At Vote:[GA] Repeal "Foreign Patent Recognition" [Complete]

Mousebumples

Mousebumples

TNPer
Repeal "Foreign Patent Recognition"
A resolution to repeal previously passed legislation.
Category: Repeal
Resolution: GA#347
Proposed by: Wallenburg

Description: WA General Assembly Resolution #347: Foreign Patent Recognition (Category: Free Trade; Strength: Mild) shall be struck out and rendered null and void.

Argument: Recognizing the utility of patents to many member states;

Encouraging well-reasoned legislation on the issue of patent rights and 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;

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;

Noticing that GA #347 leaves many less advanced member states and their inhabitants to suffer the loss of their intellectual rights to more advanced member states and their inhabitants;

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;

Unconvinced that the ten-year minimum for foreign patent recognition set in clause four (4) is anything but an arbitrarily set number, with no absolutely consideration for the varying value of time on different member nations;

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;

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;

Disappointed that this resolution seeks to impose national law beyond its jurisdiction into other nations, compelling nations to recognize the legal power of patent agreements made in foreign nations;

Ultimately convinced that GAR #347 needlessly reduces economic freedoms and limits property rights;

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

Co-authored by Caracasus.
Click to expand...

Please vote: For, Against, Abstain, or Present.

As a reminder, a vote FOR the repeal means that you want to move the existing legislation from enforcement.
 
MOWAA Recommendation
"For [the target resolution] to even have a chance of being functional, it would need to provide far tighter definitions of the terms. There are so many ways this could be abused. For example, there is apparently nothing to stop the old school practice of "submarining," where a patent application and examination process extends over many years, enabling a member to state to issue patents on unpatented technologies long after invention. Every other member state would then be required to recognize the patent from the first member state for 10 years. This, among other reasons, is why the standard in patent systems around the world is now to measure the lifetime of a patent from when it was filed, not when it issues.

"In short, this is an absolutely terrible piece of legislation that attempts to deal with incredibly complex and nuanced issues in a handful of (poorly conceived) paragraphs."

As a result, the Ministry recommends a vote in favor of the repeal.

Note: This recommendation is quoted largely - with permission - from a post made by a Malashaan
 
For.

Rumata has no interest in recognizing foreign patents or the entitlements they may bestow. Additionally, the original resolution seems broken even from the perspective of many who support the commodification of intellectual property.
 
For,

I would also like to commend whoever came up with the great idea of TG'ing WA members with the recommended vote. I thought that was helpful
 
Voting on this resolution has ended.

Thanks to those nations who cast their votes. Your participation is a great help to the region.

This topic has been locked and sent to the Archives for safekeeping. If you would like this topic to be re-opened for further discussion, please contact the WA Delegate, a Global Moderator, or an Administrator for assistance. Thank you.
 
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