[PASSED] Foreign Patent Recognition

[Frisbeeteria]

My second attempt at the latter half of a repeal and replace campaign for GAR #93, The General Patent Charter. Changes from last time:

• Minimum period of patent protection reduced from twenty to ten years
• Added new clause encouraging member nations to provide longer patent protection to pharmaceuticals and the like
• Clarified some of the language in clause 4

Foreign Patent Recognition
Category: Free Trade | Strength: Mild

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

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 the lesser of the following: ten years after the date on which the patent was granted, or the period used by the member state that granted the patent;
5. Encourages member states to extend patent terms for inventions which are subject to lengthy regulatory approval processes and other delays that reduce the effective period of protection for such inventions, such as pharmaceuticals;
6. 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;
7. 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;
8. 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;
9. Further clarifies that nothing in this resolution should be interpreted as limiting the World Assembly from further legislating on patents.

[The Dark Star Republic]

OOC: Do you really think making changes is going to have any effect? It seems reasonably apparent that the primary motivation in voting against was to spite you personally. I think you're being naive in thinking that critics of your last proposal have anything of substance to contribute this time around.

[Ainocra]

I am not fond of the idea, but it did garner wide support among my constituents. Should this come up for approval before my term ends I would approve it.

[Defwa]

OOC: Do you really think making changes is going to have any effect? It seems reasonably apparent that the primary motivation in voting against was to spite you personally. I think you're being naive in thinking that critics of your last proposal have anything of substance to contribute this time around.

OOC: There were more than a fair number of people doing it based on patents having negative effects on invention. For a world as large as NS some unorthodox thinking needs to be employed

[The Dark Star Republic]

OOC: That fair number was in the minority. A majority of WA voters supported the resolution; it was the big delegates whodunnit.

[Defwa]

OOC: That fair number was in the minority. A majority of WA voters supported the resolution; it was the big delegates whodunnit.

OOC: Are there any big delegates who aren't democratic in their votes?
I know from experience there's a bit of corruption up there but I'm not aware of any voting against the apparent (if not apathetic) will of their constituents

[Separatist Peoples]

OOC: That fair number was in the minority. A majority of WA voters supported the resolution; it was the big delegates whodunnit.

OOC: Are there any big delegates who aren't democratic in their votes?
I know from experience there's a bit of corruption up there but I'm not aware of any voting against the apparent (if not apathetic) will of their constituents

OOC: during voting on RoS, I pestered a fair number of delegates, one a feeder delegate, to switch their votes based on their own regional percentages. To think back on it, I don't think any of those telegrams was heeded...so it definitely happens.

[The Dark Star Republic]

OOC: That fair number was in the minority. A majority of WA voters supported the resolution; it was the big delegates whodunnit.

OOC: Are there any big delegates who aren't democratic in their votes?

Most of them aren't. Which has nothing to do with my original point.

Anyway, sorry, this threadjack is my fault, so let me argue: FCR uses a length of 20 years for copyrights. FTR uses 20 years for trademarks. It appears the WA is standardising IP law to 20 years. So why should patents be any different?

[Railana]

FTR uses 20 years for trademarks.

((OOC: Actually, FTR has no time limits, since trademarks don't expire IRL.))

[The Dark Star Republic]

FTR uses 20 years for trademarks.

((OOC: Actually, FTR has no time limits, since trademarks don't expire IRL.))

OOC: They expire when they're no longer actively maintained.

But, you're right, my mistake.

[The Union of Tentacles and Grapes]

2a needs the import/export licensing requirement removed. A shipping monopoly results in nothing but trouble, and the language is too inclusive. Someone taking a vacation across borders of WA members would be guilty of international patent infringement and smuggling if they had a patented model of phone.
Clause 5 needs to be changed to a requirement for pharmaceuticals. The Union won't wait on any entity even an hour to begin research on promising new medicines.

[Divitaen]

Our nation will always vote in favour of any attempt to make patent laws international and protect the property rights of multinational companies from government-sanctioned robbery. However, our Foreign Affairs Ministry would like to point out that the Resolution failed before, and therefore there is little chance of it passing now.

[Mousebumples]

For those - like me - that were wondering what the difference is between the first attempt and this one, it seems to be these clauses:

4. Mandates that each member state recognize the exclusive rights associated with foreign patents for the lesser of the following: five years after the date on which the patent was granted, or the period used by the member state that granted the patent;

5. Encourages member states to extend patent terms for inventions which are subject to lengthy regulatory approval processes and other delays that reduce the effective period of protection for such inventions, such as pharmaceuticals;

We appreciate the willingness of the Auralian (Railanan?) delegation to listen to critiques made during the At Vote period, and we look forward to seeing how this drafting process progresses.

[Railana]

((OOC: Bump.))

[Tinfect]

Mandates that each member state recognize the exclusive rights associated with foreign patents for the lesser of the following: ten years after the date on which the patent was granted, or the period used by the member state that granted the patent;

"Lets not. I don't think that Saar would appreciate the Patent-Wars this would start due to upstart companies thinking they can seek Reparations from the Imperium because the Plasma Vent on the T130-A Plasma Cannon looks a bit like the one they built 6 years ago and have been sitting on ever since."

Encourages member states to extend patent terms for inventions which are subject to lengthy regulatory approval processes and other delays that reduce the effective period of protection for such inventions, such as pharmaceuticals;

"... Are you serious? You are asking that we take life-saving medical treatment away from our Citizens, because some Corporate Entity put there name on a particular form of Medication? No. Absolutely not."

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,

"And what if this Member State does not recognize any form of Patent? Are we to just submit to the corporate insanity of far off nations?"

"The Imperium rejects the idea that Patents are the primary driver of innovation, as Technological Advancement in the Imperium is done for the Betterment of the Imperium and all Citizens thereof. We will not allow any Non-Government Entity, Corporate, or otherwise to claim ownership of Imperium Developed and Manufactured Technology simply because they "Invented" something that looks a bit like it."

OOC:
Why are you bumping this? It seems to have already passed, despite being an abomination in every sense of the term.

http://www.nationstates.net/page=WA_pas ... ?start=231

[The Dark Star Republic]

Why are you bumping this? It seems to have already passed, despite being an abomination in every sense of the term.

http://www.nationstates.net/page=WA_pas ... ?start=231

That's a resolution about copyright, Einstein.

[Tinfect]

Why are you bumping this? It seems to have already passed, despite being an abomination in every sense of the term.

http://www.nationstates.net/page=WA_pas ... ?start=231

That's a resolution about copyright, Einstein.

Well, now I feel stupid.
But this proposal is still ridiculous.

[Imperium Anglorum]

Nations should had the right to nationalise their industries. That nationalisation implies the transfer requires the assertion of authority over patents and intellectual properties registered and held in the nation preforming that nationalisation. This would severely affect the nationalisation of industries by such things as a Communist state and hence, prevent them from preforming a large part of their manifesto.

OOC: Furthermore, the lack of consideration of patent invalidation by wartime disputes is unaddressed. For example, the reason why Aspirin was suddenly genericised in 1914 was because of the ongoing war with Germany. Bayer, a german company, held the patent — and the government voided its patents.

IC: Philosophically, patents are granted by the government to incentivise the development of new technologies. It should be up to the governments of nations to define the extent of those patents and the extent of that incentive. There is no bill which mandates that all nations subsidise their [x] industry — that would be ridiculous — it is the same issue here.

OOC: Other than the philosophical grounding of the paper, I rather like it (i.e. the phrasings and the writing style of the paper itself). Once again, the formatting skills of the Railianan delegation are shown to be spectacular. Yet, philosophically, I must be opposed to its content.

[Railana]

((OOC: Bumping.))

[Ainocra]

I think this looks good, it seems to have addressed the concerns I had way back when.

[Tinfect]

"Ambassador, the concerns of the Imperium are no different now than when you last proposed this abomination. As it happens, we have already begun to draft repeals of your other "Free Trade" Resolutions, and we will not be support any attempt to further push capitalist dogma onto Member States."

[Helltank]

Delegate Ivy Beliazrael: "This resolution is in keeping with the Overlordship's interests. We produce a high number of inventions and patents per year, and it can only be to our benefit to make a resolution that requires other members to respect these patents. The Overlordship of Helltank supports this resolution."

[Imperium Anglorum]

Parsons: (floating in his blue-holographic chair) Good thing all patents in the Empire can be extended by Royal Decree to last forever. Also good thing we already invented everything there is to invent. Now, you want to build something Auralia/Railana? Pay us first. The royalties, I assure you, will be approximately 100% of GDP for each item you wish to licence.

[Railana]

Parsons: (floating in his blue-holographic chair) Good thing all patents in the Empire can be extended by Royal Decree to last forever. Also good thing we already invented everything there is to invent. Now, you want to build something Auralia/Railana? Pay us first. The royalties, I assure you, will be approximately 100% of GDP for each item you wish to licence.

I'm afraid you're wrong for a couple of reasons:

• Under this proposal, nations are only required to recognize foreign patents for the lesser of ten years or the term used by the nation of origin of the patent. You may choose to recognize domestic patents for an indefinite amount of time, but other nations are free to stop providing your patents with protection after ten years.
• Unreasonable and discriminatory licensing arrangements can be barred under clause 6(d).

Joseph Fulton
Chief Ambassador, Railanan Mission to the World Assembly

[Tinfect]

I'm afraid you're wrong for a couple of reasons:

• Under this proposal, nations are only required to recognize foreign patents for the lesser of ten years or the term used by the nation of origin of the patent. You may choose to recognize domestic patents for an indefinite amount of time, but other nations are free to stop providing your patents with protection after ten years.
• Unreasonable and discriminatory licensing arrangements can be barred under clause 6(d).

Joseph Fulton
Chief Ambassador, Railanan Mission to the World Assembly

"Ah, perfect. I am certain you will not mind the Imperium voiding all patents as unreasonable then? As it should be."