Repeal "The General Patent Charter"
Category: Repeal | Resolution: GA#95 | Proposed by: Railana | Resolution link | World Assembly forum thread
Category: Repeal | Resolution: GA#95 | Proposed by: Railana | Resolution link | World Assembly forum thread
Description: WA General Assembly Resolution #93: The General Patent Charter (Category: Free Trade; Strength: Mild) shall be struck out and rendered null and void.
Argument: Affirming the practice of granting inventors certain exclusive rights associated with their inventions in exchange for the detailed public disclosure of that invention, which promotes scientific and technological innovation,
Believing that World Assembly harmonization of patent law, as attempted by GAR #93, "The General Patent Charter", is necessary, as the effectiveness of patents is substantially reduced when other member states fail to recognize them,
Regretting, however, that the target resolution's myriad flaws necessitate its repeal,
Concerned that the target resolution fails to clarify the extent to which member nations are required to recognize the validity of patents issued by other member nations, especially:
whether the right of national patent offices to renew patents under clause 2 of the target resolution compels all member nations to recognize such a renewal, as patents must always be "recognized in all member countries" under clause 1 of the target resolution,
whether, if this is in fact the case, this seemingly unrestricted renewal right would effectively allow a single member nation to prevent a patent from entering the public domain in all member nations indefinitely,
whether, if this is not the case, the target resolution effectively prohibits all member nations from renewing patents, as patents must always be "recognized in all member countries" under clause 1 of the target resolution,
Saddened that this lack of clarity largely prevents the target resolution from accomplishing its stated purpose of ensuring the "mutual recognition of patents issued by member countries,"
Disappointed that the target resolution fails to provide adequate protection against "submarine patents", or patents whose issuance and publication are intentionally delayed with the intent of launching litigation against infringing industries that developed during the delay,
Alarmed that the target resolution compels member nations to offer patent protection to domestic inventors, even though member nations may prefer to implement some other form of recognition for intellectual property for their own citizens, which is an issue with no international significance,
Hoping that a replacement resolution governing the foreign recognition of patents will soon be passed,
The General Assembly,
Repeals GAR #93, "The General Patent Charter".
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