[PASSED] Repeal "International Patent Agreement"

[Goobergunchia]

A member of the Heidgaudrian mission steps up to the pulpit. “M’ name’s Janus Vílvotr and I’m filling in for Ambassador Trelstad while he recovers from a vicious hangover. I’ve come to introduce a Repeal of GAR#394: International Patent Agreement, with plans to repeal #232: Foreign Copyright Recognition and #256: Foreign Trademark Recognition should we be successful in this initial endeavor".

He takes a flask from his jacket pocket and takes a large swig. He lets out a long sigh. “Let’s dispense with all the pretentious bullshit,” he growls into the microphone. “I want something repealed, and I don’t give a shit if some people don’t want it repealed. If you’re one of those ideologically opposed to the free expression of ideas, then consider me ideologically opposed to your existence.”

Repeal "International Patent Agreement"

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Category: Repeal || Resolution: GAR #394 || Proposed by: Heidgaudr

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The General Assembly,

Recognizing that many member nations realize significant and tangible economic benefits through the recognition of patents;

Contending that economic benefit should not be the only measurement for deciding the legitimacy of patents;

Saddened that patents allow rightsholders to deny those most in need access to lifesaving inventions, such as medical treatments, due to external factors, such as being poor;

Believing the only solution is through the repeal of the target resolution;

Certain that member nations are able to capably handle the application and granting of patents according to their economic and ideological needs without the imposition of World Assembly legislation;

Hereby repeals General Assembly Resolution #394 "International Patent Agreement".

[Heidgaudr]

-=Rejected Patent Applications=-

The World Assembly,

Recognizing that many member nations see economic benefits through the recognition of patents;

Refuting the belief that this fact necessitates the recognition of foreign patents for all member nations;

Disquieted that the target resolution undermines many nations’ economic systems by forcing the adoption of one model for private property in nations with opposing and contradictory models for property;

Astounded at the target resolution’s audacity in forcing member nations to cede the means of production to foreign nationals without giving proper compensation;

Perturbed by the judicious use of the word “appropriate” and the surprising lack of detail as to the duties and authority of the World Assembly Patent Office (WAPO), whereby abrogating legislative responsibility and passing it on to an unanswerable committee;

Uneasy from the both incredibly broad and incredibly vague authority given to the World Assembly Patent Office (WAPO), whereby creating a labyrinthine bureaucratic morass that is nearly impossible to navigate except for those with enough money and influence to hire a highly-trained expert;

Disgusted that the systems implemented by the target resolution serve to enrich monolithic corporations and ultra-wealthy individuals while imposing massive barriers to independent creators and inventors;

Bemused by the laughable lip service the target resolution pays to all inventors while demonstrably only aiding the richest few;

Certain that member nations are able to capably handle the application and granting of patents according to their economic and ideological needs without the imposition of World Assembly legislation;

Hereby repeals General Assembly Resolution #394 “International Patent Agreement”.

The General Assembly,

Recognizing that many member nations realize significant and tangible economic benefits through the recognition of patents;

Contending that economic benefit should not be the only measurement for deciding the patentability of inventions;

Saddened that many lifesaving inventions, such as medical treatments and agricultural advancements, are denied to those most in need due to them not being able to afford them;

Seeking a solution wherein inventors are not financially incentivized to withhold lifesaving inventions;

Certain that member nations are able to capably handle the application and granting of patents according to their economic and ideological needs without the imposition of World Assembly legislation;

Hereby repeals General Assembly Resolution #394 “International Patent Agreement”.

The General Assembly,

Recognizing that many member nations realize significant and tangible economic benefits through the recognition of patents;

Contending that economic benefit should not be the only measurement for deciding the patentability of inventions;

Saddened that many lifesaving inventions, such as medical treatments and agricultural advancements, are denied to those most in need due to them not being able to afford them;

Believing the only solution is through the repeal of the target resolution;

Certain that member nations are able to capably handle the application and granting of patents according to their economic and ideological needs without the imposition of World Assembly legislation;

Hereby repeals General Assembly Resolution #394 “International Patent Agreement”.

The General Assembly,

Recognizing that many member nations realize significant and tangible economic benefits through the recognition of patents;

Contending that economic benefit should not be the only measurement for deciding the patentability of inventions;

Saddened that patents allow rightsholders to deny those most in need access to lifesaving inventions, such as medical treatments, due to being poor;

Believing the only solution is through the repeal of the target resolution;

Certain that member nations are able to capably handle the application and granting of patents according to their economic and ideological needs without the imposition of World Assembly legislation;

Hereby repeals General Assembly Resolution #394 “International Patent Agreement”.

[Heidgaudr]

Notes on the First Draft

Recognizing that many member nations see economic benefits through the recognition of patents;

Refuting the belief that this fact necessitates the recognition of foreign patents for all member nations;

Disquieted that the target resolution undermines many nations’ economic systems by forcing the adoption of one model for private property in nations with opposing and contradictory models for property;

Astounded at the target resolution’s audacity in forcing member nations to cede the means of production to foreign nationals without giving proper compensation;

These are primarily ideological arguments. If they prove to be an impediment, I’ll consider removing them or at the very least modifying them to be less objectionable. However I’d IC’ly prefer to have a strong leftist argument in the repeal if at all possible.

Perturbed by the judicious use of the word “appropriate” and the surprising lack of detail as to the duties and authority of the World Assembly Patent Office (WAPO), whereby abrogating legislative responsibility and passing it on to an unanswerable committee;

Uneasy from the both incredibly broad and incredibly vague authority given to the World Assembly Patent Office (WAPO), whereby creating a labyrinthine bureaucratic morass that is nearly impossible to navigate except for those with enough money and influence to hire a highly-trained expert;

Disgusted that the systems implemented by the target resolution serve to enrich monolithic corporations and ultra-wealthy individuals while imposing massive barriers to independent creators and inventors;

Auralia’s (through Railana) previous patent resolution, #347: Foreign Patent Recognition, was repealed partly due to many of the specific requirements and rights enumerated within. So to get around this and not give detractors such easy repeal hooks, Auralia instead created WAPO and basically said “whatever’s reasonable, they do”.

This is something I really don’t like. By the same logic, we could just pass incredibly vague laws that pass most responsibilities off to committees who pass regulations that are perfectly good and perfectly reasonable. There’s some necessity to having committees because of character count, differences in members’ ideologies and tech levles, etc., sure, but #394’s strategy leaves a very bitter taste in my mouth. It robs us of all the fun, intrigue, and interest in this part of the game.

So since I can’t put any of that OOC stuff in the proposal, I instead interpret the vagueness of WAPO’s mandates as creating a difficult-to-manage bureaucracy – which IRL is often the case in these sorts of things. If you disagree with how I’ve interpreted it, I’m fine changing it provided there’s a compelling argument to do so.

[Magecastle Embassy Building A5]

"Full support with no replacement."

~Alexander Nicholas Saverchenko-Coletti,
World Assembly Ambassador,
The Empire of The Ice States

[Cretox State]

Lorica, via video call from a lifeboat quickly sailing away from a burning oil rig in State waters: "I think there's a line of non-ideological argument you can pursue, ambassador! The resolution doesn't establish any process for granting patent waivers, even in situations where the subject of the patent is essential for humanitarian reasons. A company with a WAPO-patented disease detection, energy, agricultural, or other technology could restrict access to a member in dire need of that technology.

Are you sure you aren't interested in any sort of replacement?"

[Heidgaudr]

Lorica, via video call from a lifeboat quickly sailing away from a burning oil rig in State waters: "I think there's a line of non-ideological argument you can pursue, ambassador! The resolution doesn't establish any process for granting patent waivers, even in situations where the subject of the patent is essential for humanitarian reasons. A company with a WAPO-patented disease detection, energy, agricultural, or other technology could restrict access to a member in dire need of that technology.

Are you sure you aren't interested in any sort of replacement?"

"What in the gods above-" Janus mutters when the video call is patched through. His eyes go bug-eyed at the environmental devastation caused by the burning oil rig. He reaches for his jacket pocket with his left hand, momentarily forgetting that it was still in his right hand. He takes an even longer drink.

"GAR#41 "Access to Life-Saving Drugs" prevents several of the situations you mention, however, we'll take your comment under advisement for future drafts."

"I have no interest in replacing this resolution, and likely will oppose efforts to replace it. The Associated Communities will not fall prey to locust capitalism again!"

[Cretox State]

"What in the gods above-" Janus mutters when the video call is patched through. His eyes go bug-eyed at the environmental devastation caused by the burning oil rig. He reaches for his jacket pocket with his left hand, momentarily forgetting that it was still in his right hand. He takes an even longer drink.

Several fighter jets zoom overhead, before being engaged by a swarm of small unmanned drones. Lorica takes aim with the surface-to-air missile launcher mounted on the lifeboat and hits one of the jets, which then spirals directly into the oil rig, causing an even larger conflagration.

"GAR#41 "Access to Life-Saving Drugs" prevents several of the situations you mention, however, we'll take your comment under advisement for future drafts."

"A proprietary disease testing technology isn't a medication or a vaccine, and so wouldn't be covered by 41. Regardless, 41's waiver provisions are highly limited, and I'd even argue that the target renders them irrelevant. At the very least, the target doesn't provide for any future waiver provisions that the WA may deem necessary. I encourage your delegation to include these kinds of flaws with this target. A repeal attempt that relies solely on ideological arguments may not fare well at vote."

"I have no interest in replacing this resolution, and likely will oppose efforts to replace it. The Associated Communities will not fall prey to locust capitalism again!"

"That's a shame, ambassador. Though members have negotiated their own international patent agreements before the target passed and will continue to do so."

[Juansonia]

He takes a flask from his jacket pocket and takes a large swig. He lets out a long sigh. “Let’s dispense with all the pretentious bullshit,” he growls into the microphone. “I want something repealed, and I don’t give a shit if some people don’t want it repealed. If you’re one of those ideologically opposed to the free expression of ideas, then consider me ideologically opposed to your existence.”

"Claiming that everyone who opposes a repeal does so on ideological grounds is already a bad decision on your part, but you really went the extra mile by implicitly threatening politicide." - Maria-Fernanda Novo, WA Ambassador for the Armed Republic of Juansonia

Refuting the belief that this fact necessitates the recognition of foreign patents for all member nations;

"How can patents be useful if foreign sweatshops are allowed to make cheap knock-offs and sell them in the country of invention? Most custom inspectors can't identify patent infringement, so the only other way to keep infringers out of the market is to embargo countries which host infringers. Imagine what would happen if embargoes, one of the most agressive non-war options there is, became commonplace." - Maria-Fernanda Novo, Ambassador

Disquieted that the target resolution undermines many nations’ economic systems by forcing the adoption of one model for private property in nations with opposing and contradictory models for property;

"I do not believe that the target forces the adoption of private-property systems. One could easily argue that all patents produced by state workers are created by the state, since the worker is acting on behalf of the state, and that said rights are rights of the state. " Maria-Fernanda Novo, Ambassador

Astounded at the target resolution’s audacity in forcing member nations to cede the means of production to foreign nationals without giving proper compensation;

"It does no such thing. Clause 3B's limits prevent the patenting of things which are obvious to skilled workers of the same field, and it also prohibits the patenting of things which were made public knowledge prior to the patent application. Unless you construe a nation's means of production to include techinques which do not exist, the target does nothing which requires anyone to cede any means of production." Maria-Fernanda Novo, Ambassador

Perturbed by the judicious use of the word “appropriate” and the surprising lack of detail as to the duties and authority of the World Assembly Patent Office (WAPO), whereby abrogating legislative responsibility and passing it on to an unanswerable committee;

"The resolution actually does impose several limits and requirements on the WAPO, most of which are intended to prevent abuse by commitee of patent-filer." Maria-Fernanda Novo, Ambassador

Uneasy from the both incredibly broad and incredibly vague authority given to the World Assembly Patent Office (WAPO), whereby creating a labyrinthine bureaucratic morass that is nearly impossible to navigate except for those with enough money and influence to hire a highly-trained expert;

"Despite the consultation of lawyers being standard practice for anything involving legal procedure, the WAPO does not impose, by nature of this resolution, the 'labyrinthine beaucratic morass' which you claim it does. In fact, clauses 3c and 3f ensure that anyone, by using publicly-available archives, can easily determine whether their invention is already patented." Maria-Fernanda Novo, Ambassador

Disgusted that the systems implemented by the target resolution serve to enrich monolithic corporations and ultra-wealthy individuals while imposing massive barriers to independent creators and inventors;

"On the contrary, patents exist to protect small inventors from large corporations with the resources to copy a design on a much more efficient scale. You may claim that this is a moot point due to all inventors operating under contract anyway, but if that was the case, there would be no independent inventors to impose massive barriers on." Maria-Fernanda Novo, Ambassador

Bemused by the laughable lip service the target resolution pays to all inventors while demonstrably only aiding the richest few;

"If the resolution demonstrably only aids the richest few, would you be so kind as to demonstrate it?"- Maria-Fernanda Novo, Ambassador

Certain that member nations are able to capably handle the application and granting of patents according to their economic and ideological needs without the imposition of World Assembly legislation;

"This is not true due to the ease of circumventing domestic patent regulation by working outside of said nation. However, if you feel so inclined, you may recognise and legislate non-WAPO patents however you wish." Maria-Fernanda Novo, Ambassador

[Heavens Reach]

He takes a flask from his jacket pocket and takes a large swig. He lets out a long sigh. “Let’s dispense with all the pretentious bullshit,” he growls into the microphone. “I want something repealed, and I don’t give a shit if some people don’t want it repealed. If you’re one of those ideologically opposed to the free expression of ideas, then consider me ideologically opposed to your existence.”

"Claiming that everyone who opposes a repeal does so on ideological grounds is already a bad decision on your part, but you really went the extra mile by implicitly threatening politicide." - Maria-Fernanda Novo, WA Ambassador for the Armed Republic of Juansonia

Refuting the belief that this fact necessitates the recognition of foreign patents for all member nations;

"How can patents be useful if foreign sweatshops are allowed to make cheap knock-offs and sell them in the country of invention? Most custom inspectors can't identify patent infringement, so the only other way to keep infringers out of the market is to embargo countries which host infringers. Imagine what would happen if embargoes, one of the most agressive non-war options there is, became commonplace." - Maria-Fernanda Novo, Ambassador

Disquieted that the target resolution undermines many nations’ economic systems by forcing the adoption of one model for private property in nations with opposing and contradictory models for property;

"I do not believe that the target forces the adoption of private-property systems. One could easily argue that all patents produced by state workers are created by the state, since the worker is acting on behalf of the state, and that said rights are rights of the state. " Maria-Fernanda Novo, Ambassador

Astounded at the target resolution’s audacity in forcing member nations to cede the means of production to foreign nationals without giving proper compensation;

"It does no such thing. Clause 3B's limits prevent the patenting of things which are obvious to skilled workers of the same field, and it also prohibits the patenting of things which were made public knowledge prior to the patent application. Unless you construe a nation's means of production to include techinques which do not exist, the target does nothing which requires anyone to cede any means of production." Maria-Fernanda Novo, Ambassador

Perturbed by the judicious use of the word “appropriate” and the surprising lack of detail as to the duties and authority of the World Assembly Patent Office (WAPO), whereby abrogating legislative responsibility and passing it on to an unanswerable committee;

"The resolution actually does impose several limits and requirements on the WAPO, most of which are intended to prevent abuse by commitee of patent-filer." Maria-Fernanda Novo, Ambassador

Uneasy from the both incredibly broad and incredibly vague authority given to the World Assembly Patent Office (WAPO), whereby creating a labyrinthine bureaucratic morass that is nearly impossible to navigate except for those with enough money and influence to hire a highly-trained expert;

"Despite the consultation of lawyers being standard practice for anything involving legal procedure, the WAPO does not impose, by nature of this resolution, the 'labyrinthine beaucratic morass' which you claim it does. In fact, clauses 3c and 3f ensure that anyone, by using publicly-available archives, can easily determine whether their invention is already patented." Maria-Fernanda Novo, Ambassador

Disgusted that the systems implemented by the target resolution serve to enrich monolithic corporations and ultra-wealthy individuals while imposing massive barriers to independent creators and inventors;

"On the contrary, patents exist to protect small inventors from large corporations with the resources to copy a design on a much more efficient scale. You may claim that this is a moot point due to all inventors operating under contract anyway, but if that was the case, there would be no independent inventors to impose massive barriers on." Maria-Fernanda Novo, Ambassador

Bemused by the laughable lip service the target resolution pays to all inventors while demonstrably only aiding the richest few;

"If the resolution demonstrably only aids the richest few, would you be so kind as to demonstrate it?"- Maria-Fernanda Novo, Ambassador

Certain that member nations are able to capably handle the application and granting of patents according to their economic and ideological needs without the imposition of World Assembly legislation;

"This is not true due to the ease of circumventing domestic patent regulation by working outside of said nation. However, if you feel so inclined, you may recognise and legislate non-WAPO patents however you wish." Maria-Fernanda Novo, Ambassador

We agree with all of these points.

[Barfleur]

OOC: Support without replacement.

[Heidgaudr]

"Claiming that everyone who opposes a repeal does so on ideological grounds is already a bad decision on your part, but you really went the extra mile by implicitly threatening politicide." - Maria-Fernanda Novo, WA Ambassador for the Armed Republic of Juansonia

"Nowhere did I say that everybody who opposes this proposal is doing so for ideological reasons. The Associated Communities were once pillaged and plundered by capitalists and I'll fight to the death to prevent it happening again - though if you take my doctor's word, I ain't got much life left in me." Janus takes another drink. "By Metnadr's teeth, how does Asgeir put up with these people."

"How can patents be useful if foreign sweatshops are allowed to make cheap knock-offs and sell them in the country of invention? Most custom inspectors can't identify patent infringement, so the only other way to keep infringers out of the market is to embargo countries which host infringers. Imagine what would happen if embargoes, one of the most agressive non-war options there is, became commonplace." - Maria-Fernanda Novo, Ambassador

"Sounds more like a 'you' problem than a 'me' problem. Your nation should already know how to deal with foreign sweatshops considering the World Assembly is unable to stop non-member nations from 'infringing' on these supposed 'intellectual property rights'. We aren't exactly breaking new ground here."

"I do not believe that the target forces the adoption of private-property systems. One could easily argue that all patents produced by state workers are created by the state, since the worker is acting on behalf of the state, and that said rights are rights of the state. " Maria-Fernanda Novo, Ambassador

"I'm not talking about domestic patents, Ambassador. We're dealing with international patents - it's in the title of the bill. The Associated Communities are forced to recognize the bourgeoisie concept of patents to individuals and corporations."

"It does no such thing. Clause 3B's limits prevent the patenting of things which are obvious to skilled workers of the same field, and it also prohibits the patenting of things which were made public knowledge prior to the patent application. Unless you construe a nation's means of production to include techinques which do not exist, the target does nothing which requires anyone to cede any means of production." Maria-Fernanda Novo, Ambassador

"The means of production does not simply refer to factories and assembly lines; it applies equally to intellectual concepts, ideas, and inventions. These things are held in common with the people to be produced and improved upon." He tips the flask back but only a few small drops remain. He turns around to a member of the Heidgaudrian delegation. Handing over the flask and whispering: "Greta, can you be a dear and fill this up with vodka - the huckleberry kind? Thanks."

He returns to the microphone. "Patents hold these concepts hostage and disallow innovation or progress."

"On the contrary, patents exist to protect small inventors from large corporations with the resources to copy a design on a much more efficient scale. You may claim that this is a moot point due to all inventors operating under contract anyway, but if that was the case, there would be no independent inventors to impose massive barriers on." Maria-Fernanda Novo, Ambassador

"Inventors are not drawn to inventing because of patents; they're drawn to inventing because of their genius and the prospect of making a living. Demonstrably, patents end up concentrating in large corporations. As economic sectors mature, innovation grinds to a halt as competitors force each other to pay higher and higher royalties to produce a good due to patent accumulation. There are systems where innovations still occur and technology continues to progress without giving corporations the massive power that dozens, hundreds, or thousands of patents command - namely the State sponsoring inventors as their work adds to the social good."

"If the resolution demonstrably only aids the richest few, would you be so kind as to demonstrate it?"- Maria-Fernanda Novo, Ambassador

"Well, I suppose what is blindingly obvious to me isn't necessarily so to others. Intellectual property - and especially patents in particular - are a tool used by those with capital to profit on the backs of the common worker. It is a system designed to reinforce exploitative power structures."

[Heidgaudr]

Amb. Trelstad enters the chamber and makes his way to the microphone. "I'm deeply sorry for the conduct of Under-Secretary Vilvotr-"

"I'm not!" Interjects the Under-Secretary

Trelstad continues. "It seems during a brief absence of mine he took the opportunity to submit a joke proposal that was never intended to leave our offices. As compensation for sitting through his rude behavior, I will be sending every delegation currently assembled a sample from his alcohol collection. He hopes I'm joking about this; I'm not.

"That said, let's move on to the main topic. We have finished with our first serious draft of the repeal. I hope it's more convincing than the, um ... unfunny joke."

[Tinhampton]

Seeking a solution wherein inventors are not financially incentivized to withhold lifesaving inventions;

Certain that member nations are able to capably handle the application and granting of patents according to their economic and ideological needs without the imposition of World Assembly legislation;

...okay, I guess? Please either sort out the inconsistency here, or explain how your "solution" can work "without the imposition of World Assembly legislation" - either way, you'll have my vote.

[Heidgaudr]

Seeking a solution wherein inventors are not financially incentivized to withhold lifesaving inventions;

Certain that member nations are able to capably handle the application and granting of patents according to their economic and ideological needs without the imposition of World Assembly legislation;

...okay, I guess? Please either sort out the inconsistency here, or explain how your "solution" can work "without the imposition of World Assembly legislation" - either way, you'll have my vote.

"The solution is for individual member states to decide how to implement patents domestically. Internationally, they should make agreements and treaties regarding the matter with both member and non-member nations. It's easy to forget that, despite the misleading name, the World Assembly isn't actually the entire world. Matters such as these don't actually function as well when ignoring the far more pressing concern of non-members."

[Tinhampton]

Alexander Smith, Tinhamptonian Delegate-Ambassador to the World Assembly: In which event, simply say something along the lines of:

Certain that member nations are able to capably handle the application and granting of patents according to their economic and ideological needs, while not financially incentivizing investors to withhold lifesaving innovations, without the imposition of World Assembly legislation.

[Simone Republic]

Opposed as a matter of principle.

[Attempted Socialism]

Ambassador Pride: "My delegation supports this effort. The 'seeking' clause could, however, be read as an invitation to new legislation on this topic which runs contrary to the wise approach of Ambassador Trelstad. I suggest rephrasing to emphasise that the solution sought is this exact repeal, as was done in the 'certain' clause."

[Heidgaudr]

Ambassador Pride: "My delegation supports this effort. The 'seeking' clause could, however, be read as an invitation to new legislation on this topic which runs contrary to the wise approach of Ambassador Trelstad. I suggest rephrasing to emphasise that the solution sought is this exact repeal, as was done in the 'certain' clause."

"We have removed the 'seeking' clause and replaced it with a clause that is much clearer as to our intent with this repeal."

[Kenmoria]

“There’s a slight pronominal salad in the third clause: ‘Due to them not being able to afford them’ does not make for the easiest reading. Regardless of whether that is rectified, this proposal has my full support.”

[Heidgaudr]

“There’s a slight pronominal salad in the third clause: ‘Due to them not being able to afford them’ does not make for the easiest reading. Regardless of whether that is rectified, this proposal has my full support.”

"Thank you for your feedback. We've amended the draft to make that clause read more clearly."

[Heidgaudr]

Going to bump this. If there isn't substantive feedback within the next week, I'll consider submitting it.

[Heidgaudr]

Submitted.

[Kenmoria]

“I can defend my existence from most things.” Lewitt comments. “I am opposed to this repeal on ideological grounds.” He briefly looks around, just in case this was the cue for his long-overdue execution. Upon verifying that nothing of the sort is occurring, he turns back to the chamber. “This is not the most helpful of feedback, but it is useful to state my opposition early.”

[Attempted Socialism]

Ambassador Pride: "We happily endorse this repeal effort by our good comrades in the delegation from Heidgaudr. This is a stellar argued repeal, and I look forward to casting the Solidarity Movement's vote in favour."

[Heidgaudr]

“There’s a slight pronominal salad in the third clause: ‘Due to them not being able to afford them’ does not make for the easiest reading. Regardless of whether that is rectified, this proposal has my full support.”

“I can defend my existence from most things.” Lewitt comments. “I am opposed to this repeal on ideological grounds.” He briefly looks around, just in case this was the cue for his long-overdue execution. Upon verifying that nothing of the sort is occurring, he turns back to the chamber. “This is not the most helpful of feedback, but it is useful to state my opposition early.”

"Schrodinger's Ambassador," grumbles Under-Secretary Janus Vilvotr just loud enough to be picked up by the microphone.