[PASSED] Repeal "Foreign Patent Recognition"

[Sierra Lyricalia]

A better example would be, you pass a resolution that says "kittens must be permitted to vote, but only if they're not 1. insane, and 2. mangy. Also nothing herein blocks further laws on kitten voting." Do I have to repeal your resolution in order to legislate that convicted felons may always be barred from voting, even if they're kittens? How about if I want to make a law saying kitten votes count for two human votes? Or for half a human one? Not every law blocks off every single thing it happens to touch. This kind of clause just makes that explicit.

Okay. Well, if you want to say that convicted kitten felons must be barred from voting, then that contradicts the original resolution. If you want to make a law saying that kitten votes count for two human votes, that isn't blocked by anything in the resolution. I mean to say that the inclusion of the not-a-blocker clause is pointless, since anything which isn't covered by the resolution is fair game with or without the clause and anything that contradicts or duplicates the original is illegal with or without that clause as well.

OOC: Oh. Well, yes. For some reason I thought you were asserting some different, rather stronger thing. This here, I agree with. Don't mind me.

---

"First off, Ms. Trevanyika, let me apologize - my previous statement came out rather more sarcastic-sounding than I'd intended it. My opposition to this repeal doesn't extend as far as belittling it or its author(s) - if I came off that way I'm sorry."

"I'll let the points adequately made by the Excidian ambassador stand, and simply address the following:

"If the advanced states have had a patented technology for a decade, it becomes open season thereafter for anyone who wants to build and sell it - the only limits are your production capacity and your - ugh - advertising budget. Nothing is preventing someone from a less advanced nation from developing anything even the advanced states haven't come up with yet; literally the only constraint is that imitators and people who were a little slower to develop their invention have to wait ten years to sell substantially similar products without paying for a license. This is not a serious impediment to research in the less advanced state unless they slavishly commit themselves to only work on stuff that other people are also already working on."

Ten years of total economic stagnation is a serious impediment, the last time I checked. And I resent your suggestion that anyone who happens to complete his invention only moments after someone else, after doing exhaustive independent work, is merely a copycat.

"If two totally independent inventors come up with substantially similar innovations that close to each other, either the patent lawyers should be able to negotiate joint ownership, or the innovation is obvious and thus not patentable to begin with. But your other statement bears more attention."

"You say 'total economic stagnation???' Only if your entire economy is literally built on making cheap knockoffs of foreign products. You seriously mean to tell me that nobody clears new farmland, builds new factories, invents other new products, comes up with trivial innovations like colored casings for the products they've already got or new recipes for food and beverages, or hires more lawyers to exploit changes in the law? You really mean to say that the inability to let everyone everywhere manufacture something that one person or company came up with less than a decade ago leads to the utter cessation of economic growth?"

"You should list some of these; there might be something worrisome in there."

List what? Do you refer to economic models? Intellectual rights? Nations without patent systems?

"Apologies - I speak of:

Worried that GA #347 effectively forces nations without a patent system to adopt one, without heed to the effects patents may have on their economic model or their ideological rights;

"I'm not sure what 'ideological rights' are, and I know no effect that patents could have on an economic system where they didn't exist before, that isn't ultimately beneficial. If that's wrong, it should be elaborated on."

"Every economic treaty and international law in history has done this. The question is whether the results are good for the people of the affected countries. We see nothing detrimental in that sense here."

I am not concerned with treaties. Treaties are agreements. Laws do not need everyone to agree on them to go into effect. Also, I'd like an example of where international law has imposed national law on other member states, and good has come out of it.

"There are National Sovereigntists who would argue that literally every WA resolution does this; and very, very few of them would argue that no good has come of it.

"This sounds really dire and awful - what destruction is being wrought?"

Less advanced nations are being forced into further stagnation

"How? What were they doing before, or what will they do if this passes, that they're forbidden from doing now?"

intellectual property is being stolen

"How does a system set up specifically to protect intellectual property wind up enabling the theft of intellectual property?

and patent monopolies naturally spring forward from this resolution.

"For ten years. This is not an industry-choking hurdle; after a mere decade it's fair game! It's one thing if you're advocating a total communism where nobody needs patents because everyone shares everything in common for free, or a medieval guild system where (say) the Guild of Car-Builders has total control over everything to do with automobiles and any innovation necessarily comes from them because in order to even tinker with a jalopy in your backyard you have to join them for life; I know no other system where limited-term patents fail to spur innovation and growth on the macro scale.

"Such as the target resolution?"

Clever, but the target is hardly reasonable.

OOC: IRL, nominal term of patent in both the US and EU is twenty years. With that as a reference, and with Paragraph 6 in the NS version being a lot more lenient towards non-recognition - yes, the target is exceedingly reasonable.

---

"We fail to see how this is in any form an argument for the Resolution. The Imperium will not be forced to practically give away our Technologies to largely unknown, or hostile states. Such a thing would be the absolute devastation of the Imperium."

"Mr. Markhov, if you're protecting militarily useful technology from falling into the hands of enemy states or even primitive friends, you're not doing it by having zealously stringent patent laws, you're doing it by keeping it out of the public sphere entirely. I can tell you the S.L. House of Astronauts has not published patents on the ultrathin lightweight anti-radiation barrier technologies that everyone knows we have, even if they haven't figured out how to make it yet; even though the licensing fees would probably pay for a whole new top-of-the-line ship! The strategic advantage to naval architecture is too great. Once the Voyenno-Kosmoskiy Flot or the PLASN get hold of something similar, higher-ups may change their minds, or maybe not... but that's not an argument against the existence of patents per se."

[Wallenburg]

OOC: Bumping this draft. I have a couple edits on the way.

[Wallenburg]

A very irritable Ogenbond--suffering from a brutal hangover--reaches into the wrong drawer at his desk and pulls out a dusty draft. He stares at it for a few seconds, then pulls up a copy of "Foreign Patent Recognition" and examines the text. He makes several changes to the draft, jots down notes for a few more, and slips the paperwork all into a small leather folder.

He enters the drafting room and sits down. "Draft number 347-1B, 'Repeal "Foreign Patent Recognition"' is now open to debate."

[Tinfect]

"I highly doubt your Imperium has much technology that other nations did not develop long before you."

"To the knowledge of the Imperium, the technology of Subspace is unique to the Imperium. If that is not the case, then whatever civilization developed it previously either similarly does not utilize a system of patents, or no longer exists. Subspace is easily measurable to the Imperium, were another Civilization utilizing the technology on any significant scale, the Imperium would be aware."*

*OOC: To avoid any possible issues, this is partially a lie. This may have been true before the Barrier went up, but the Imperium was far less adept at determining Subspace Distortion at the time. Now, Subspace anywhere even remotely near the Imperium is so royally fucked-up that it would be impossible to determine what was happening anywhere unless it was a Subspace Cataclysm on the scale of an entire Solar System.
And also because the Imperium didn't discover Subspace on its own, they found an ancient piece of tech lying around, fiddled with it and some Archailecttech they had left over and eventually pieced together a largely incorrect idea about how it worked, resulting in the horribly inefficient, incredibly damaging Subspace technologies used today.

If you believe so, Markhov, you are clearly delusional.

"Few are those that can claim to be entirely free from delusion, those that do, are wrong."

As such, nearly anything of importance to your nation was probably already patented by a more advanced nation more than ten years ago, and is already public domain.

"Not to the knowledge of the Imperium. If your government is aware of any civilization sufficiently advanced to maintain such technologies, but sufficiently primitive to retain a system of patents, do inform the Imperium, as we would very much like to run combat-testing of our Enclave III Planetcrackers."

The sad fact is that the Imperium of Tinfect does not need to be forced to hand over its technology to primitives...

"Hardly sad at all. The Imperium does not need to hand over its technology to primitives. Nor will we. The Imperium maintains no system of patents, we have always protected our technologies with force of arms."

Only more advanced nations than yours need to be forced to hand over their tech (which, I may add, you can benefit from as a less advanced nation).

"Entirely untrue. There are few civilizations holding greater total technological advancement than the Imperium, of them, far fewer are in the World Assembly, and of those, far fewer utilize a system of patents. As for those which maintain only partial technological superiority, do remind me of the location of the Excidian patent office, the Imperium is quite interested in the status of your Antimatter weaponry."

If anything, you stand to lose nothing and have the potential gain of more advanced technology. Why oppose the target resolution?"

"The Imperium has voiced its objections many times in the past, we recommend that your Delegation examine our prior statements, as I have little desire to repeat myself."

The much-belated response to a portion of transcript now over with, Markhov shakes a disturbingly thick coat of dust off of his copy of the draft, which has mysteriously undergone alterations since his last examining of it.

"The Delegation of Excidium Planetis has raised several points of repeal within their attempts at opposition. We recommend that a section be added to the draft regarding the fact that those civilizations utilizing the provisions of the target resolution to protect their technologies, will be force to provide, in totality, the specifications of the Technologies in question, to all Nations that wish to view them. We also recommend a notation on how such a thing undercuts entirely the goals of the Resolution.

Otherwise, the Imperium is, of course, able to support this draft."

[Imperium Anglorum]

We do not believe that repeal is necessary. This nothing in this resolution blocks further legislation on patents. Thus, simply pass a resolution stating that foreign patents are no longer recognised.

[WA Kitty Kops]

A very irritable Ogenbond--suffering from a brutal hangover--reaches into the wrong drawer at his desk and pulls out a dusty draft. He stares at it for a few seconds, then pulls up a copy of "Foreign Patent Recognition" and examines the text. He makes several changes to the draft, jots down notes for a few more, and slips the paperwork all into a small leather folder.

He enters the drafting room and sits down. "Draft number 347-1B, 'Repeal "Foreign Patent Recognition"' is now open to debate."

A half-grown black cat nimbly jumps from desk to desk - and occasionally from desk to ambassador to desk - and sits on the one behind which the Araraukarian ambassador normally sits, but which is now vacant.

"I sees you's no longer wearing wet clothes," the cat said into the microphone on the desk, "and your nose is normal size again. Now I hopes you's aware of how silly it looks when on your paper you's alarmed about lack of free trade, when you's trying to repeal something in the category of Free Trade?"

The cat paused to lick one of his front paws and wash his face, his purring audible via the microphone.

"Now I sees you's also worried about nations without patent systems needing to adopt one, but they don't, really. They just has to say that for-rain patents is good things. And if a really advanced civy- cive- really advanced people has made patents years and years and years ago, then they's probably already gone sour, cause it's only ten years at maximum that you need to say they's good. If they's centuries ahead of your people, their patents gone old before your great-great-great-great-queen¹ got her eyes open."

¹OOC: Queen is the correct term for a breeding female cat.

[Tinfect]

We do not believe that repeal is necessary. This nothing in this resolution blocks further legislation on patents. Thus, simply pass a resolution stating that foreign patents are no longer recognised.

OOC:

Mandates that each member state recognize the exclusive rights associated with foreign patents for the lesser of the following: ten years after the date on which the patent was granted, or the period used by the member state that granted the patent;

Blatant Contradiction does tend to stop a resolution in its tracks.

[Wallenburg]

"The Delegation of Excidium Planetis has raised several points of repeal within their attempts at opposition. We recommend that a section be added to the draft regarding the fact that those civilizations utilizing the provisions of the target resolution to protect their technologies, will be force to provide, in totality, the specifications of the Technologies in question, to all Nations that wish to view them. We also recommend a notation on how such a thing undercuts entirely the goals of the Resolution.

Otherwise, the Imperium is, of course, able to support this draft."

Ogenbond nods and underlined one of his notes. "I shall get to that...after I have my coffee."

We do not believe that repeal is necessary. This nothing in this resolution blocks further legislation on patents. Thus, simply pass a resolution stating that foreign patents are no longer recognised.

"Sir, since when did you become an advocate for contradiction?"

"I sees you's no longer wearing wet clothes," the cat said into the microphone on the desk, "and your nose is normal size again. Now I hopes you's aware of how silly it looks when on your paper you's alarmed about lack of free trade, when you's trying to repeal something in the category of Free Trade?"

"Now Madame..." Ogenbond squints and confirms that he is, indeed, talking to a cat. "Now, kitty, just because something is categorized as a Free Trade resolution does not mean it actually promotes free trade. This one, for instance creates monopolies and restricts honest inventors and businesspeople from engaging in their livelihoods. I would not call that a boon to free trade."

"Now I sees you's also worried about nations without patent systems needing to adopt one, but they don't, really. They just has to say that for-rain patents is good things.

"Well, if member nations want to even stand a chance at defending against so-called 'patent trolls', they'll need to adopt patent systems. Furthermore, the World Assembly is in no position to say which economic ideology is the best. It rather goes against the spirit of the rule on ideological bans."

And if a really advanced civy- cive- really advanced people has made patents years and years and years ago, then they's probably already gone sour, cause it's only ten years at maximum that you need to say they's good. If they's centuries ahead of your people, their patents gone old before your great-great-great-great-queen¹ got her eyes open."

"I'm afraid that's not how time works. As you can see, we have a representative here from an interstellar empire capable of faster-than-light travel and nearly infinite and wasteless energy production. Meanwhile, at the exact same time, my nation is currently figuring out how to get metal aircraft to fly above 5000 meters. More advanced nations can patent what they consider primitive inventions and then target other, less developed member nations with those patents."

[Imperium Anglorum]

We do not believe that repeal is necessary. This nothing in this resolution blocks further legislation on patents. Thus, simply pass a resolution stating that foreign patents are no longer recognised.

"Sir, since when did you become an advocate for contradiction?"

Nothing in the resolution blocks further legislation on patents. I don't see it any other way.

[Wallenburg]

"Sir, since when did you become an advocate for contradiction?"

Nothing in the resolution blocks further legislation on patents. I don't see it any other way.

Ogenbond gives Parsons a flat stare.

Thus, simply pass a resolution stating that foreign patents are no longer recognised.

Mandates that each member state recognize the exclusive rights associated with foreign patents for the lesser of the following: ten years after the date on which the patent was granted, or the period used by the member state that granted the patent;

[Imperium Anglorum]

Parsons looks at Ogenbond and states, "Nothing in this resolution should be interpreted as limiting the World Assembly from further legislating on patents. It even says so in clause 9. Thus, if we are to interpret the resolution how it states that it ought be interpreted, which, I would say, is how we should interpret the resolution, nothing in the resolution blocks further legislation on patents".

[Excidium Planetis]

Schultz, is, quite frankly, confused for a moment, as Markhov's reply is so late that the transcript of Schiltz' original comments has collected dust.

"I highly doubt your Imperium has much technology that other nations did not develop long before you."

"To the knowledge of the Imperium, the technology of Subspace is unique to the Imperium.

"With all due respect, Markhov, your nation has so little contact with other civilizations that it literally cut itself off from the rest of reality. I think, that as nomads who actually trade with other civilizations, we have seen far more nations that you have, including their use of subspace technology." Schultz replies.

Blackbourne, having more recently been updated on current trading in Excidium Planetis, takes over. "For example, we know of an international starship manufacturer that deals in ships which use subspace for faster-than-light communication. That would be the 'Capsule Corporation', I believe, and they might possibly have gone out of business. I heard something about the Allaneans taking over the business, but I don't follow international business too closely."

If that is not the case, then whatever civilization developed it previously either similarly does not utilize a system of patents, or no longer exists. Subspace is easily measurable to the Imperium, were another Civilization utilizing the technology on any significant scale, the Imperium would be aware."*

Schultz scoffs. "Pardon me if I am skeptical of your ability to monitor 'subspace' effectively."

"Not to the knowledge of the Imperium. If your government is aware of any civilization sufficiently advanced to maintain such technologies, but sufficiently primitive to retain a system of patents, do inform the Imperium, as we would very much like to run combat-testing of our Enclave III Planetcrackers."

"Well, I must admit I don't really follow what WA nations have patent systems... the Excidian Office of WA Compliance handles that. But I believe that the Empire of Stormwrath has a patent system... they seem to still have a free market economy which uses currency, so I'd expect patents would be something they would have. I wouldn't advise using your Planetcrackers on them, though, they have ships built like Aeiouia's but with weapons more powerful than ours. That one Ferret Colony that lends personnel to our starships might have patents, they brought them up in the debate on Foreign Patent Recognition, at least... and before you say those little guys aren't more advanced than you, I have it on good word that they received technology from Aeiouia, so they may well have access technology above yours." Schultz finishes.

"Hardly sad at all.

"Then why Repeal, if it isn't sad?"

The Imperium does not need to hand over its technology to primitives.

"Correct."

Nor will we.

"Good."

The Imperium maintains no system of patents, we have always protected our technologies with force of arms."

"Alright." Schultz nods.

"Entirely untrue. There are few civilizations holding greater total technological advancement than the Imperium

"Bah, we've encountered many. I could probably name like a dozen of the top of my head." Schultz says.

, of them, far fewer are in the World Assembly,

"Aeiouia and Stormwrath are both WA members. Also, I'm not exactly up to date on Wrapperian technology, but they might be more advanced than your Imperium... at least in a few fields, likely." Schultz replies.

and of those, far fewer utilize a system of patents

"I'm pretty sure there are quite a few in our Assembly of thousands, and they likely invented everything you have before you did."

As for those which maintain only partial technological superiority, do remind me of the location of the Excidian patent office, the Imperium is quite interested in the status of your Antimatter weaponry.

"Our patent office is located on Homeship Reckoner." Schultz replies defiantly. "And you should know very well that our antiproton beams aren't patented, the technology predates our founding."

"If you would like to possess some, we could negotiate an arms trading agreement." Blackbourne adds.

"Tinfect doesn't trade." Schultz informs him. "Ever."

"The Delegation of Excidium Planetis has raised several points of repeal within their attempts at opposition. We recommend that a section be added to the draft regarding the fact that those civilizations utilizing the provisions of the target resolution to protect their technologies, will be force to provide, in totality, the specifications of the Technologies in question, to all Nations that wish to view them. We also recommend a notation on how such a thing undercuts entirely the goals of the Resolution.

"Would you please support such statements with a quote from the original resolution?" Blackbourne responds, while glancing over the text of the target resolution. "I can't seem to find the part Madam Delegate Schultz referred to when she claimed that any patented technology would become publicly available."

[Tinfect]

"With all due respect, Markhov, your nation has so little contact with other civilizations that it literally cut itself off from the rest of reality. I think, that as nomads who actually trade with other civilizations, we have seen far more nations that you have, including their use of subspace technology."

Blackbourne, having more recently been updated on current trading in Excidium Planetis, takes over. "For example, we know of an international starship manufacturer that deals in ships which use subspace for faster-than-light communication. That would be the 'Capsule Corporation', I believe, and they might possibly have gone out of business. I heard something about the Allaneans taking over the business, but I don't follow international business too closely."

Markhov briefly looks in surprise at the identification of a civilization utilizing such technologies, but quickly resumes his usual expression,
"I will be certain to inform Intelligence of this development, Ambassador."

"Pardon me if I am skeptical of your ability to monitor 'subspace' effectively."

"Ah, and I suppose you hold Certification in Subspace Mechanics? As well as an in-depth understanding of the nature of Subspace and the Imperial technologies capable of its manipulation? I was not aware of any Imperial Educational facilities that are open to foreigners.

Of course, we are in compliance with Resolution 159, however, no foreigners meet Imperial entry requirements, and the Union Academy of New Kol maintains a enrollment limit of exactly zero foreign students."

"Well, I must admit I don't really follow what WA nations have patent systems... the Excidian Office of WA Compliance handles that. But I believe that the Empire of Stormwrath has a patent system... they seem to still have a free market economy which uses currency, so I'd expect patents would be something they would have."

"We have seen no evidence that any technologies of use to the Imperium are available within their records."

I wouldn't advise using your Planetcrackers on them, though, they have ships built like Aeiouia's but with weapons more powerful than ours.

"We are aware of this, Intelligence reports have not seen any evidence that their vessels would withstand assault from a Planetcracker any better than recovered Archailect materials and vessels would. And in any case, recent technological developments regarding the Enclave-Patter Planetcrackers has resulted in a markedly superior device to the vessels utilized previously."

"That one Ferret Colony that lends personnel to our starships might have patents, they brought them up in the debate on Foreign Patent Recognition, at least... and before you say those little guys aren't more advanced than you, I have it on good word that they received technology from Aeiouia, so they may well have access technology above yours."

"The Imperium has also acquired Technology from the Archailects. No technological and societal projections at this time suggest that this Ferret Civilization will overtake the Imperium in any meaningful way."

"Then why Repeal, if it isn't sad?"

"I believe you have been previously made aware that deliberately misinterpreting my statements does not reflect well upon your delegation."

"Bah, we've encountered many. I could probably name like a dozen of the top of my head."

"And many of them, we are certain, have fallen to a rather uncertain state of non-existence."

"Aeiouia and Stormwrath are both WA members. Also, I'm not exactly up to date on Wrapperian technology, but they might be more advanced than your Imperium... at least in a few fields, likely."

"Two examples does not disprove my point. As for the nation of Wrapper, our knowledge of their civilization is somewhat limited, we can neither confirm nor deny that the Technologies available to their civilization may or may not be superior to Imperial technologies in limited areas."

"I'm pretty sure there are quite a few in our Assembly of thousands, and they likely invented everything you have before you did."

"Doubtful."

"Would you please support such statements with a quote from the original resolution?" Blackbourne responds, while glancing over the text of the target resolution. "I can't seem to find the part Madam Delegate Schultz referred to when she claimed that any patented technology would become publicly available."

"I believe the Ambassador once attempted to claim that the Imperium stood to benefit from Technologies entering the 'public domain', specifically regarding the portions of the Resolution that create a minimum period a foreign development restriction must be respected."

[Wallenburg]

"The Delegation of Excidium Planetis has raised several points of repeal within their attempts at opposition. We recommend that a section be added to the draft regarding the fact that those civilizations utilizing the provisions of the target resolution to protect their technologies, will be force to provide, in totality, the specifications of the Technologies in question, to all Nations that wish to view them. We also recommend a notation on how such a thing undercuts entirely the goals of the Resolution.

Otherwise, the Imperium is, of course, able to support this draft."

"This is now addressed."

Parsons looks at Ogenbond and states, "Nothing in this resolution should be interpreted as limiting the World Assembly from further legislating on patents. It even says so in clause 9. Thus, if we are to interpret the resolution how it states that it ought be interpreted, which, I would say, is how we should interpret the resolution, nothing in the resolution blocks further legislation on patents".

Ogenbond sighs, "All right, ambassador, if you insist." He begins to scrawl down clauses on a blank sheet of paper.

[Excidium Planetis]

Schultz grumpily storms out of the room.

"Would you please support such statements with a quote from the original resolution?" Blackbourne responds, while glancing over the text of the target resolution. "I can't seem to find the part Madam Delegate Schultz referred to when she claimed that any patented technology would become publicly available."

"I believe the Ambassador once attempted to claim that the Imperium stood to benefit from Technologies entering the 'public domain', specifically regarding the portions of the Resolution that create a minimum period a foreign development restriction must be respected."

"I am aware of that." Blackbourne replies. "I was asking if you could provide evidence from the text of the target resolution to support Madam Schultz' idea that patents became public domain... after all, just because a patent is no longer respected after ten years, does not mean it becomes publicly available. It simply means it can't be used to protect intellectual property. I believe the Delegate was confused earlier, but since you are now using her claims as an argument for repeal, you'll need to provide evidence for them."

[The Puddle Jumping Wads of Wrapper]

"...Also, I'm not exactly up to date on Wrapperian technology, but they might be more advanced than your Imperium... at least in a few fields, likely."

"...As for the nation of Wrapper, our knowledge of their civilization is somewhat limited, we can neither confirm nor deny that the Technologies available to their civilization may or may not be superior to Imperial technologies in limited areas."

(Ahume raises a finger and begins to mumble, but Ari grabs his hand and lowers it.)

ARI: Our level of technology and how we acquired it is not the subject of this debate. Now, we found nothing objectionable in GAR#347, and we still don't. Our intellectual property needs to be protected from foreign interests who wish to backwards-engineer our inventions and potentially use and abuse that technology, for example, as a weapon. We'll play no part in that.

[Sciongrad]

"Another attempt by the more radical among us to undermine basic principles of intellectual property and free trade."

Noting that GA #347 provides insufficient framework to prevent private entities and states from filing patents to block technological and scientific development in other nations, even if they have no interest in the technologies they patent;

"This clause is incorrect. Clause 6b of GAR#347 explicitly states if 'the invention that is the subject of the foreign patent is not currently being exploited in that member state, and the inventor has no good faith plans to exploit the invention in that member state in the near future,' a foreign member nation is not required to recognize the patent."

Regretting that the target resolution allows patent holders to severely restrict use and availability of vital pharmaceutical products, thereby extending the suffering of citizens in many member nations who cannot afford to purchase exclusively patented medicines;

"The argument made here is wildly overstated. GAR#41 allows patents on life-saving drugs to be temporarily waived in certain circumstances. It states, in relevant part, that ' Life-saving medications’ and vaccines patents may be temporarily waivered only in the most extraordinary of situations, like in the presence of imminent or unfolding public health catastrophes, such as lethal airborne diseases with a small period of incubation, strictly for as small a period as necessary, as determined by the WHA and only after every other venue of emergency negotiations between the WA and the patent holders have been exhausted.'"

Aware that the concept of a patent is foreign to many member states' economic philosophies or ideologies, and may run entirely contrary to those of several member states;

"I can't say I'm totally sympathetic to nations that do not respect intellectual property rights."

Worried that GA #347 effectively forces nations without a patent system to adopt one, without recognizing the effects patents may have on their economic model or their ideological rights;

"GAR#347 does not require member nations to recognize domestic patents."

The World Assembly hereby repeals General Assembly Resolution #347, "Foreign Patent Recognition".

"Sciongrad will vote nay, and will be sure to draft a suitable replacement should this pass."

[Tinfect]

"Another attempt by the more radical among us to undermine basic principles of intellectual property and free trade."

"And the target resolution was not an attempt by radical supporters of such to enforce their national law on all Member-States?"

"This clause is incorrect. Clause 6b of GAR#347 explicitly states if 'the invention that is the subject of the foreign patent is not currently being exploited in that member state, and the inventor has no good faith plans to exploit the invention in that member state in the near future,' a foreign member nation is not required to recognize the patent."

"Absolutely nothing prevents a foreigner from denying a State the ability to utilize a technology simply because they intend to attempt to sell said technology to them at a later date."

"I can't say I'm totally sympathetic to nations that do not respect intellectual property rights."

"Your contempt for States that do not conform to your backwards economic ideologies is noted, Ambassador. Such 'rights' do not exist in a number of Member-States, the Imperium ensures that all technologies produced are utilized to the greatest possible benefit of the Imperium and its citizens. We see no reason to deny our people progress simply because someone tangentially related to the development project feels they were insufficiently compensated."

"GAR#347 does not require member nations to recognize domestic patents."

"The Imperium believes this clause is meant to convey that, in order to protect one's own technologies, one will be forced to create a system of patents, in order to avoid the potential complete destruction of their civilization were some particularly radical state to decide that the Technology developed by the former state bears a sufficient superficial resemblance to their technologies so as to justify legal action.

Of course, the method the Imperium has chosen is to simply continue to reject any and all forms of international trade, so that there can be no reasonable expectation that a patent might be exploited within our Borders."

"Sciongrad will vote nay, and will be sure to draft a suitable replacement should this pass."

"The Imperium will also be preparing a Draft, one that will undoubtedly be far more respectful of differing economic systems than the abomination you seem so keen to protect."

[Wallenburg]

"Another attempt by the more radical among us to undermine basic principles of intellectual property and free trade."

"Hah! You say this as if the target resolution itself does not undermine the basic principles of intellectual property."

Noting that GA #347 provides insufficient framework to prevent private entities and states from filing patents to block technological and scientific development in other nations, even if they have no interest in the technologies they patent;

"This clause is incorrect. Clause 6b of GAR#347 explicitly states if 'the invention that is the subject of the foreign patent is not currently being exploited in that member state, and the inventor has no good faith plans to exploit the invention in that member state in the near future,' a foreign member nation is not required to recognize the patent."

"Clearly you did not read my clause, then. I am concerned about entities patenting technology that they themselves have no interest in other than hurting the economies of other nations. 6b allows exemptions if the patented technology is not in use in a member state, and only under those circumstances. If it is in use, the target mandates that member nations recognize the patent."

Regretting that the target resolution allows patent holders to severely restrict use and availability of vital pharmaceutical products, thereby extending the suffering of citizens in many member nations who cannot afford to purchase exclusively patented medicines;

"The argument made here is wildly overstated. GAR#41 allows patents on life-saving drugs to be temporarily waived in certain circumstances. It states, in relevant part, that ' Life-saving medications’ and vaccines patents may be temporarily waivered only in the most extraordinary of situations, like in the presence of imminent or unfolding public health catastrophes, such as lethal airborne diseases with a small period of incubation, strictly for as small a period as necessary, as determined by the WHA and only after every other venue of emergency negotiations between the WA and the patent holders have been exhausted.'"

"Yes, and those requirements, when acting in conjunction with 'Foreign Patent Recognition', are far too strict, and endanger countless lives. I will not stand for forcing member nations to wait until their people have already suffered catastrophe to begin dealing with public health issues."

Aware that the concept of a patent is foreign to many member states' economic philosophies or ideologies, and may run entirely contrary to those of several member states;

"I can't say I'm totally sympathetic to nations that do not respect intellectual property rights."

"So not only are you unaware that nations can respect intellectual property without a patent system, but you also are unsympathetic with regard to the basic rights of nations whose ideologies you do not care for. Tell me, Ambassador, why should I give weight to your arguments when you will not even recognize and appreciate the range of economic ideologies in this Assembly?"

Worried that GA #347 effectively forces nations without a patent system to adopt one, without recognizing the effects patents may have on their economic model or their ideological rights;

"GAR#347 does not require member nations to recognize domestic patents."

"I fail to see where I said it does."

The World Assembly hereby repeals General Assembly Resolution #347, "Foreign Patent Recognition".

"Sciongrad will vote nay, and will be sure to draft a suitable replacement should this pass."

"Your forecasted vote has been noted. It is a shame that you will not respect the ideological rights of other member nations."

[Excidium Planetis]

Concerned that, in order to enforce their patents abroad, patent holders must divulge the specifications of their technology, even if said technology's secrecy is a matter of crucial security, further acting against the intended purpose of the target resolution;

"The argument in this clause relies on the presupposition that nations would patent technology vital to national security. I don't believe they would. If you wanted something to be a secret, you wouldn't patent it, you'd just keep the information between those individuals whom you trust." Blackbourne states. "Then others would only gain access to the information by inventing it independently."

[Wallenburg]

Concerned that, in order to enforce their patents abroad, patent holders must divulge the specifications of their technology, even if said technology's secrecy is a matter of crucial security, further acting against the intended purpose of the target resolution;

"The argument in this clause relies on the presupposition that nations would patent technology vital to national security. I don't believe they would. If you wanted something to be a secret, you wouldn't patent it, you'd just keep the information between those individuals whom you trust." Blackbourne states. "Then others would only gain access to the information by inventing it independently."

Ogenbond raises his eyebrow. "I don't recall talking about national security, Ambassador. Could you point me to the clause to which you are referring?"

[Excidium Planetis]

"The argument in this clause relies on the presupposition that nations would patent technology vital to national security. I don't believe they would. If you wanted something to be a secret, you wouldn't patent it, you'd just keep the information between those individuals whom you trust." Blackbourne states. "Then others would only gain access to the information by inventing it independently."

Ogenbond raises his eyebrow. "I don't recall talking about national security, Ambassador. Could you point me to the clause to which you are referring?"

"I quoted the clause to which I was referring, Ambassador." Blackbourne says, puzzled.

[Wallenburg]

Ogenbond raises his eyebrow. "I don't recall talking about national security, Ambassador. Could you point me to the clause to which you are referring?"

"I quoted the clause to which I was referring, Ambassador." Blackbourne says, puzzled.

"Well, I've gone over it half a dozen times now, and nowhere does it say 'national security', let alone refer to patenting national secrets."

[Separatist Peoples]

Concerned that, in order to enforce their patents abroad, patent holders must divulge the specifications of their technology, even if said technology's secrecy is a matter of crucial security, further acting against the intended purpose of the target resolution;

"The argument in this clause relies on the presupposition that nations would patent technology vital to national security. I don't believe they would. If you wanted something to be a secret, you wouldn't patent it, you'd just keep the information between those individuals whom you trust." Blackbourne states. "Then others would only gain access to the information by inventing it independently."

OOC: No time for an IC response, sorry. In Real Life, patent information can be kept secret while still being patented. If such technology is kept secret by government officials, and not merely private entities protecting proprietary information, there is a better than fair chance that any such dispute won't be through legal channels. Especially since the infringing party is as likely to be utilizing such technology in an equally covert fashion.

I'm not so sure this is an issue that will realistically show up.

Beyond that, since I'm studying Intellectual Property Law as my focus, I'm otherwise going to stay out of this. I'm still learning, and I don't want RP twisted in with the still-hardening facts. I did that once. It made for a very strange undergraduate history paper.

[Sciongrad]

"And the target resolution was not an attempt by radical supporters of such to enforce their national law on all Member-States?"

"Any attempt to paint a basic framework for international patents as 'radical' will be met with a strange look by most ambassadors. I'm sure you know that, though."

"Absolutely nothing prevents a foreigner from denying a State the ability to utilize a technology simply because they intend to attempt to sell said technology to them at a later date."

"And nothing stops member nations from refusing to recognize that patent on the grounds that the 'inventor has no good faith plans to exploit the invention in that member state in the near future.' There is also the option of voluntary arbitration to settle any good faith disputes. However, it is not reasonable to assume that foreign states can prevent your nation from conducting research into or development of certain products when that product is not being exploited in your territory, because ultimately, your nation has sole discretion in determining when the conditions in clause 6 are applicable, provided they are invoked in good faith."

"Your contempt for States that do not conform to your backwards economic ideologies is noted, Ambassador. Such 'rights' do not exist in a number of Member-States, the Imperium ensures that all technologies produced are utilized to the greatest possible benefit of the Imperium and its citizens. We see no reason to deny our people progress simply because someone tangentially related to the development project feels they were insufficiently compensated."

"You have not demonstrated how patents deny your people progress, unless you count a couple of anti-capitalist platitudes as empirical evidence."

"The Imperium believes this clause is meant to convey that, in order to protect one's own technologies, one will be forced to create a system of patents, in order to avoid the potential complete destruction of their civilization were some particularly radical state to decide that the Technology developed by the former state bears a sufficient superficial resemblance to their technologies so as to justify legal action.

"This claim is wildly exaggerated. 'Complete destruction of their civilization?' Maybe if your entire economy is based entirely on cheap knock offs of other products. And, of course, you would not be in noncompliance by refusing to acknowledge foreign patents that are specious or superficial - the only legal recourse a foreign country would have in such a circumstance would be through voluntary arbitration, which your nation would obviously win if the similarities were truly superficial. Again, nothing in this resolution forces your nation to adopt a system of patents and any claim that your civilization will be 'completely destroyed' are honestly silly."

Of course, the method the Imperium has chosen is to simply continue to reject any and all forms of international trade, so that there can be no reasonable expectation that a patent might be exploited within our Borders."

"In which case, your opposition is bizarre and frustrating, seeing as you have no standing on this issue."