What's new

[P] Foreign Patent Recognition

Status
Not open for further replies.

Imperium Anglorum

Tinpot Dictator
Staff member
Joined
Apr 6, 2015
Messages
262
Capital
Londinium
Nick
IA
Category: Free Trade | Strength: Mild

Recognizing that many World Assembly member states use patents to encourage scientific and technological innovation,

Believing that the international recognition of patents will incentivize the creation of new inventions throughout all member states while providing inventors with a fair reward for their labours,

The General Assembly,


  1. Defines "invention", for the purposes of this resolution, as a device, method, composition or process that is useful, novel and nonobvious, even to others skilled in the same field;
  2. Further defines "patent", for the purposes of this resolution, as the set of exclusive rights granted to the creator of an invention, including the right:
    • to use, manufacture, offer for sale and import or export the invention,
    • to sell or license any of these rights to others,
    • to seek an injunction and fair damages against any entity that infringes upon these rights, and
    • to extinguish any of these rights;
  3. Further defines "foreign patent", for the purposes of this resolution, as any patent granted by another member state;
  4. 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;
  5. Encourages member states to extend patent terms for inventions which are subject to lengthy regulatory approval processes and other delays that reduce the effective period of protection for such inventions, such as pharmaceuticals;
  6. Authorizes member states to create reasonable limitations and exceptions to the exclusive rights associated with certain foreign patents when:
    • a substantially similar invention to the invention that is the subject of the foreign patent has been patented by a different inventor in a member state, and the date on which the substantially similar invention was first granted a patent by a member state is prior to the date on which the invention that is the subject of the foreign patent was first granted a patent by a member state,
    • 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,
    • the member state in which the invention that is the subject of the foreign patent was first granted a patent did not release the relevant patent application in a timely manner, and
    • such limitations and exceptions are necessary to enforce any additional reasonable and appropriate patent regulations created by that member state, including but not limited to regulations regarding the interpretation of clauses 1 and 2 of this resolution, so long as such regulations remain consistent with the object and purpose of this resolution;
  7. Specifies that international intellectual property disputes, including but not limited to international disputes on copyrights, trademarks, or patents, constitute international trade disputes for the purposes of international law;
  8. Clarifies that nothing in this resolution should be interpreted as requiring member nations to recognize any patents other than foreign patents, nor any patent in respect of an invention that is itself in violation of regulations unrelated to patent law, such as health and safety standards for manufactured goods;
  9. Further clarifies that nothing in this resolution should be interpreted as limiting the World Assembly from further legislating on patents.
 

Imperium Anglorum

Tinpot Dictator
Staff member
Joined
Apr 6, 2015
Messages
262
Capital
Londinium
Nick
IA
This telegram from the author of the proposal (r: South Pacific) was received by the Delegate on 8 October 2015. A (very) slightly edited version of this telegram was sent to all World Assembly member nations on 10 October 2015 as part of a wider campaign to have it passed.

Hello Imperium Anglorum,

I am writing to request that you approve my proposal to replace the now-repealed General Patent Charter, .

As you may recall, our delegation repealed the General Patent Charter several months ago. That resolution contained a number of flaws, such as a vague right of renewal that potentially restricted patents from ever entering the public domain in certain cases, that prevented it from achieving its stated goals.

However, we remain a strong advocate of patent law. By granting inventors certain exclusive rights associated with their inventions in exchange for the detailed public disclosure of that invention, governments are able to promote scientific and technological innovation at minimal cost to the public. We also support the harmonization of patent law throughout the World Assembly, as the effectiveness of patents is substantially reduced when other member states fail to recognize them.

Our proposal, , accomplishes these goals by mandating that World Assembly member states recognize foreign patents for ten years or the period used by the member state that granted the patent, whichever is less. At the same time, the proposal strikes a key balance between the rights of patent holders and the rights of the general public. Under our proposal, member states are not required to recognize domestic patents if they don't want to. In addition, member states are permitted to create reasonable limitations and exceptions to foreign patents, such as when the patent is not currently being exploited in that member state or when the relevant patent application was not released in a timely manner.

Thank you very much for considering our request. You can approve the proposal , or view the relevant drafting thread
You must be registered for see images
.

Best regards,

Joseph Fulton
Chief Ambassador, Railanan Mission to the World Assembly


Note: Railana represents the interests of in the World Assembly.
 
Last edited:

Imperium Anglorum

Tinpot Dictator
Staff member
Joined
Apr 6, 2015
Messages
262
Capital
Londinium
Nick
IA
This telegram was received from the nation of Tinfect (r: Weyard) on 8 October 2015.

Greetings, honorable delegate of, Imperium Anglorum,

The Imperium wishes to inform your government of a Proposal in the General Assembly, Foreign Patent Recognition.

This proposal, while it claims to attempt to protect innovation through international recognition of patents, does no such thing, and in fact, allows advanced, wealthy member states to force smaller, lesser advanced member states to either acquire technology through their channels, or not at all, by mandating that all member states recognize patents from all other member states, showing complete disregard for the varied economies, and technological levels of Member States.

Further, the proposal is a clear attack on Socialist Economies, and would absolutely cripple any form of Techneological Advancement that is not driven by the wealthiest member states.

At last, for those who believe patents to be favorable, the proposal creates a loophole, rendering all of its provisions entirely worthless, in that it allows for patents deemed unreasonable, for any reason, to be declared void by any member state.

The Imperium urges your government, not to approve this piece of legislation, and, should it get to vote, vote in opposition to its passage.
 
Last edited:

Imperium Anglorum

Tinpot Dictator
Staff member
Joined
Apr 6, 2015
Messages
262
Capital
Londinium
Nick
IA
I don't really have much of an opinion on this proposal. It deals with an esoteric topic which could or could not be spoken about. From a national sovereignties perspective, it is really quite neutral. Your sovereignty is expanded in some cases and decreased in others. Furthermore, the proposal doesn't really implement an enforcement mechanism for these patents, even allowing for nations to void those patents in cases where they feel the patents are unreasonable. In the end, I have no opinion, and hence, will default to against.

Polling in Europe has given a current margin of 30-8 in favour. I have voted accordingly.

Polling in Europe has changed to 77-15 in favour. My vote remains with 10 hours left on the clock. Currently at 9688 to 4469 in favour. Projected totals of ~9.8k to 4.8k.
 
Status
Not open for further replies.
Top