[ABANDONED] Barrister's Employment Act

[States of Glory WA Office]

Barrister's Employment Act
Category: Advancement of Industry | Area of Effect: Protective Tariffs

The World Assembly (patent pending),

NOTING that there have been numerous resolutions, repeals, replacements and repeals of those replacements regarding the issue of international patent law,

WORRIED that certain ambassadors have resorted to ridiculous argumentation, ad hominems, name-calling, strawmen, strawwomen and making rude comments about other ambassadors' mothers in order to push their agenda regarding international patent law,

WISHING nonetheless to address concerns about the international trade of goods which violate patent laws,

BELIEVING that the trade of such goods has the potential to cause a hazard to inventors and innovation,

CONCERNED about the fact that many barristers have been unable to extort the common folk due to a severe shortage of legal cases,

HOPING that this madness can finally end,

HEREBY:

1. REQUIRES member states to forbid the import and export of any items which violate any applicable international patent laws,
   
   
2. REQUIRES member states to forbid the import of any items which violate the national patent laws of the exporting state,
   
   
3. REQUIRES member states to forbid the export of any items which violate the national patent laws of the importing state,
   
   
4. DECLINES to comment on how these requirements are to be enforced, thus facilitating a subsequent increase in civil lawsuits, excessive bureaucracy and mountains of paperwork,
   
   
5. URGES member states to think of the barristers,
   
   
6. RESERVES to member states the absolute right to manage their own patent systems in accordance with extant legislation,
   
   
7. CLARIFIES that nothing in this resolution establishes an international patent system.

Neville: Here it is, by not-so-popular demand. Enjoy dissecting this proposal.

Fairburn: Also, just to be clear, we've patented the patent system. Pay us.

[States of Glory WA Office]

Barrister's Employment Act
Category: Advancement of Industry | Area of Effect: Protective Tariffs

The World Assembly (patent pending),

NOTING that there have been numerous resolutions, repeals, replacements and repeals of those replacements regarding the issue of international patent law,

WORRIED that certain ambassadors have resorted to ridiculous argumentation, ad hominems, name-calling, strawmen, strawwomen and making rude comments about other ambassadors' mothers in order to push their agenda regarding international patent law,

WISHING nonetheless to address concerns about the international trade of goods which violate patent laws,

BELIEVING that the trade of such goods has the potential to cause a hazard to inventors and innovation,

HOPING that this madness can finally end,

HEREBY:

1. REQUIRES member states to forbid the import and export of any items which violate any applicable international patent laws,
   
   
2. REQUIRES member states to forbid the import of any items which violate the national patent laws of the exporting state,
   
   
3. REQUIRES member states to forbid the export of any items which violate the national patent laws of the importing state,
   
   
4. RESERVES to member states the absolute right to manage their own patent systems in accordance with extant legislation,
   
   
5. CLARIFIES that nothing in this resolution establishes an international patent system.

[Imperium Anglorum]

> REQUIRES member states to forbid the import of any items which violate the national patent laws of the exporting state,
> REQUIRES member states to forbid the export of any items which violate the national patent laws of the importing state,

PARSONS: We are not enforcing other nations' laws in our nation.

[Separatist Peoples]

> REQUIRES member states to forbid the import of any items which violate the national patent laws of the exporting state,
> REQUIRES member states to forbid the export of any items which violate the national patent laws of the importing state,

PARSONS: We are not enforcing other nation's laws in our nation.

"Perhaps the author should hold the state agencies associated with international commerce regulation civilly liable for turning a blind eye to this kind of illegal trade? If Agency A, in charge of international commerce regulation in Member State A, allows Merchant A to deliberately export a product in violation of a Patent in Member State B to Member State B's market, Agency A, and therefore Member State A is liable for lost profits, because it failed to ensure that Merchant A was in compliance with international law, proximately causing loss of profit to parties in Member State B. Its only fair that you not contribute to illegal theft."

[The United Royal Islands of Euramathania]

The Amabassador from The United Royal Isles of Euramathania, The Honorable J. Everett:
We applaud the effort to further clarify international patent laws and provide more robust protections than exist within the current framework.
However to this point, We are concerned that the resolution here proposed does not adaquately address the protections of smaller nations within the patent agency established under the existing resolution. We recommend that this resolution be expanded to clarify that the WAPS, must provide exemptions to patents on a limited basis: such as the existence of identical or duplicate patents held by different entities from different nations, and that no international patent should be granted if there exists legitimate dispute over the origin and originality of the invention, nor for any which appropriates the cultures, traditions, or works of other nations. There has long been record and evidence of larger imperial powers using their dominance to lay claim and rights to the works of their neighbors. In its current formulation the WAPS has far too wide of discression in its mandate to collect and apply patents internationally. We feel such leeway is rife for abuse by larger more influential nations, and perpetuates the hegemonic status of imperial powers. We sincerely hope the author of this resolution, takes this concern seriously.
Finally we do have one overall concern regarding this approach to the problem at hand. We are worried that this would fall under the definition of an amendment to existing legislation. While not directly amending the target resolution, nor does it reference it: this resolution bares similar hallmarks to an amendment. Though this could be a testament to how large a loophole truly exists within this area of international law. We hope that this is the case, and support the clarification of international laws in this area.

[Imperium Anglorum]

> REQUIRES member states to forbid the import of any items which violate the national patent laws of the exporting state,
> REQUIRES member states to forbid the export of any items which violate the national patent laws of the importing state,

PARSONS: We are not enforcing other nation's laws in our nation.

"Perhaps the author should hold the state agencies associated with international commerce regulation civilly liable for turning a blind eye to this kind of illegal trade? If Agency A, in charge of international commerce regulation in Member State A, allows Merchant A to deliberately export a product in violation of a Patent in Member State B to Member State B's market, Agency A, and therefore Member State A is liable for lost profits, because it failed to ensure that Merchant A was in compliance with international law, proximately causing loss of profit to parties in Member State B. Its only fair that you not contribute to illegal theft."

PARSONS: That would be a massive violation of Crown immunity. The Crown cannot be called to testify or defend in the courts which the Crown creates and provides. Secondarily, this would also have the issue of significantly increasing civil litigation.

P: Courts generally have the practice of imposing injunctions which would force the agency in question to stop doing whatever it is they are doing. Due to the lethargy of the courts and their ineffectiveness at determining adequate compensation, it would be easy for people to abuse this system (especially since we have already guaranteed due process) by starting a number of suits. Even if those suits were to be adjudicated quickly, it would create a fragmented system with wildly different precedents over different jurisdictions which would take a long amount of time to correct. All of this reduces the efficiency of government, which either detracts from other programmes or requires tax levies.

[Separatist Peoples]

PARSONS: That would be a massive violation of Crown immunity. The Crown cannot be called to testify or defend in the courts which the Crown creates and provides.

"Guess the Crown will have to be subject to foreign jurisdiction. That, or an exception would have to be made in order for the Crown to be in compliance."

Secondarily, this would also have the issue of significantly increasing civil litigation.

"Think of it as the Barrister's Full Employment Act. Or, alternatively, don't actively contribute to patent theft."

P: Courts generally have the practice of imposing injunctions which would force the agency in question to stop doing whatever it is they are doing.

"Only if you specify injunctive relief as an option. It would be simple to restrict this to damages. Alternatively, you can always argue at a hearing for the injunction to be narrowly tailored in the name of public interest."

Due to the lethargy of the courts and their ineffectiveness at determining adequate compensation, it would be easy for people to abuse this system (especially since we have already guaranteed due process) by starting a number of suits.

"That sounds an awful lot like a failure of your court system and not a justification to continue contributing to theft. If your court system is overly burdened, perhaps you ought expand it to appropriately deal with the legal issues you face."

Even if those suits were to be adjudicated quickly, it would create a fragmented system with wildly different precedents over different jurisdictions which would take a long amount of time to correct.

"The presence of a tactical advantage of jurisdiction in litigation doesn't require doing away with the system entirely. Nor either does a disparity in international standards. If an individual wishes to bring suit in a foreign court, it is their responsibility for determining the local rules and precedents. Theoretically, your government only needs to worry about your own civil policy."
All of this reduces the efficiency of government, which either detracts from other programmes or requires tax levies.[/quote]

[States of Glory WA Office]

"Think of it as the Barrister's Full Employment Act."

Neville: An excellent idea, Ambassador Bell!

[Separatist Peoples]

"Think of it as the Barrister's Full Employment Act."

Neville: An excellent idea, Ambassador Bell!

"Well, its hardly the Barrister's Full Employment Act when you make a prima facie case out of it by absolute statutes! You have to open up entities to litigation! Make ambiguities! Competing jurisdictions where there is an issue as to which court is appropriate! You have to make this more complicated to improve attorney employment, not less!"

[States of Glory WA Office]

Neville: An excellent idea, Ambassador Bell!

"Well, its hardly the Barrister's Full Employment Act when you make a prima facie case out of it by absolute statutes! You have to open up entities to litigation! Make ambiguities! Competing jurisdictions where there is an issue as to which court is appropriate! You have to make this more complicated to improve attorney employment, not less!"

Neville: Is this proposal not ambiguous enough? Does this proposal not decline to comment on how exactly member states are supposed to enforce these mandates?

[Separatist Peoples]

"Well, its hardly the Barrister's Full Employment Act when you make a prima facie case out of it by absolute statutes! You have to open up entities to litigation! Make ambiguities! Competing jurisdictions where there is an issue as to which court is appropriate! You have to make this more complicated to improve attorney employment, not less!"

Neville: Is this proposal not ambiguous enough? Does this proposal not decline to comment on how exactly member states are supposed to enforce these mandates?

"Thats the problem! Theoretically, a member state could solve that problem by making the issue unambiguous! You need to create the ambiguity! Thus why you should open the door to tort action."

[Calladan]

Reserved for previous drafts...

I realise this has little to do with the draft proposal itself, but *shrug* :-

I have seen this statement (or variances thereof) several times, and still have no buggering clue what it means.

So - what does it mean?

[States of Glory WA Office]

Reserved for previous drafts...

I realise this has little to do with the draft proposal itself, but *shrug* :-

I have seen this statement (or variances thereof) several times, and still have no buggering clue what it means.

So - what does it mean?

OOC: If I make a new draft, I post the old draft in that post. It saves room in the opening post and is also much easier to edit in.

[States of Glory WA Office]

Harold enters the chamber dressed as a barrister.

Harold: OBJECTION! No-one has commented on this proposal in over a month!

[Bakhton]

Lara sips her midevening tea and leans back in her chair like teachers always tell students not to.

The World Assembly (patent pending),

"Ha." Lara points this out to Jeffrey. "If anyone's going to patent the World Assembly, I'd bet it'd be Auralia."

WORRIED that certain ambassadors have resorted to ridiculous argumentation, ad hominems, name-calling, strawmen, strawwomen and making rude comments about other ambassadors' mothers in order to push their agenda regarding international patent law,

"Pfft, we all know ambassadordom is the height of respectable debate!"

REQUIRES member states to forbid the import and export of any items which violate any applicable international patent laws,

"Any patent law? That seems rather broad and unwieldy. What about instances where nations hold conflicting patent ownership over a good?"

REQUIRES member states to forbid the import of any items which violate the national patent laws of the exporting state,

"No comment, this clause is acceptable."

REQUIRES member states to forbid the export of any items which violate the national patent laws of the importing state,

"Our nation can work with this."

RESERVES to member states the absolute right to manage their own patent systems in accordance with extant legislation,

"Oh, Ambassador," Lara smiles, "you're going to make a lot of socialist states like mine happy interpreting this clause."

CLARIFIES that nothing in this resolution establishes an international patent system.

"We like it. Our only concern is that of the 'any patent' line in the first mandate. If that is limited in scope we shall happily accept this proposal."

Fairburn: Also, just to be clear, we've patented the patent system. Pay us.

"Jokes on you, we have no patent system!"

[Separatist Peoples]

Lara sips her midevening tea and leans back in her chair like teachers always tell students not to.

The World Assembly (patent pending),

"Ha." Lara points this out to Jeffrey. "If anyone's going to patent the World Assembly, I'd bet it'd be Auralia."

WORRIED that certain ambassadors have resorted to ridiculous argumentation, ad hominems, name-calling, strawmen, strawwomen and making rude comments about other ambassadors' mothers in order to push their agenda regarding international patent law,

"Pfft, we all know ambassadordom is the height of respectable debate!"

REQUIRES member states to forbid the import and export of any items which violate any applicable international patent laws,

"Any patent law? That seems rather broad and unwieldy. What about instances where nations hold conflicting patent ownership over a good?"

REQUIRES member states to forbid the import of any items which violate the national patent laws of the exporting state,

"No comment, this clause is acceptable."

REQUIRES member states to forbid the export of any items which violate the national patent laws of the importing state,

"Our nation can work with this."

RESERVES to member states the absolute right to manage their own patent systems in accordance with extant legislation,

"Oh, Ambassador," Lara smiles, "you're going to make a lot of socialist states like mine happy interpreting this clause."

CLARIFIES that nothing in this resolution establishes an international patent system.

"We like it. Our only concern is that of the 'any patent' line in the first mandate. If that is limited in scope we shall happily accept this proposal."

Fairburn: Also, just to be clear, we've patented the patent system. Pay us.

"Jokes on you, we have no patent system!"

"Fortunately, international law prevents you from exploiting the lack of a patent system. It's a shame, though, that you've chosen not to encourage technology development competition."

Requires all member states without patent systems to refrain from asserting intellectual property beyond their own borders.

"The law, in pertinent part. As a heads up, of course."

[Bakhton]

Requires all member states without patent systems to refrain from asserting intellectual property beyond their own borders.
"The law, in pertinent part. As a heads up, of course."

"We're fine with that, as long as we're not forced to adopt a patent system."

[States of Glory WA Office]

Requires all member states without patent systems to refrain from asserting intellectual property beyond their own borders.
"The law, in pertinent part. As a heads up, of course."

"We're fine with that, as long as we're not forced to adopt a patent system."

Harold: You're taking legal advice from a nation that considers plunder to be "legal fees"? And I thought I was a clown!

[Bakhton]

"We're fine with that, as long as we're not forced to adopt a patent system."

Harold: You're taking legal advice from a nation that considers plunder to be "legal fees"? And I thought I was a clown!

"Well, multiculturalism is a strong value taught in Bakhtonian education."

[Separatist Peoples]

"We're fine with that, as long as we're not forced to adopt a patent system."

Harold: You're taking legal advice from a nation that considers plunder to be "legal fees"? And I thought I was a clown!

"Ambassador, what do you think high end attorney's fees are if not plunder?"

[Imperium Anglorum]

"Ambassador, what do you think high end attorney's fees are if not plunder?"

PARSONS: Rents.

[Separatist Peoples]

"Ambassador, what do you think high end attorney's fees are if not plunder?"

PARSONS: Rents.

"Those are court fees."

[Imperium Anglorum]

PARSONS: Rents.

"Those are court fees."

OOC: https://en.wikipedia.org/wiki/Economic_rent

[States of Glory WA Office]

Barbera: Since the issue of international patent legislation has resurfaced, we have decided to revive this draft.

Fairburn: Remember, debate is an official patent held by the States of Glory WA Office. The checkout machines should be at the entrance.

[Imperium Anglorum]

If this question of employment for barristers is going to be 'the joke' of the thread, I would recommend that you change it to 'Lawyer's', if not for the fact that most NS players are Americans and having to make them think about it before getting the joke isn't going to be good for your vote count.