Repeal "The General Patent Charter"
A resolution to repeal previously passed legislation.
Category: Repeal | Resolution: GAR #93

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:

1. 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,
   
2. 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,
   
3. 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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Proposal page here.  Voting page here. Forum thread here. Author sanctioned replacement here.

(This post was last modified: 10-12-2014, 09:45 PM by PR Pieskia.)

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The replacement does seek to be more thorough. I haven't read it in detail, since I've just woken up.
But I'll probably vote FOR the repeal.

Just as a matter of curiosity, with this repeal and the replacement, would the Patent Archive cease to exist?

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(This post was last modified: 10-06-2014, 01:40 PM by sandaoguo.)

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Just as a matter of curiosity, with this repeal and the replacement, would the Patent Archive cease to exist?

Yes, I suppose it would. A centralized patent archive for all WA member states is probably a bad idea, though. I don't think you could even create and manage something like that in real life.

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I am FOR this, and leaning towards the replacement too.

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Repeal "The General Patent Charter" was passed 6,934 votes to 2,081.

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