Foreign Patent Recognition
A resolution to reduce barriers to free trade and commerce.
Category: Free Trade | Strength: Mild

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

Further recognizing that the effectiveness of patents is substantially reduced when other member states fail to recognize them,

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:
   
   
   1. to use, manufacture, offer for sale and import or export the invention,
      
      
   2. to sell or license any of these rights to others,
      
      
   3. to seek an injunction and fair damages against any entity that infringes upon these rights, and
      
      
   4. 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 a minimum of twenty years after the date on which the patent was granted, or the period used by the member state that granted the patent;
   
   
5. Authorizes member states to create reasonable limitations and exceptions to the exclusive rights associated with certain foreign patents when:
   
   
   1. 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,
      
      
   2. 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,
      
      
   3. 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
      
      
   4. 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;
      
6. 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;
   
   
7. 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;
   
   
8. Further clarifies that nothing in this resolution should be interpreted as limiting the World Assembly from further legislating on patents.
   

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(This post was last modified: 11-29-2014, 05:49 AM by Vote Collector.)

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This follows the same model as previously passed resolutions Foreign Copyright Recognition and Foreign Patent Recognition; it is a replacement of sorts following the repeal of The General Patent Charter.

One detail that may not be obvious to WA voters on first glance is that Article 6 of this resolution expands, or at least clarifies, the powers of the World Assembly Trade Commission to resolve disputes in trade arising from IP law, which is a very useful feature.

This is an excellent proposal and I, probably in the minority, will be voting FOR.

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As the author, I'd be happy to answer any questions anyone might have.

I'm also voting FOR, of course.

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