Railanan Mission to the World Assembly

[Betoveria]

Eugene V. Danson III gets up from his chair, speaks but one word, "Against." takes a sip from his cup of Stone Creek Coffee(Cream City Blend), nods his head and continues, "yep, definitely against. I'll be in the cafe reading R.A. Salvatore if anyone needs me. I doubt you will, seeing as you know my vote, but I'm only offering it." After saying this, he strides out the Main Door, just as a leggy brunette passes in a dress skirt-and-suit-coat combo. "You're Robin from Stenography, right? How bout a cup?" Their conversation trails off as they walk down the hall, away from the Assembly Hall.

[Separatist Peoples]

Eugene V. Danson III gets up from his chair, speaks but one word, "Against." takes a sip from his cup of Stone Creek Coffee(Cream City Blend), nods his head and continues, "yep, definitely against. I'll be in the cafe reading R.A. Salvatore if anyone needs me. I doubt you will, seeing as you know my vote, but I'm only offering it."

"Well then. That was highly persuasive and incredibly illuminating of him, wouldn't you say, Chuckie?" Bell accidentally mutters into the mic, voice oozing with sarcasm.

[Pommern Samoa]

20 years seems far too long, in a day and age where any most inventions will be completely obsolete by that time. This draft more importantly does not include any clause with regards to avoiding monopolization or patent trolling. Any patent laws must have a fair use clause in which the patent holder is required to license his patent for a fair and reasonable payment if not licensing such would leave said corporation as a monopoly.

[Sierra Lyricalia]

20 years seems far too long, in a day and age where any most inventions will be completely obsolete by that time. This draft more importantly does not include any clause with regards to avoiding monopolization or patent trolling. Any patent laws must have a fair use clause in which the patent holder is required to license his patent for a fair and reasonable payment if not licensing such would leave said corporation as a monopoly.

5b and 5c ought to cover most forms of patent trolling even if they don't happen to call it by that particular name; and the entire point of patents is to finance innovation by allowing temporary monopolies. So the one criticism that remains is that 20 years is too long a term. That may be true (or it may not). I'm not an expert in the intersection of economics and IP law; if you've got more detailed criticisms on that front, I'm sure we'd all find it helpful for you to give them.

5. Authorizes member states to create reasonable limitations and exceptions to the exclusive rights associated with certain foreign patents when:
...
d. 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;

For the possibility that some nations might need reassurance in one particular area: We interpret clause 5d to allow our current regime on genetic patents to endure unaltered: roughly, patents on genes or genetic information are invalid except where there's been a synthesis or some other process that is transformative. For example, you can't just sequence some naturally-occurring piece of DNA, isolate some gene, and patent it. Bob from Milwaukee's rare immune system mutation that makes white blood cells eat cancer isn't a piece of programming that an engineer dreamed up, but a previously invisible constellation (there to be discovered). But if you splice it into something else entirely, resulting in new phenotypic effects, the new combined gene is patentable. Nobody can patent the gene sequence (or part thereof) of a particular flower, or the pieces of information that make jellyfish glow in the dark; but if you make the flower glow in the dark, it's yours.

These distinctions allow useful genetic research to be patent-protected, but rule out exploitation based on the mere fact of expertise in gene sequencing (which squelches such research); and thus we assert they are in line with the letter of 5d and the spirit of clause 1.

[Neu-Pommern]

I suppose the most important question from our perspective is such: will we be able to keep our current laws, that require patent holders to offer fair patent licenses to almost any patent upon reasonable request.

Edit: OOC: Pommern Samoa is my WA puppet and I meant to post from that account... Too lazy to fix

[Frustrated Franciscans]

My only problem is with this.

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 first granted for the invention by a member state;

Here is my problem. If you think about this, the resolution isn't about "my" patents, but about me respecting "your" patents. If your nation only gives 5 year patents, why should I have a minimum greater than your patent. It should, instead be of the duration of the original nation of issue's patent, perhaps subject to a maximum (not a minimum) at which I no longer need to respect YOUR patent. Thus in once sense there should be no reason to have a number of years, unless that is to suggest a maximum.

Mandates that each member state recognize the exclusive rights associated with foreign patents as long as that patent remains in effect in the member state which originated the patent or a maximum of twenty years after the date on which a patent was first granted;

[Railana]

If your nation only gives 5 year patents, why should I have a minimum greater than your patent. It should, instead be of the duration of the original nation of issue's patent, perhaps subject to a maximum (not a minimum) at which I no longer need to respect YOUR patent.

This is a very reasonable concern. The approach you have described is referred to as "the rule of the shorter term" within copyright law. It's actually present within Foreign Copyright as well:

Mandates that all member nations recognize foreign copyrights for, at minimum, twenty years after the date of creation or publication of the work, or the period used by the member nation of origin of the copyrighted work;

I'll make an appropriate change.

Joseph Fulton
Chief Ambassador, Railanan Mission to the World Assembly

[Linux and the X]

I'll make an appropriate change.

A more appropriate change would be to simply require foreign patents to be treated the same as domestics.

[Railana]

I'll make an appropriate change.

A more appropriate change would be to simply require foreign patents to be treated the same as domestics.

That's not consistent with the intent of the proposal, though, which is to require member nations to recognize patents granted by other member nations.

Joseph Fulton
Chief Ambassador, Railanan Mission to the World Assembly

[Linux and the X]

A more appropriate change would be to simply require foreign patents to be treated the same as domestics.

That's not consistent with the intent of the proposal, though, which is to require member nations to recognize patents granted by other member nations.

Joseph Fulton
Chief Ambassador, Railanan Mission to the World Assembly

And why, exactly, should member states be required to recognise foreign patents?

[Railana]

((OOC: Bumping this.))

[Old Hope]

This is NOT free trade.

[The Dark Star Republic]

This is NOT free trade.

OOC: With one exception, every single IP proposal in the UN/WA has been passed under Free Trade.