Wallenburg wrote:I'm making a note that this has been submitted, since my Invader Zim reference may have been obscure.
OOC: Is it not illegal in its current state in that it provides a pre-title for the coauthor?
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by Imperium Anglorum » Sat Oct 17, 2015 12:43 am
Wallenburg wrote:I'm making a note that this has been submitted, since my Invader Zim reference may have been obscure.
by Wallenburg » Sat Oct 17, 2015 9:32 am
by Wallenburg » Mon Dec 14, 2015 11:49 pm
by Tinfect » Tue Dec 15, 2015 12:02 am
Imperium Central News Network: EMERGENCY ALERT: ALL CITIZENS ARE TO PROCEED TO EVACUATION SITES IMMEDIATELY | EMERGENCY ALERT: ALL FURTHER SUBSPACE SIGNALS AND SYSTEMS ARE TO BE DISABLED IMMEDIATELY | EMERGENCY ALERT: THE FOLLOWING SYSTEMS ARE ACCESS PROHIBITED BY STANDARD/BLACKOUT [Error: Format Unrecognized] | Indomitable Bastard #283
by Wallenburg » Tue Dec 15, 2015 12:04 am
Tinfect wrote:OOC:
I'll uh, take this time to again apologize for dropping the ball on the Campaign last time around.
In any case, you'll probably want to run one of those.
by Imperium Anglorum » Tue Dec 15, 2015 1:27 am
Wallenburg wrote:Tinfect wrote:OOC:
I'll uh, take this time to again apologize for dropping the ball on the Campaign last time around.
In any case, you'll probably want to run one of those.
OOC: That's all right. Besides, I am fairly certain I will have time to run the campaign program on Thursday or Friday, so this won't have to sit around much longer.
by Wallenburg » Tue Dec 15, 2015 4:21 am
by Herby » Tue Dec 15, 2015 7:28 am
by Central Asian Republics » Tue Dec 15, 2015 1:20 pm
Wallenburg wrote:Last call for input. This will be submitted soon.
by Wallenburg » Tue Dec 15, 2015 1:24 pm
by Railana » Thu Dec 17, 2015 7:52 am
Wallenburg wrote:Noting that GA #347 provides insufficient framework to prevent industries and states from filing patents to block development of technology and science in other nations, even if they have no interest in developing said technologies themselves;
Wallenburg wrote:Regretting that the target resolution allows patents to severely restrict use of vital pharmaceutical products, thereby extending the suffering of citizens in WA countries that cannot afford to purchase exclusively patented medicines;
Wallenburg wrote:Noticing that GA #347 essentially grants a monopoly on patents--and therefore all technology--to a handful of highly advanced civilizations, while less advanced member states are left to suffer the loss of their intellectual rights;
Wallenburg wrote:Aware that many member states may not be familiar with what a patent even is;
Wallenburg wrote:Worried that GA #347 effectively forces nations without a patent system to adopt one, without heed to the effects patents may have on their economic model or their ideological rights;
Wallenburg wrote:Disappointed that this resolution seeks to impose national law beyond its jurisdiction into other nations, compelling nations to recognize the legal power of contracts made in foreign nations;
Wallenburg wrote:Alarmed at the destructive power of this resolution against developing economies across the Multiverse, and against free trade between member nations;
Wallenburg wrote:Encouraging well-reasoned legislation on the issue of patent rights and intellectual property;
Herby wrote:I'm surprised Mr. Fulton hasn't shown his face around here yet, he usually does when one of his resolutions is up for repeal.
by Wallenburg » Thu Dec 17, 2015 9:41 am
Railana wrote:Wallenburg wrote:Noting that GA #347 provides insufficient framework to prevent industries and states from filing patents to block development of technology and science in other nations, even if they have no interest in developing said technologies themselves;
I don't understand this argument. The patent system is based on a bargain between the inventor and the state. In exchange for the grant of certain exclusive rights associated with a particular invention for a limited period of time, the inventor agrees to release the design of the invention to the public so that anyone can manufacture and sell that invention after the monopoly period expires.
Therefore, international patents actually serve as a fantastic technology equalizer. When individual in more advanced nations patent advanced technology, then this technology becomes a matter of public record; after ten years, anybody, including people living in less advanced nations, can use the technology freely. Of course, if the advanced nations fail to release the details of the patent, then other nations are not required to recognize the patents under clause 6(c).
Even before the ten year period expires, less advanced nations can purchase licenses for the new technology from the owner of the patent. If the owner of the patent refuses to sell any licenses at a reasonable price, intending simply to restrict access to the technology for ten years, then nations can use this as justification to nullify the patent under clause 6(b). (Even if this weren't the case, though, ten years really isn't a very long time.)
Wallenburg wrote:Regretting that the target resolution allows patents to severely restrict use of vital pharmaceutical products, thereby extending the suffering of citizens in WA countries that cannot afford to purchase exclusively patented medicines;
As I've already pointed out, under Access to Life-Saving Drugs, patents can be waived entirely under certain circumstances, negating any effects the resolution might have in such cases.
Those are quite a few hoops to jump through. I imagine a powerful epidemic could wipe out millions before the first medicines arrive. And for anything that doesn't kill enough to constitute a "public health catastrophe", the medicine may never arrive. So no, it doesn't negate any effects this resolution has with regard to patented medicines.
With that said, yes, pharmaceutical patents will still exist, even under Access to Life-Saving Drugs; yes, they will restrict access to drugs to some people who need them dearly; yes, pharmaceutical patents are still necessary because otherwise the drug in question would not have been developed in the first place, which would be a much bigger problem.
Wallenburg wrote:Noticing that GA #347 essentially grants a monopoly on patents--and therefore all technology--to a handful of highly advanced civilizations, while less advanced member states are left to suffer the loss of their intellectual rights;
As I said earlier, this is a temporary problem that will only last at most ten years, since that is the minimum period of protection provided by the resolution.
Wallenburg wrote:Aware that many member states may not be familiar with what a patent even is;
This argument is absurd. You could say this about literally any resolution on the books. One of the assumptions of reasonable nation theory is that nations educate themselves about the topics of resolutions.
Wallenburg wrote:Worried that GA #347 effectively forces nations without a patent system to adopt one, without heed to the effects patents may have on their economic model or their ideological rights;
Yes. The World Assembly has every right to compel its member states, who have joined the organization voluntarily, to adopt trade rules that are ultimately in the interests of all member states. That's why a "Free Trade" category exists.
Wallenburg wrote:Disappointed that this resolution seeks to impose national law beyond its jurisdiction into other nations, compelling nations to recognize the legal power of contracts made in foreign nations;
Again, this resolution only requires nations to provide protection for foreign patents; this is a requirement of international law, not the national laws of other nations. Furthermore, national patent offices still have the authority to regulate recognized foreign patents under clause 6.
Wallenburg wrote:Alarmed at the destructive power of this resolution against developing economies across the Multiverse, and against free trade between member nations;
As I said earlier, you haven't made a compelling argument in the resolution for why this is the case.
When I pointed this out, you gave the following example:Say that someone invents a bolt-action rifle for the first time across the Multiverse. A while later, a guy in another nation in another universe invents the bolt-action rifle. These two nations know nothing of each other because they haven't made it to space. Yet if one of them patents their invention before the other, the other nation must recognize a patent it doesn't even know about? And even if they know each other, then what? What if the inventor refuses to let the other nation use his patented technology? What if--since this nation cannot make these rifles--the one that can invades them and slaughters the antiquated nation's musketmen?
There are at least a couple of problems with this example. First, if these nations know nothing of each other, how are they both members of the same international organization called the World Assembly? The assumption I made when writing the resolution was that all World Assembly members are aware of the existence of and can communicate with all other member states.
Second, if the inventor completely refuses to let the other nation use his patented technology, then the other nation is not required to recognize the patent under 6(b).
The purpose of the resolution, as stated in the preamble, is to "incentivize the creation of new inventions throughout all member states while providing inventors with a fair reward for their labours", not to use patents as a weapon to prevent technological development or gain a military advantage.
Wallenburg wrote:Encouraging well-reasoned legislation on the issue of patent rights and intellectual property;
That is to say, legislation that is effectively optional (or better yet, no legislation at all).
Herby wrote:I'm surprised Mr. Fulton hasn't shown his face around here yet, he usually does when one of his resolutions is up for repeal.
((OOC: I'm a university student, so I've been busy with final exams. I've been following this closely, though, and I intend to run a counter-campaign once it's submitted, of course.))
Joseph Fulton
Chief Ambassador, Railanan Mission to the World Assembly
by Tinfect » Thu Dec 17, 2015 1:29 pm
Railana wrote:Therefore, international patents actually serve as a fantastic technology equalizer. When individual in more advanced nations patent advanced technology, then this technology becomes a matter of public record; after ten years, anybody, including people living in less advanced nations, can use the technology freely. Of course, if the advanced nations fail to release the details of the patent, then other nations are not required to recognize the patents under clause 6(c).
Railana wrote:Even before the ten year period expires, less advanced nations can purchase licenses for the new technology from the owner of the patent. If the owner of the patent refuses to sell any licenses at a reasonable price, intending simply to restrict access to the technology for ten years, then nations can use this as justification to nullify the patent under clause 6(b).
Railana wrote:With that said, yes, pharmaceutical patents will still exist, even under Access to Life-Saving Drugs; yes, they will restrict access to drugs to some people who need them dearly; yes, pharmaceutical patents are still necessary because otherwise the drug in question would not have been developed in the first place, which would be a much bigger problem.
Railana wrote:As I said earlier, this is a temporary problem that will only last at most ten years, since that is the minimum period of protection provided by the resolution.
Railana wrote:That is to say, legislation that is effectively optional (or better yet, no legislation at all).
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by Excidium Planetis » Thu Dec 17, 2015 3:18 pm
Bananaistan wrote:Given its utter failure to achieve the imperialist aims of its author, we are inclined to oppose any repeal as it blocks anyone from introducing substantive provisions relating to patents that might actually affect member states.
Resolution 347 wrote:Further clarifies that nothing in this resolution should be interpreted as limiting the World Assembly from further legislating on patents.
Singaporean Transhumans wrote:You didn't know about Excidium? The greatest space nomads in the NS multiverse with a healthy dose (read: over 9000 percent) of realism?
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by Imperium Anglorum » Thu Dec 17, 2015 5:06 pm
Resolution 347 wrote:Further clarifies that nothing in this resolution should be interpreted as limiting the World Assembly from further legislating on patents.
by Excidium Planetis » Thu Dec 17, 2015 6:37 pm
Imperium Anglorum wrote:Resolution 347 wrote:Further clarifies that nothing in this resolution should be interpreted as limiting the World Assembly from further legislating on patents.
On the note of these clauses. I don't believe for a second that these clauses prevent duplication claims. I mean quite simply, these are entirely filler, as these clauses do absolutely nothing to allow further legislation on patents. Either it isn't duplication and this clause therefore doesn't do anything or it is duplication and this clause doesn't make a future proposal legal for that reason.
Singaporean Transhumans wrote:You didn't know about Excidium? The greatest space nomads in the NS multiverse with a healthy dose (read: over 9000 percent) of realism?
Saveyou Island wrote:"Warmest welcomes to the Assembly, ambassador. You'll soon learn to hate everyone here."
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by Sierra Lyricalia » Thu Dec 17, 2015 9:28 pm
"This is adequately addressed by 6b."Wallenburg wrote:Noting that GA #347 provides insufficient framework to prevent industries and states from filing patents to block development of technology and science in other nations, even if they have no interest in developing said technologies themselves;
"It's a trade-off to be sure; but between international aid and charity efforts, some of those suffering the most are treated; and as the author already pointed out, without the profitable exclusivity period, most of these drugs simply wouldn't be developed anyway without a fundamental shift in the way biological research is funded and conducted - such a very basic, radical shift that pushing it by WA action might essentially become an ideological ban on markets in the scientific sector."Regretting that the target resolution allows patents to severely restrict use of vital pharmaceutical products, thereby extending the suffering of citizens in WA countries that cannot afford to purchase exclusively patented medicines;
"If the advanced states have had a patented technology for a decade, it becomes open season thereafter for anyone who wants to build and sell it - the only limits are your production capacity and your - ugh - advertising budget. Nothing is preventing someone from a less advanced nation from developing anything even the advanced states haven't come up with yet; literally the only constraint is that imitators and people who were a little slower to develop their invention have to wait ten years to sell substantially similar products without paying for a license. This is not a serious impediment to research in the less advanced state unless they slavishly commit themselves to only work on stuff that other people are also already working on."Noticing that GA #347 essentially grants a monopoly on patents--and therefore all technology--to a handful of highly advanced civilizations, while less advanced member states are left to suffer the loss of their intellectual rights;
"I think they can figure it out."Aware that many member states may not be familiar with what a patent even is;
"You should list some of these; there might be something worrisome in there."Worried that GA #347 effectively forces nations without a patent system to adopt one, without heed to the effects patents may have on their economic model or their ideological rights;
"Every economic treaty and international law in history has done this. The question is whether the results are good for the people of the affected countries. We see nothing detrimental in that sense here."Disappointed that this resolution seeks to impose national law beyond its jurisdiction into other nations, compelling nations to recognize the legal power of contracts made in foreign nations;
"This sounds really dire and awful - what destruction is being wrought?"Alarmed at the destructive power of this resolution against developing economies across the Multiverse, and against free trade between member nations;
"Such as the target resolution?"Encouraging well-reasoned legislation on the issue of patent rights and intellectual property;
"Against."The World Assembly hereby repeals General Assembly Resolution #347, "Foreign Patent Recognition".
by Imperium Anglorum » Thu Dec 17, 2015 9:49 pm
Excidium Planetis wrote:Imperium Anglorum wrote:On the note of these clauses. I don't believe for a second that these clauses prevent duplication claims. I mean quite simply, these are entirely filler, as these clauses do absolutely nothing to allow further legislation on patents. Either it isn't duplication and this clause therefore doesn't do anything or it is duplication and this clause doesn't make a future proposal legal for that reason.
I don't believe it prevents duplication either. But expansion on latent restrictions is not prevented by this resolution due to that clause. In other words, it serves to make the resolution not a blocker (as not all resolutions are blockers, but all are unable to be duplicated).
by Sierra Lyricalia » Thu Dec 17, 2015 10:08 pm
Imperium Anglorum wrote:Excidium Planetis wrote:
I don't believe it prevents duplication either. But expansion on latent restrictions is not prevented by this resolution due to that clause. In other words, it serves to make the resolution not a blocker (as not all resolutions are blockers, but all are unable to be duplicated).
All resolutions are blockers. If I pass a resolution which says 'member nations must force kittens to vote', then I have blocked off the subject of kittens and their eligibility to vote.
by Imperium Anglorum » Thu Dec 17, 2015 10:46 pm
Sierra Lyricalia wrote:Imperium Anglorum wrote:All resolutions are blockers. If I pass a resolution which says 'member nations must force kittens to vote', then I have blocked off the subject of kittens and their eligibility to vote.
A better example would be, you pass a resolution that says "kittens must be permitted to vote, but only if they're not 1. insane, and 2. mangy. Also nothing herein blocks further laws on kitten voting." Do I have to repeal your resolution in order to legislate that convicted felons may always be barred from voting, even if they're kittens? How about if I want to make a law saying kitten votes count for two human votes? Or for half a human one? Not every law blocks off every single thing it happens to touch. This kind of clause just makes that explicit.
by Wallenburg » Fri Dec 18, 2015 1:24 am
Sierra Lyricalia wrote:"This is adequately addressed by 6b."Wallenburg wrote:Noting that GA #347 provides insufficient framework to prevent industries and states from filing patents to block development of technology and science in other nations, even if they have no interest in developing said technologies themselves;
Regretting that the target resolution allows patents to severely restrict use of vital pharmaceutical products, thereby extending the suffering of citizens in WA countries that cannot afford to purchase exclusively patented medicines;
"It's a trade-off to be sure; but between international aid and charity efforts, some of those suffering the most are treated; and as the author already pointed out, without the profitable exclusivity period, most of these drugs simply wouldn't be developed anyway without a fundamental shift in the way biological research is funded and conducted - such a very basic, radical shift that pushing it by WA action might essentially become an ideological ban on markets in the scientific sector."
Noticing that GA #347 essentially grants a monopoly on patents--and therefore all technology--to a handful of highly advanced civilizations, while less advanced member states are left to suffer the loss of their intellectual rights;
"If the advanced states have had a patented technology for a decade, it becomes open season thereafter for anyone who wants to build and sell it - the only limits are your production capacity and your - ugh - advertising budget. Nothing is preventing someone from a less advanced nation from developing anything even the advanced states haven't come up with yet; literally the only constraint is that imitators and people who were a little slower to develop their invention have to wait ten years to sell substantially similar products without paying for a license. This is not a serious impediment to research in the less advanced state unless they slavishly commit themselves to only work on stuff that other people are also already working on."
Aware that many member states may not be familiar with what a patent even is;
"I think they can figure it out."
Worried that GA #347 effectively forces nations without a patent system to adopt one, without heed to the effects patents may have on their economic model or their ideological rights;
"You should list some of these; there might be something worrisome in there."
Disappointed that this resolution seeks to impose national law beyond its jurisdiction into other nations, compelling nations to recognize the legal power of contracts made in foreign nations;
"Every economic treaty and international law in history has done this. The question is whether the results are good for the people of the affected countries. We see nothing detrimental in that sense here."
Alarmed at the destructive power of this resolution against developing economies across the Multiverse, and against free trade between member nations;
"This sounds really dire and awful - what destruction is being wrought?"
Encouraging well-reasoned legislation on the issue of patent rights and intellectual property;[/quote
]"Such as the target resolution?"
by Excidium Planetis » Fri Dec 18, 2015 2:03 am
Wallenburg wrote:Noting that GA #347 provides insufficient framework to prevent industries and states from filing patents to block development of technology and science in other nations, even if they have no interest in developing said technologies themselves;
"It's a trade-off to be sure; but between international aid and charity efforts, some of those suffering the most are treated; and as the author already pointed out, without the profitable exclusivity period, most of these drugs simply wouldn't be developed anyway without a fundamental shift in the way biological research is funded and conducted - such a very basic, radical shift that pushing it by WA action might essentially become an ideological ban on markets in the scientific sector."
How will this aid and charity come about if patent holders refuse production rights to humanitarian organizations?
And how does bending patent rules in the event of a major health crisis act as such a disincentive to medical research and technological development?
It seems to me that any sane society would foster medical research regardless of the financial gains to producing medicine.
"If the advanced states have had a patented technology for a decade, it becomes open season thereafter for anyone who wants to build and sell it - the only limits are your production capacity and your - ugh - advertising budget. Nothing is preventing someone from a less advanced nation from developing anything even the advanced states haven't come up with yet; literally the only constraint is that imitators and people who were a little slower to develop their invention have to wait ten years to sell substantially similar products without paying for a license. This is not a serious impediment to research in the less advanced state unless they slavishly commit themselves to only work on stuff that other people are also already working on."
Ten years of total economic stagnation is a serious impediment, the last time I checked.
And I resent your suggestion that anyone who happens to complete his invention only moments after someone else, after doing exhaustive independent work, is merely a copycat.
"I think they can figure it out."
We have some significantly primitive member states, Ambassador.
"You should list some of these; there might be something worrisome in there."
List what? Do you refer to economic models? Intellectual rights? Nations without patent systems?
"This sounds really dire and awful - what destruction is being wrought?"
Less advanced nations are being forced into further stagnation, intellectual property is being stolen, and patent monopolies naturally spring forward from this resolution.
Singaporean Transhumans wrote:You didn't know about Excidium? The greatest space nomads in the NS multiverse with a healthy dose (read: over 9000 percent) of realism?
Saveyou Island wrote:"Warmest welcomes to the Assembly, ambassador. You'll soon learn to hate everyone here."
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by Bananaistan » Fri Dec 18, 2015 2:29 am
Excidium Planetis wrote:"On a side note, we must disagree with the Bananistani delegation, in that Foreign Patent Recognition is most definitely not a good way to block other patent regulation:"Resolution 347 wrote:Further clarifies that nothing in this resolution should be interpreted as limiting the World Assembly from further legislating on patents.
by Tinfect » Fri Dec 18, 2015 2:31 am
Excidium Planetis wrote:"Your claims that less advanced nations lose out are false. Less Advanced nations get public access to every single parent from advanced nations in ten years at most! Imagine primitive 'Modern Tech' nations having access to warp drives in just ten years! How is that stagnation, when it is advancement far beyond what they'd accomplish in their own. Not to mention nearly every technology a primitive nation would be developing in the next ten years has probably already been patented by advanced nations greater than ten years ago, and so is probably public anyways.I know our nuclear fission-fusion hybrid patents have long been expired. "
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by Excidium Planetis » Fri Dec 18, 2015 5:20 am
Tinfect wrote:Excidium Planetis wrote:"Your claims that less advanced nations lose out are false. Less Advanced nations get public access to every single parent from advanced nations in ten years at most! Imagine primitive 'Modern Tech' nations having access to warp drives in just ten years! How is that stagnation, when it is advancement far beyond what they'd accomplish in their own. Not to mention nearly every technology a primitive nation would be developing in the next ten years has probably already been patented by advanced nations greater than ten years ago, and so is probably public anyways.I know our nuclear fission-fusion hybrid patents have long been expired. "
"We fail to see how this is in any form an argument for the Resolution. The Imperium will not be forced to practically give away our Technologies to largely unknown, or hostile states. Such a thing would be the absolute devastation of the Imperium."
Singaporean Transhumans wrote:You didn't know about Excidium? The greatest space nomads in the NS multiverse with a healthy dose (read: over 9000 percent) of realism?
Saveyou Island wrote:"Warmest welcomes to the Assembly, ambassador. You'll soon learn to hate everyone here."
Imperium Anglorum wrote:Digital Network Defence is pretty meh
News: AI wins Dawn Fleet election for High Counselor.
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