[PASSED] Foreign Patent Recognition

[Bears Armed]

OOC: Wasn't there a 'historical' resolution on this subject whose wording did somehow allow for such situations? If so, then reading it might suggest a way around this.
And the "all nations in modern time, on one world, together" argument becomes ridiculous when one considers the sheer number of nations, even considering only WA members, even allowing for the fact that some of urrs don't use the game-provided population figures: There have to be multiple alternative realities involved, at the least...

[Railana]

((OOC: Submitted.))

[Nouvelle o France]

Someone once said Capitalism is the astounding belief that the most wickedest of men will do the most wickedest of things for the greatest good of everyone. and I fear this resolution share this belief. We shall oppose this resolution as it would cripple innovation and economy across the nation profiting only to mega-corporations, most of which are foreign.

[Wallenburg]

OPPOSED for clear conspiracy to destroy the economies of the Multiverse.

[Tinfect]

"It is good to see that the delegation of Railana is so willing to propose legislation, while completely disregarding any form of criticism. The Imperium will oppose this travesty, and will be acting to ensure that it never reaches vote."

[The Sheika]

Nearly two weeks without any sort of debate on the matter and it gets submitted? Was any of the critical feedback addressed? Does the submitted legislation represent the body of the WA as a whole, or just select nations in regards to level of technology?

[Ferret Civilization]

"The points the more experienced ambassadors here are a good point, this would destroy the economy. And not only that limit scientific advancement among the nations and lands of the WA."

[Inventors of Literally Everything]

A flash of multicoloured light fills the debate hall, coming with a veritable explosion of mysterious Blue paper money, and Copyright Notices, as a catchy corporate jingle begins to fill the room, as the light begins to fade, a Fog Machine is carried away from the center by a man in a yellow jumpsuit, leaving only another man, with heavily gelled-back, blonde hair, sunglasses, and a jeweled suit that slowly fades between random colours, with each colour being projected onto his surroundings, as some kind of walking disco ball,

"Ooh! Yeah! Great entrance!" he shouts to noone in paticular as the fog clears, "You can all call me- Actually, no, that's trademarked, I'd tell ya, but then I'd have to sue ya. Hows about ya'll just call me... "Mr. Cash"... Yeah, Like the sound of that." He pauses for a moment, "Okay, my people's tellin' me about some kind of patent recognition thing, let's see it!" He takes a copy of the draft from another man in a yellow jumpsuit, "Okay, 'defines invention as' yadda yadda, 'mandates... ten years'... 'international trade...' 'Kay!" He crumples the draft, tossing it behind him as, yet another yellow-jumpsuited man quickly maneuvers a wastepaper basket into the Proposal's path, "So, who's ready to get started on payin' back all those patent infringement fees!" He claps his hands together, and falls into a chair, provided once more by a pair of rapidly moving yellow jumpsuited men, as several large towers of papers appear in their own white flashes nearby, "Who's first!"

[Caracasus]

This resolution appears to force us to accept legislation passed by another nation. We cannot support this, no matter how laudable its goals.

In addition - this section here deeply troubles us:

Further defines "foreign patent", for the purposes of this resolution, as any patent granted by another member state;
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;

And if a member state decides to issue a patent lasting one thousand years? No. We cannot accept the WA dictating that we must abide by property laws passed by another nation.

[Sierra Lyricalia]

This resolution appears to force us to accept legislation passed by another nation. We cannot support this, no matter how laudable its goals.

In addition - this section here deeply troubles us:

Further defines "foreign patent", for the purposes of this resolution, as any patent granted by another member state;
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;

And if a member state decides to issue a patent lasting one thousand years? No. We cannot accept the WA dictating that we must abide by property laws passed by another nation.

"I've yet to receive voting instructions from my superiors on this, but it bears pointing out the resolution mandates that members use the lesser of ten years or the issuing state's term of patent. Nowhere is there a danger of having to obey a thousand-year patent."

[Nouvelle o France]

This resolution appears to force us to accept legislation passed by another nation. We cannot support this, no matter how laudable its goals.

In addition - this section here deeply troubles us:



And if a member state decides to issue a patent lasting one thousand years? No. We cannot accept the WA dictating that we must abide by property laws passed by another nation.

"I've yet to receive voting instructions from my superiors on this, but it bears pointing out the resolution mandates that members use the lesser of ten years or the issuing state's term of patent. Nowhere is there a danger of having to obey a thousand-year patent."

That also raise the question whether or not some state may issue 1 second long patent, effectively defeating the purpose of this resolution, though sadly only concerning national patents. We encourage all states to enforce this 1 second rule if this...abomination should ever comes to pass.

[Caracasus]

This resolution appears to force us to accept legislation passed by another nation. We cannot support this, no matter how laudable its goals.

In addition - this section here deeply troubles us:



And if a member state decides to issue a patent lasting one thousand years? No. We cannot accept the WA dictating that we must abide by property laws passed by another nation.

"I've yet to receive voting instructions from my superiors on this, but it bears pointing out the resolution mandates that members use the lesser of ten years or the issuing state's term of patent. Nowhere is there a danger of having to obey a thousand-year patent."

OOC: Well that was a massive brain fart... can't believe I missed that!

[Ferret Civilization]

"Oh, and with those patent problems, what would stop a nation from using their more advanced technology to patent everything they have, preventing less advanced nations from progressing scientifically, economically, or technologically?"

[Nouvelle o France]

"Oh, and with those patent problems, what would stop a nation from using their more advanced technology to patent everything they have, preventing less advanced nations from progressing scientifically, economically, or technologically?"

Indeed, they could also regularly renew the patent by doing minor modifications so they could say *It's not the same thing ! Look ! We changed the color ! You still won't be able to build it for 10 years though... Tehe !*. Ridiculous ! The more we think about it, the more we believe we should throw this resolution inside the trash can where it belongs !

[Tinfect]

This resolution appears to force us to accept legislation passed by another nation. We cannot support this, no matter how laudable its goals.

In addition - this section here deeply troubles us:



And if a member state decides to issue a patent lasting one thousand years? No. We cannot accept the WA dictating that we must abide by property laws passed by another nation.

"I've yet to receive voting instructions from my superiors on this, but it bears pointing out the resolution mandates that members use the lesser of ten years or the issuing state's term of patent. Nowhere is there a danger of having to obey a thousand-year patent."

"Regardless, it is still an unacceptable term. The Imperium will not delay scientific progress for a decade because some other nation with absolutely no relation to the Imperium happened to acquire the technology before us."

"Oh, and with those patent problems, what would stop a nation from using their more advanced technology to patent everything they have, preventing less advanced nations from progressing scientifically, economically, or technologically?"

"Absolutely nothing, Ambassador. Which is one of the many points of contention with this resolution, that the authoring delegation has outright ignored."

[Caracasus]

Not to mention of course that this forces nations that do not currently have a patent system as outlined above to adopt one, for fear of their discoveries being patented by another individual or group.

[Nouvelle o France]

How did this make it to vote, we do not know, but we violently reject it...literally as we expect wide-spread riot should this ever pass. We urge all nations to be responsible and oppose it with all their might.

[Taiwanada]

Currently voting against as it runs contrary to my state's right to subsidized healthcare and pharmaceuticals.

If the language is changed to make that the exception, or allow to opt out in regards to pharmaceuticals, I will change my vote.

[Wallenburg]

How did this make it to vote, we do not know, but we violently reject it...literally as we expect wide-spread riot should this ever pass. We urge all nations to be responsible and oppose it with all their might.

Aye, if someone doesn't send out a counter-campaign message soon, I'll be doing it. This is the most disastrous proposal I have ever seen.

[Railana]

That also raise the question whether or not some state may issue 1 second long patent, effectively defeating the purpose of this resolution, though sadly only concerning national patents. We encourage all states to enforce this 1 second rule if this...abomination should ever comes to pass.

I'm not sure what your point is. This resolution doesn't permit nations to provide only 1 second of protection to foreign patents unless the original issuing nation does so.

Indeed, they could also regularly renew the patent by doing minor modifications so they could say *It's not the same thing ! Look ! We changed the color ! You still won't be able to build it for 10 years though... Tehe !*. Ridiculous ! The more we think about it, the more we believe we should throw this resolution inside the trash can where it belongs !

That's not how patents work. A patented invention must be "useful, novel and nonobvious". Simply changing the colour of an existing invention does not meet that criteria.

Joseph Fulton
Chief Ambassador, Railanan Mission to the World Assembly

[Elke and Elba]

OOC: Elke and Elba always votes against if EnE (not as delegate) receives an unsolicited campaigning telegram from the author.

So Against.

[Nouvelle o France]

We find it kind of ridiculous that we also received such campaigning message despite clearly voicing our opposition to this resolution.

That also raise the question whether or not some state may issue 1 second long patent, effectively defeating the purpose of this resolution, though sadly only concerning national patents. We encourage all states to enforce this 1 second rule if this...abomination should ever comes to pass.

I'm not sure what your point is. This resolution doesn't permit nations to provide only 1 second of protection to foreign patents unless the original issuing nation does so.

We though it was pretty clear, should this pass, we encourage all nation to set their national patent length to 1 second so that they are effectively none

Indeed, they could also regularly renew the patent by doing minor modifications so they could say *It's not the same thing ! Look ! We changed the color ! You still won't be able to build it for 10 years though... Tehe !*. Ridiculous ! The more we think about it, the more we believe we should throw this resolution inside the trash can where it belongs !

That's not how patents work. A patented invention must be "useful, novel and nonobvious". Simply changing the colour of an existing invention does not meet that criteria.

Again, we though this was obvious that this was merely an oversimplification. For now, lets say engine x consume 5.3 fuel, after 10 years, engine y is patented and consume 5,2 fuel. This is both useful and new, but otherwise is basicly the same thing. Again, we are aware we oversimplify thing, but we do not feel we must write detailed schematics for the purpose of this debate.

[Inuvia]

"The Kingdom of Inuvia cannot support legislation which infringes upon a nation's sovereignty, by forcing a nation to accept the patent lengths (or a minimum of 10 years) of foreign states. Further, the Kingdom of Inuvia worries of the effect this legislation may have on the cheap and widespread availability of medicines and other pharmaceuticals within our state. At this time, the Kingdom of Inuvia has voted against the above resolution."

[Wallenburg]

6. 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;

"We assume that 'the object and purpose of this resolution' is to not annihilate our economy, so we shall use this exception to 'enforce any additional reasonable and appropriate patent regulations' under our national law, including our authority to reject any foreign patent that conflicts with the essential economic interests of our nation and the intellectual rights of our inventors.

"Congratulations, Ambassador. You wrote another resolution with an 'opt-out' clause."

[Nouvelle o France]

6. 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;

"We assume that 'the object and purpose of this resolution' is to not annihilate our economy, so we shall use this exception to 'enforce any additional reasonable and appropriate patent regulations' under our national law, including our authority to reject any foreign patent that conflicts with the essential economic interests of our nation and the intellectual rights of our inventors.

"Congratulations, Ambassador. You wrote another resolution with an 'opt-out' clause."

We thank you Ambassador, for pointing out this very interesting clause.