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[PASSED] Foreign Patent Act

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Wallenburg
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[PASSED] Foreign Patent Act

Postby Wallenburg » Thu Aug 25, 2016 2:20 pm

"With the successful repeal of 'Foreign Patent Recognition', I thought it only reasonable to ensure that such an incompetent piece of legislation did not reach the floor again. Here I present a proposal to further clarify the extent of member nation's ideological rights, with regard to patent protections."

Foreign Patent Act
Category: Free Trade || Strength: Mild || Proposed by: Wallenburg

Observing the importance of intellectual property rights in many member states,

Cognizant of the risks associated with unnecessary interference in national policy on intellectual property,

Honoring this Assembly's pledged commitment to national sovereignty with regard to economic philosophy and ideology,

The World Assembly hereby:

1. Defines, for the purpose of this resolution:
  • "patent" as an official government statement granting an entity the legal right to exclude others from producing or generating profit with a particular invention,
  • "invention" as a process, good, device, or technology created by an entity,
2. Recognizes member nations' right to develop or not develop patent systems in general,

3. Forbids member nations from granting or recognizing patents for illegal inventions, as well as patents for any form of sapient life,

4. Directs a World Assembly Patent Service (WAPS) to grant any entity originating from a member state a patent, only if:
  • The entity holds a valid patent granted by the member nation it originates from for the same invention the entity seeks to patent via the WAPS,
  • The WAPS has not already granted a patent on the invention the entity seeks to claim as its intellectual property,
  • The entity demonstrates full responsibility for the development of the invention, an inventive step in developing it beyond merely observing or analyzing an already existing invention, and reasonable novelty and uniqueness of the invention in the member nation from which the entity originates,
  • The request meets any other basic formatting standards set by the WAPS in order to guarantee the legitimacy of the entity's patent request,
5. Tasks the WAPS with archiving all patents granted by member states or itself, and making its archives public to all member states and their citizens,

6. Further tasks the WAPS with evaluating the conditions of member states' economies and conducting any other relevant research in order to determine and set unbiased and appropriate expiration dates in each member nation on a case-by-case basis for its granted patents,

7. Mandates that all member states with patent systems observe all patents granted by the WAPS given that:
  • The patented invention is neither illegal, nor obsolete, nor in the public domain in that member nation at the time the inventive entity receives the patent,
  • The patented invention is of practical, commercial, or industrial use in that nation,
  • The patent holder has demonstrated intent to exercise its patent in that nation,
  • Previously passed World Assembly resolutions do not permit that member nation not to recognize the patent.
8. Requires all member states without patent systems to refrain from asserting intellectual property beyond their own borders.

Foreign Patent Act
Category: Free Trade || Strength: Mild || Proposed by: Wallenburg

Observing the importance of intellectual property rights in many member states,

Cognizant of the risks associated with unnecessary interference in national policy on intellectual property,

Honoring this Assembly's pledged commitment to national sovereignty with regard to economic philosophy and ideology,

The World Assembly hereby:

1. Defines, for the purpose of this resolution:
  • "patent" as an official government statement granting an entity the legal right to exclude others from producing or generating profit with a particular invention,
  • "invention" as a process, good, device, or technology created by an entity,
2. GrantsRecognizes member nations' full authorityright to observe or not observe patentsdevelop or not develop patent systems in general,

3. Forbids member nations from granting or recognizing patents for illegal processes, goods, or technologiesinventions, as well as patents for any form of sapient life,

3. Establishes the World Assembly Patent Service (WAPS), with the purpose of guaranteeing an objective analysis of international patent requests, and granting patents to those individuals who demonstrate exclusive responsibility for the development of the process, good, or technology they seek to patent,

4. EmpowersDirects the WAPSa World Assembly Patent Service (WAPS) to grant any entity originating from a member state a patent, given thatonly if:
  • The entity holds a valid patent granted by the member nation it originates from for the same process, good, or technologyinvention the entity seeks to patent via the WAPS,
  • The WAPS has not already granted a patent on the process, good, or technologyinvention the entity seeks to claim as its intellectual property,
  • The entity demonstrates full responsibility for the development of the process, good, or technologyinvention, an inventive step in developing it beyond merely observing or analyzing an already existing process, good, or technologyinvention, and reasonable novelty and uniqueness of the process, good, or technologyinvention in the member nation from which the entity originates,
  • The request meets any other basic formatting standards set by the WAPS in order to guarantee the legitimacy of the entity's patent request,
5. Clarifies that the WAPS may not grant patents under any other circumstances,

5. Tasks the WAPS with archiving all patents granted by member states or itself, and making its archives public to all member states and their citizens,

6. Further tasks the WAPS with evaluating the conditions of member states' economies and conducting any other relevant research in order to determine and set unbiased and appropriate expiration dates in each member nation on a case-by-case basis for its granted patents,

7. Mandates that every member nation that recognizes patentsall member states with patent systems observe all patents granted by the WAPS given that:
  • The patented process, good, or technologyinvention is neither illegal, nor obsolete, nor in the public domain in that member nation at the time the inventive entity receives the patent,
  • The patented process, good, or technologyinvention is of practical, commercial, or industrial use in that nation,
  • The patent holder has demonstrated intention to exercise its patent rights in that nation,
  • Previously passed World Assembly resolutions do not permit that member nation not to recognize the patent.
8. Requires all member states without patent systems to refrain from asserting intellectual property beyond their own borders.
Foreign Patent Act
Category: Free Trade || Strength: Mild || Proposed by: Wallenburg

Observing the importance of intellectual property rights in many member states,

Cognizant of the risks associated with unnecessary interference in national policy on intellectual property,

Honoring this Assembly's pledged commitment to national sovereignty with regard to economic philosophy and ideology,

The World Assembly hereby:

1. Grants member nations full authority to observe or recognizenot observe patents in general,

2. Prohibits member nations from disallowing the patenting of processes, goods, or technologies in select industries while granting or recognizing patents of technologies in other industries,

2. Forbids member nations from granting or recognizing patents for illegal processes, materialsgoods, or technologies, as well as patents for any form of sapient life,

3. Establishes the World Assembly Patent Service (WAPS), with the purpose of guaranteeing an objective analysis of international patent requests, and granting patents to those individuals who demonstrate exclusive responsibility for the development of the process, good, or technology they seek to patent,

4. Empowers the WAPS to grant any entity originating from a member state a patent, given that:
  • The entity holds a valid patent granted by the member nation it originates from for the same process, good, or technology the entity seeks to patent via the WAPS,
  • The WAPS has not already granted a patent on the process, good, or technology the entity seeks to claim as its intellectual property,
  • The entity demonstrates full responsibility for the development of the process, good, or technology, an inventive step in developing it beyond merely processingobserving or analyzing an already existing process, good, or technology, and reasonable novelty and uniqueness of the process, good, or technology in the member nation from which the entity originates,
  • The request meets any other basic formatting standards set by the WAPS in order to guarantee the legitimacy of the entity's patent request,
5. Clarifies that the WAPS may not grant patents under any other circumstances,

6. Tasks the WAPS with archiving all patents granted by member states or itself, and making its archives public to all member states and their citizens,

7. Further tasks the WAPS with evaluating the conditions of member states' economies and conducting any other relevant research in order to determine and set unbiased and appropriate expiration dates in each member nation on a case-by-case basis for its granted patents,

8. Mandates that every member nation that recognizes patents observe all patents granted by the WAPS given that:
  • The patented process, good, or technology is neither illegal, nor obsolete, nor in the public domain in that member nation,
  • The patented process, good, or technology is of practical, commercial, or industrial use in that nation,
  • The patent holder has demonstrated intention to exercise its patent rights in that nation,
  • Previously passed World Assembly resolutions do not permit that member nation not to recognize the patent.
Foreign Patent Act
Category: Free Trade || Strength: Mild || Proposed by: Wallenburg

Observing the importance of intellectual property rights in many member states,

Cognizant of the risks associated with unnecessary interference in national policy on intellectual property,

Honoring this Assembly's pledged commitment to national sovereignty with regard to economic philosophy and ideology,

The World Assembly hereby:

1. Grants member nations full authority to observe or recognize patents in general,

2. Prohibits member nations from disallowing the patenting of technologies in select industries while granting or recognizing patents of technologies in other industries,

3. Forbids member nations from granting or recognizing patents for illegal processes, materials, or technologies, as well as patents for any form of sapient life,

4. Establishes the World Assembly Patent Service (WAPS), and tasks it with the purpose of guaranteeing an objective analysis of international patent requests, and granting patents to those individuals who demonstrate exclusive responsibility for the development of the technology they seek to patent,

5. Empowers the WAPS to grant any entity originating from a member state a patent, given that:
  • The entity holds a valid patent granted by the member nation it originates from for the same technology the entity seeks to patent via the WAPS,
  • The WAPS has not already granted a patent on the technology the entity seeks to claim as its intellectual property,
  • The entity demonstrates full responsibility for the development of the technology, an inventive step in developing it beyond merely processing or analyzing an already existing technology, and reasonable novelty and uniqueness of the technology in the member nation from which the entity originates,
  • The request meets any other basic formatting standards set by the WAPS in order to guarantee the legitimacy of the entity's patent request,
6. Clarifies that the WAPS may not grant patents under any other circumstances,

7. RestoresTasks the Universal Patent Archive and tasks itWAPS with archiving all patents granted by the WAPS, as well as any patents granted by member states or itself, and making its archives public to all member states and their citizens,

8. Further tasks the WAPS with establishing a Subcommittee on Expiration of Patents, which shall evaluateing the conditions of member states' economies and conducting any other relevant research in order to determine and set unbiased and appropriate expiration dates in each member nation on a case-by-case basis for its granted patentsgranted by the WAPS,

9. Mandates that every member nation that recognizes patents observe all patents granted by the WAPS in whichgiven that:
  • The patented technology is neither illegal, nor obsolete, nor in the public domain in that member nation,
  • andThe patented technology is of practical, commercial, or industrial use in that nation,
  • The patent holder has demonstrated intention to exercise its patent rights in that nation,
  • with exception to those patents thatPreviously passed World Assembly resolutions do not permit member nationsthat member nation not to recognize the patent,
10. Further mandates that member nations immediately nullify any patent protections they have granted that conflict with the requirements of clause nine (9).
Foreign Patent Act
Category: Free Trade || Strength: Mild || Proposed by: Wallenburg

Observing the importance of intellectual property rights in many member states,

Cognizant of the risks associated with unnecessary interference in national policy on intellectual property,

Honoring this Assembly's pledged commitment to national sovereignty with regard to economic philosophy and ideology,

The World Assembly hereby:

1. Grants member nations full authority to observe or recognize patents in general,

2. Prohibits member nations from disallowing the patenting of technologies in select industries while granting or recognizing patents of technologies in other industries,

3. Forbids member nations from granting or recognizing patents for illegal processes, materials, or technologies, as well as patents for any form of sapient life,

4. Establishes the World Assembly Patent Service (WAPS), and tasks it with guaranteeing an objective analysis of international patent requests, and granting patents to those individuals who demonstrate exclusive responsibility for the development of the technology they seek to patent,

5. Empowers the WAPS to grant any entity originating from a member state a patent, given that:
  • The entity holds a valid patent granted by the member nation it originates from for the same technology the entity seeks to patent via the WAPS,
  • The WAPS has not already granted a patent on the technology the entity seeks to claim as its intellectual propertya patent for,
  • The entity demonstrates full responsibility for the development of the technology, an inventive step in developing it, and reasonable novelty and uniqueness of the technology in the member nation from which the entity originates,
  • The request meets any other basic standards set by the WAPS in order to guarantee the legitimacy of the entity's patent request,
6. Clarifies that the WAPS may not grant patents under any other circumstances,

7. Restores the Universal Patent Archive (UPA), and tasks it with archiving all patents granted by the WAPS, as well as any patents granted by member states,

8. Tasks the WAPS with establishing a Subcommittee on Expiration of Patents, which shall evaluate the conditions of member states' economies and conduct any other relevant research in order to determine and set unbiased and appropriate expiration dates in each member nation on a case-by-case basis for patents granted by the WAPS,

9. Mandates that every member nation that recognizes patents observe all patents granted by the WAPS in which the patented technology is neither illegal, nor obsolete, nor in the public domain in that member nation, and is of practical, commercial, or industrial use in that nation, with exception to those patents that previously passed World Assembly resolutions permit member nations not to recognize,

10. Further mandates that member nations immediately nullify any patent protections they have granted that conflict with the requirements of clause eight (8)nine (9).
Foreign Patent Act
Category: Free Trade || Strength: Mild || Proposed by: Wallenburg

Observing the importance of intellectual property rights in many member states,

Cognizant of the risks associated with unnecessary interference in national policy on intellectual property,

Honoring this Assembly's pledged commitment to national sovereignty with regard to economic philosophy and ideology,

The World Assembly hereby:

1. Grants member nations full authority to observe or recognize patents in general,

2. Requires those member nations that recognize patents to:
  • Address all foreign patent requests presented to their relevant state agencies with reasonable diligence and speed,
  • Apply equal standards to patent requests of domestic and foreign origin when evaluating their legitimacy,
  • Enforce all granted patents in good faith,
2. Prohibits member nations from disallowing the patenting of technologies in select industries while granting or recognizing patents of technologies in other industries,

3. Forbids member nations from granting or recognizing patents for illegal processes, materials, or technologies, as well as patents for any form of sapient life,

4. Establishes the World Assembly Patent Service (WAPS), and tasks it with guaranteeing an objective analysis of international patent requests, and granting patents to those individuals who demonstrate exclusive responsibility for the development of the technology they seek to patent,

6. Stipulates that the WAPS shall consider any patent request presented by any entity holding a patent granted by a member nation,

5. Empowers the WAPS to grant any entity originating from a member state a patent, given that:
  • The entity holds a valid patent granted by the member nation it originates from for the same technology the entity seeks to patent via the WAPS,
  • The WAPS has not already granted a patent on the technology the entity seeks to claim as its intellectual property,
  • The entity demonstrates full responsibility for the development of the technology, an inventive step in developing it, and reasonable novelty and uniqueness of the technology in the member nation from which the entity originates,
  • The request meets any other basic standards set by the WAPS in order to guarantee the legitimacy of the entity's patent request,
6. Clarifies that the WAPS may not grant patents under any other circumstances,

7. Restores the Universal Patent Archive (UPA), and tasks it with archiving all patents granted by the WAPS, as well as any patents granted by member states,

8. Mandates that every member nation that recognizes patents observe all patents granted by the WAPS in which the patented technology is neither illegal, nor obsolete, nor in the public domain in that member nation, and is of practical, commercial, or industrial use in that nation,

9. Further mandates that member nations immediately nullify any patent protections they have granted that conflict with the requirements of clause eight (8)seven (7).
Foreign Patent Act
Category: Free Trade || Strength: Mild || Proposed by: Wallenburg

Observing the importance of intellectual property rights in many member states,

Cognizant of the risks associated with unnecessary interference in national policy on intellectual property,

Honoring this Assembly's pledged commitment to national sovereignty with regard to economic philosophy and ideology,

The World Assembly hereby:

1. Grants member nations full authority to observe or recognize patents in general,

2. Requires those member nations that recognize patents to:
  • Address all foreign patent requests presented to their relevant state agencies with reasonable diligence and speed,
  • Apply equal standards to patent requests of domestic and foreign origin when evaluating their legitimacy,
  • Enforce all granted patents in good faith,
3. Prohibits member nations from disallowing the patenting of technologies in select industries while granting or recognizing patents of technologies in other industries,

4. Forbids member nations from granting or recognizing patents for illegal processes, materials, or technologies,

5. Establishes the World Assembly Patent Service (WAPS), and tasks it with guaranteeing an objective analysis of international patent requests, and granting patents to those individuals who demonstrate exclusive responsibility for the development of the technology they seek to patent,

6. Stipulates that the WAPS shall consider any patent request presented by any entity holding a patent granted by a member nation,

7. Empowers the WAPS to grant any entity originating from a member state a patent, given that:
  • ifThe WAPS has not already granted a patent on the technology the entity seeks to claim as its intellectual property,
  • andThe entity demonstrates full responsibility for the development of the technology, an inventive step in developing it, and reasonablye novelty and uniqueness of the technology in the member nation from which the entity originates,
  • The request meets any other basic standards set by the WAPS in order to guarantee the legitimacy of the entity's patent request,
8. Restores the Universal Patent Archive (UPA), and tasks it with archiving all patents granted by the WAPS, as well as any patents granted by member states,

9. Mandates that every member nation that recognizes patents observe all patents granted by the WAPS in which the patented technology is novel to theneither obsolete nor in the public domain in that member nation, and is of practical, commercial, or industrial use in that nation,

10. Further mandates that member nations immediately nullify any patent protections they have granted that conflict with the requirements of clause seven (7)nine (9).
Foreign Patent Act
Category: Free Trade || Strength: Mild || Proposed by: Wallenburg

Observing the importance of intellectual property rights in many member states,

Cognizant of the risks associated with unnecessary interference in national policy on intellectual property,

Honoring this Assembly's pledged commitment to national sovereignty with regard to economic philosophy and ideology,

The World Assembly hereby:

1. Grants member nations full authority to observe or recognize patents in general,

2. Requires those member nations that recognize patents to:
  • ConsiderAddress all foreign patent claimsrequests presented to their relevant state agencies with reasonable diligence and speed,
  • Apply equal standards to patent claimsrequests of domestic and foreign origin when evaluating their legitimacy and determining which ones to accept,
  • Enforce all acceptedgranted patents in good faith,
3. Prohibits member nations from disallowing the patenting of technologies in select industries while granting or recognizing patents of technologies in other industries,

4. Establishes the World Assembly Patent Service (WAPS), and tasks it with guaranteeing an objective analysis of international patent requests, and granting patents to those individuals who demonstrate exclusive responsibility for the development of the technology they seek to patent,

5. Stipulates that the WAPS shall consider any patent request presented by any entity holding a patent granted by a member nation,

6. Empowers the WAPS to grant any entity originating from a member state a patent, if the WAPS has not already granted a patent on the technology the entity seeks to claim as its intellectual property, and the entity demonstrates full responsibility for the development of the technology, an inventive step in developing it, and reasonably novelty of the technology in the member nation from which the entity originates,

7. Mandates that every member nation that recognizes patents observe all patents granted by the WAPS in which the patented technology is novel to the member nation, and is of practical, commercial, or industrial use in that nation,

8. Further mandates that member nations immediately nullify any patent protections they have granted that conflict with the requirements of clause seven (7).
Foreign Patent Act
Category: Free Trade || Strength: Mild || Proposed by: Wallenburg

Observing the importance of intellectual property rights in many member states,

Cognizant of the risks associated with unnecessary interference in national policy on intellectual property,

Honoring this Assembly's pledged commitment to national sovereignty with regard to economic philosophy and ideology,

The World Assembly hereby:

Grants member nations full authority to observe or recognize patents in general,

Prohibits member nations from coercing other nations into recognizing patents made in those member nations,

Requires those member nations that recognize patents to:
  • Consider all foreign patent claims presented to their relevant state agencies,
  • Apply equal standards to patent claims of domestic and foreign origin when evaluating their legitimacy and determining which ones to accept,
  • Enforce themall accepted patents in good faith.
Highly encourages member nations to enforce foreign patents when appropriate.
Last edited by Wallenburg on Sun Nov 27, 2016 11:05 am, edited 12 times in total.
THERE IS NO WAR IN BA SING SE
grestin went through the MKULTRA program and he has more of a free will than wallenburg does - Imperial Idaho
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Imperium Anglorum
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Postby Imperium Anglorum » Thu Aug 25, 2016 8:17 pm

Oppose due to, among other things, italicisation of the first words. Oh, and the other things are really all stated by Sciongrad later in this thread.
Last edited by Imperium Anglorum on Sun Aug 28, 2016 1:51 am, edited 1 time in total.

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Umeria
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Postby Umeria » Fri Aug 26, 2016 6:45 am

Support due to, among other things, the beautiful italicisation of the first words.
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The Greater Siriusian Domain
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Postby The Greater Siriusian Domain » Fri Aug 26, 2016 9:30 am

Teran Saber: "The Confederacy supports this due to, among other reasons, the facepalm-inducing reasoning of the ambassador of Imperium Anglorum."
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Separatist Peoples
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Postby Separatist Peoples » Fri Aug 26, 2016 9:34 am

"This seems to all but legalize international intellectual property theft. That sounds like an awful goal, ambassador. While I accept that the international community would be harmed by exclusionary intellectual property hoarding, this swings the pendulum too far in the opposite direction. Nations would be disinclined to ship their newest patents abroad for fear of having their market advantage stolen, and many entities would be able to make a profit off of stealing others' work. The WA should not reward intellectual malfeasance."

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Tahkranul
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Postby Tahkranul » Fri Aug 26, 2016 1:03 pm

Wallenburg wrote:
Foreign Patent Act
Category: Free Trade || Strength: Mild || Proposed by: Wallenburg

Observing the importance of intellectual property rights in many member states,

Cognizant of the risks associated with unnecessary interference in national policy on intellectual property,

Honoring this Assembly's pledged commitment to national sovereignty with regard to economic philosophy and ideology,

The World Assembly hereby:

Grants member nations full authority to observe or recognize patents in general,

Prohibits member nations from coercing other nations into recognizing patents made in those member nations,

Requires those member nations that recognize patents to enforce them in good faith,

Highly encourages member nations to enforce foreign patents when appropriate.


Este sighs irritably.
"Dear, all this accomplishes is legalizing exploitation. It prevents member nations from being prosecuted for theft of foreign designs and provides such nations with the excuse of claiming they found it inappropriate to recognize any legal protections for the work of a foreign national. I keep hearing mention of a 'Reasonable Nation Theory' being bandied about, but find myself skeptical when such unreasonable drafts are being issued. It all seems very xenophobic, darling, which, if that's your thing, what are you doing in an assembly of such diverse cultures?"
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Wallenburg
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Civil Rights Lovefest

Postby Wallenburg » Fri Aug 26, 2016 1:36 pm

Separatist Peoples wrote:"This seems to all but legalize international intellectual property theft. That sounds like an awful goal, ambassador. While I accept that the international community would be harmed by exclusionary intellectual property hoarding, this swings the pendulum too far in the opposite direction. Nations would be disinclined to ship their newest patents abroad for fear of having their market advantage stolen, and many entities would be able to make a profit off of stealing others' work. The WA should not reward intellectual malfeasance."

"It is hardly my goal to legalize theft, Ambassador Bell. My proposal seeks to defend innovators from patent abuse from abroad, and to recognize member nations' right to their own basic economic model. If nations take that as a challenge to their own domestic development, they can deal with their paranoia on their own. Nevertheless, I'll look into moderating the effects of this proposal."
Tahkranul wrote:Este sighs irritably.
"Dear, all this accomplishes is legalizing exploitation. It prevents member nations from being prosecuted for theft of foreign designs and provides such nations with the excuse of claiming they found it inappropriate to recognize any legal protections for the work of a foreign national.

"Absolutely untrue, Ambassador."
[quoote]I keep hearing mention of a 'Reasonable Nation Theory' being bandied about, but find myself skeptical when such unreasonable drafts are being issued. It all seems very xenophobic, darling, which, if that's your thing, what are you doing in an assembly of such diverse cultures?"[/quote]
"Ambassador, please enlighten me: how does restricting abusive patent holding companies strike you as xenophobic?"
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Tahkranul
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Ex-Nation

Postby Tahkranul » Fri Aug 26, 2016 2:15 pm

"Wallenburg, darling, you prohibit member nations from 'coercing' other nations into recognizing their patents, thereby preventing them from enforcing their patents in international commerce entirely, or from seeking prosecution for violation of those patents by another member nation. Meanwhile, you merely encourage, however strenuously, member nation to acknowledge and respect another nation's patents 'where appropriate' rather than mandating they do so.
"I'm sorry to disappoint you dear, but the effect of your current draft is to grant member nations the right to trample over the intellectual property of other member nations without care. This is effectively xenophobic, darling. Fear, or, in this case, disregard of the alien, the stranger, that is, the foreign. Unless I'm missing something in the translation, I believe the English usage here is quite appropriate to the effect, if not the intent. If your intent, dear, is something other than that, the perhaps you'd best get on with redrafting."
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Wallenburg
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Postby Wallenburg » Fri Aug 26, 2016 3:24 pm

Tahkranul wrote:"Wallenburg, darling, you prohibit member nations from 'coercing' other nations into recognizing their patents, thereby preventing them from enforcing their patents in international commerce entirely, or from seeking prosecution for violation of those patents by another member nation. Meanwhile, you merely encourage, however strenuously, member nation to acknowledge and respect another nation's patents 'where appropriate' rather than mandating they do so.

"Ambassador, my name is Mikael Ogenbond, not Wallenburg. Regardless, I'll consider strengthening these clauses as you suggest."
"I'm sorry to disappoint you dear, but the effect of your current draft is to grant member nations the right to trample over the intellectual property of other member nations without care.

"Actually, it has the exact opposite effect. Member nations can no longer strip inventors of their intellectual property simply because they didn't get patents quickly enough."
This is effectively xenophobic, darling. Fear, or, in this case, disregard of the alien, the stranger, that is, the foreign. Unless I'm missing something in the translation, I believe the English usage here is quite appropriate to the effect, if not the intent. If your intent, dear, is something other than that, the perhaps you'd best get on with redrafting."

"Nothing in protecting member nations' rights is xenophobic. Just because I deny some nations the 'right' to oppress others does not make my policy xenophobic."
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Tahkranul
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Ex-Nation

Postby Tahkranul » Fri Aug 26, 2016 5:02 pm

Este grins broadly.
"Mikael Ogenbond, is it? Este. Este Vendecor. Such a pleasure to make your acquaintance at last, darling. Do please forgive me for addressing your delegation as a whole before we were properly introduced.
"Now, as to the matter of what you claim to be trying to do with your draft, dear, it's quite unfortunate, but nowhere in the draft itself do you make mention of protecting an individual's intellectual property from exploitation of abuse by a business or government. You allow for member nations that have patent systems and policies to have and enforce them domestically, but there's nothing there yet to back your rhetoric, dear.
"Also, I could be mistaken, being new, but is not the subject of the World Assembly attempting to set domestic policy for sovereign nations the single most contentious issue in the Assembly? I'll grant you, darling, that you and I may have a great deal more in common than it might seem currently, as Tahkranul constitutionally protects its citizens and workers from exploitation by business, state, or military.
"Oh, and dear, kindly refrain from empty rhetoric railing against oppression when speaking to a member of a revolution by the oppressed working classes against tyranny. It's quite alright for you to be unaware of that as I haven't been here long, darling, but really? Need I remind you again how your current draft actually grants member nations the 'right' to oppress other nations by ignoring foreign patents as they deem 'appropriate' without fear of prosecution? That prohibits clause we've just been over? Exacerbated by coupling with the highly encourages clause?
"Ogenbond, darling, perhaps a brief pause is in order. We'll have a few drinks, and then you can come back and redraft this to actually support your claims."
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States of Glory WA Office
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Postby States of Glory WA Office » Fri Aug 26, 2016 5:58 pm

I refuse to support patent legislation that doesn't ban patents outright. We're in 2016, dudes!

Separatist Peoples wrote:"This seems to all but legalize international intellectual property theft. That sounds like an awful goal, ambassador. While I accept that the international community would be harmed by exclusionary intellectual property hoarding, this swings the pendulum too far in the opposite direction. Nations would be disinclined to ship their newest patents abroad for fear of having their market advantage stolen, and many entities would be able to make a profit off of stealing others' work. The WA should not reward intellectual malfeasance."

Cry me a river. Enforcing a patent is theft, man. If something really groovy is created, why should people be forced to pay for that thing? If people were more chilled-out and less greedy, we wouldn't have this problem.

Imperium Anglorum wrote:Oppose due to, among other things, italicisation of the first words.

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The Greater Siriusian Domain
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Postby The Greater Siriusian Domain » Sat Aug 27, 2016 12:25 am

States of Glory WA Office wrote:Cry me a river. Enforcing a patent is theft, man. If something really groovy is created, why should people be forced to pay for that thing? If people were more chilled-out and less greedy, we wouldn't have this problem.


OOC: I myself am a patent holder - or will be once the bureaucracy overcomes its own inefficiencies and gets around to finalizing it. Anyway, as a soon-to-be patent holder, I would feel incredibly disrespected if some random company in China stole my idea and mass produced it at prices that my startup company couldn't compete with - not to mention it would probably ruin my life financially.
Last edited by The Greater Siriusian Domain on Sat Aug 27, 2016 12:26 am, edited 1 time in total.
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Sciongrad
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Postby Sciongrad » Sat Aug 27, 2016 5:40 am

The Greater Siriusian Domain wrote:
States of Glory WA Office wrote:Cry me a river. Enforcing a patent is theft, man. If something really groovy is created, why should people be forced to pay for that thing? If people were more chilled-out and less greedy, we wouldn't have this problem.


OOC: I myself am a patent holder - or will be once the bureaucracy overcomes its own inefficiencies and gets around to finalizing it. Anyway, as a soon-to-be patent holder, I would feel incredibly disrespected if some random company in China stole my idea and mass produced it at prices that my startup company couldn't compete with - not to mention it would probably ruin my life financially.

OOC: But you're oppressing the Chinese by not allowing them to steal your invention. :roll:
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Wallenburg
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Postby Wallenburg » Sat Aug 27, 2016 6:30 am

"Edits have been made to essentially reconstruct the active clauses. More work is to come."
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States of Glory WA Office
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Postby States of Glory WA Office » Sat Aug 27, 2016 8:45 am

The Greater Siriusian Domain wrote:
States of Glory WA Office wrote:Cry me a river. Enforcing a patent is theft, man. If something really groovy is created, why should people be forced to pay for that thing? If people were more chilled-out and less greedy, we wouldn't have this problem.


OOC: I myself am a patent holder - or will be once the bureaucracy overcomes its own inefficiencies and gets around to finalizing it. Anyway, as a soon-to-be patent holder, I would feel incredibly disrespected if some random company in China stole my idea and mass produced it at prices that my startup company couldn't compete with - not to mention it would probably ruin my life financially.

OOC: I'm not opposed to patents. That was just Rowan speaking IC. :)
Ambassador: Bartholomew Harper Fairburn Rowan Flowerhaze Souldream Bartholomew Harper Fairburn
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Tahkranul
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Postby Tahkranul » Sat Aug 27, 2016 10:19 am

Wallenburg wrote:"Edits have been made to essentially reconstruct the active clauses. More work is to come."


"And excellent edits you've made thus far, too! Thank you. Now this draft looks like a promising starting point. I shall await the forthcoming work eagerly and -- perhaps more importantly for you, Ogenbond, darling -- quietly." Este winks mischievously.
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Wallenburg
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Postby Wallenburg » Sat Aug 27, 2016 10:28 am

Tahkranul wrote:
Wallenburg wrote:"Edits have been made to essentially reconstruct the active clauses. More work is to come."


"And excellent edits you've made thus far, too! Thank you. Now this draft looks like a promising starting point. I shall await the forthcoming work eagerly and -- perhaps more importantly for you, Ogenbond, darling -- quietly." Este winks mischievously.

"Um..." Ogenbond shifts around uncomfortably in his chair, looking between Ambassador Vendecor and the gold wedding bracelet wrapped around his right wrist. "Um..."
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Separatist Peoples
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Postby Separatist Peoples » Sat Aug 27, 2016 10:48 am

"This still allows states to refuse to recognize patents either entirely or selectively. It requires only that patents be evaluated without bias to their origin, and that the same standards be applied, so states could still find it valuable to selectively refuse to recognize patents on particular technologies, foreign or domestic, that they wish to reproduce without license. As such, states would have no real recourse to deal with a foreign government that has elected not to recognize a particular suite of patents and reproduces it illegally.

"All states should be required to recognize and respect foreign patents, even if it is only for a limited period of time to profit off of the exclusivity, depending on the field. Even if a state does not require patents domestically, it should not be allowed to ignore foreign patents, especially when engaging in international commerce."

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Wallenburg
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Postby Wallenburg » Sat Aug 27, 2016 10:51 am

Separatist Peoples wrote:"This still allows states to refuse to recognize patents either entirely or selectively. It requires only that patents be evaluated without bias to their origin, and that the same standards be applied, so states could still find it valuable to selectively refuse to recognize patents on particular technologies, foreign or domestic, that they wish to reproduce without license. As such, states would have no real recourse to deal with a foreign government that has elected not to recognize a particular suite of patents and reproduces it illegally.

"I see no problem here. Unless you are really arguing that member nations should prioritize the business interests of distant foreigners over their own legal citizens, treating patent claims equally ought to be protection enough of foreigners' intellectual property."
"All states should be required to recognize and respect foreign patents, even if it is only for a limited period of time to profit off of the exclusivity, depending on the field. Even if a state does not require patents domestically, it should not be allowed to ignore foreign patents, especially when engaging in international commerce."

"I refuse to discard member states' right to their own economic systems like some piece of rubbish, Ambassador."
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Separatist Peoples
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Postby Separatist Peoples » Sat Aug 27, 2016 10:53 am

Wallenburg wrote:
Separatist Peoples wrote:"This still allows states to refuse to recognize patents either entirely or selectively. It requires only that patents be evaluated without bias to their origin, and that the same standards be applied, so states could still find it valuable to selectively refuse to recognize patents on particular technologies, foreign or domestic, that they wish to reproduce without license. As such, states would have no real recourse to deal with a foreign government that has elected not to recognize a particular suite of patents and reproduces it illegally.

"I see no problem here. Unless you are really arguing that member nations should prioritize the business interests of distant foreigners over their own legal citizens, treating patent claims equally ought to be protection enough of foreigners' intellectual property."
"All states should be required to recognize and respect foreign patents, even if it is only for a limited period of time to profit off of the exclusivity, depending on the field. Even if a state does not require patents domestically, it should not be allowed to ignore foreign patents, especially when engaging in international commerce."

"I refuse to discard member states' right to their own economic systems like some piece of rubbish, Ambassador."



"You are sanctioning theft of intellectual property, ambassador. Theft. There is no circumstance under which theft of private property, even intangible, is acceptable."

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Wallenburg
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Postby Wallenburg » Sat Aug 27, 2016 10:55 am

Separatist Peoples wrote:"You are sanctioning theft of intellectual property, ambassador. Theft. There is no circumstance under which theft of private property, even intangible, is acceptable."

"No, Ambassador, I am not."
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Separatist Peoples
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Postby Separatist Peoples » Sat Aug 27, 2016 10:56 am

Wallenburg wrote:
Separatist Peoples wrote:"You are sanctioning theft of intellectual property, ambassador. Theft. There is no circumstance under which theft of private property, even intangible, is acceptable."

"No, Ambassador, I am not."


"Do explain, then, how deliberately ignoring a foreign patent, a protection of one's intellectual property, to produce unlicensed versions of that technology is anything less?"

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Wallenburg
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Postby Wallenburg » Sat Aug 27, 2016 11:02 am

Separatist Peoples wrote:"Do explain, then, how deliberately ignoring a foreign patent, a protection of one's intellectual property, to produce unlicensed versions of that technology is anything less?"

"Ambassador, foreign patents are exactly that. Foreign. They are approved by national governments whose jurisdictions extend to neither your nation nor mine. The rights associated with them exist only within those nations that choose to recognize them. Ignoring a foreign patent is not theft, but rather an understanding that one nation has no obligation to submit to the stipulations of another's foreign legal agreement."
Last edited by Wallenburg on Sat Aug 27, 2016 11:03 am, edited 1 time in total.
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Separatist Peoples
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Postby Separatist Peoples » Sat Aug 27, 2016 11:09 am

Wallenburg wrote:
Separatist Peoples wrote:"Do explain, then, how deliberately ignoring a foreign patent, a protection of one's intellectual property, to produce unlicensed versions of that technology is anything less?"

"Ambassador, foreign patents are exactly that. Foreign. They are approved by national governments whose jurisdictions extend to neither your nation nor mine. The rights associated with them exist only within those nations that choose to recognize them. Ignoring a foreign patent is not theft, but rather an understanding that one nation has no obligation to submit to the stipulations of another's foreign legal agreement."


"Then you have a category violation, ambassador, because intellectual property theft is a hindrance to free trade, which seeks to break down barriers to promote trade. In a global economy where products are produced and marketed across legal jurisdictions, taking the intellectual property of another from a foreign jurisdiction disincentives trade and innovation. By allowing nations to pirate technology and reproduce it at a profit without paying licenses or obtaining permission, you are undermining the motivators of technological development and trade. The threat of piracy and loss of profit is a strong incentive for technology companies to focus their trade internally, or to limit it to partners who will respect their intellectual property, thus stifling trade.

"If you were limiting this use to noncommercial uses, such as a government reproducing, say, fiber optic cables to improve their emergency notification systems, I wouldn't have an issue with it. Noncommercial infringement isn't theft, because no profit is being generated. But to allow blatant commercial piracy? Any nation with an Information Technology sector worth a damn will see this as a source for trillions upon trillions of greenbacks lost to unauthorized resale of proprietary information."

OOC: The FBI has something to say on the topic:

Intellectual property theft involves robbing people or companies of their ideas, inventions, and creative expressions—known as “intellectual property”—which can include everything from trade secrets and proprietary products and parts to movies, music, and software.

It is a growing threat—especially with the rise of digital technologies and Internet file sharing networks. And much of the theft takes place overseas, where laws are often lax and enforcement is more difficult. All told, intellectual property theft costs U.S. businesses billions of dollars a year and robs the nation of jobs and tax revenues.

Preventing intellectual property theft is a priority of the FBI’s criminal investigative program. It specifically focuses on the theft of trade secrets and infringements on products that can impact consumers’ health and safety, such as counterfeit aircraft, car, and electronic parts. Key to the program’s success is linking the considerable resources and efforts of the private sector with law enforcement partners on local, state, federal, and international levels.

https://www.fbi.gov/investigate/white-c ... y-ip-theft


I haven't even gotten to the USPTO's regulations on the topic.
Last edited by Separatist Peoples on Sat Aug 27, 2016 11:11 am, edited 1 time in total.

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Wallenburg
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Postby Wallenburg » Sat Aug 27, 2016 11:22 am

Separatist Peoples wrote:"Then you have a category violation, ambassador, because intellectual property theft is a hindrance to free trade, which seeks to break down barriers to promote trade.

"My proposal is a Free Trade proposal, Ambassador. In case you had not noticed, it requires member nations to make several major concessions to foreign patent holders. That it does not allow those patent holders to exercise absolute power over member nations' economies does not result in a category violation."
In a global economy where products are produced and marketed across legal jurisdictions, taking the intellectual property of another from a foreign jurisdiction disincentives trade and innovation. By allowing nations to pirate technology and reproduce it at a profit without paying licenses or obtaining permission, you are undermining the motivators of technological development and trade. The threat of piracy and loss of profit is a strong incentive for technology companies to focus their trade internally, or to limit it to partners who will respect their intellectual property, thus stifling trade.

"Such is the way of international trade, Ambassador. As it is, this proposal greatly limits those issues. If you wish to further reduce barriers to patent holders' monopolization of the international marketplace, you can try engaging in diplomacy."
"If you were limiting this use to noncommercial uses, such as a government reproducing, say, fiber optic cables to improve their emergency notification systems, I wouldn't have an issue with it. Noncommercial infringement isn't theft, because no profit is being generated. But to allow blatant commercial piracy? Any nation with an Information Technology sector worth a damn will see this as a source for trillions upon trillions of greenbacks lost to unauthorized resale of proprietary information."

"I fail to see how holding foreign patents to the same standards as domestic ones qualifies as 'blatant commercial piracy'."
Last edited by Wallenburg on Sat Aug 27, 2016 11:33 am, edited 1 time in total.
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