[Grosseschnauzer]

Quote: Repeal "UN Patent Law"

A proposal to repeal a previously passed resolution

Category: Repeal

Resolution: #156

Proposed by: Kelssek

Description: UN Resolution #156: UN Patent Law (Category: Free Trade; Strength: Significant) shall be struck out and rendered null and void.

Argument: RECOGNISING the desirability of harmonising international patent regulations; however,

CONVINCED that the harm of a patent should not be greater than the corresponding public benefit; and,

CONCERNED by the failure of the UN Patent Law to provide exceptions for vitally important items, such as lifesaving medicines, which has caused lives to be lost due to the unaffordability of patented medicines and the constraining of UN member nations from independently carrying out the production of such medicines; and,

BELIEVING that the international patent system contains inherent flaws, that it poses impediments to the welfare of the people of the world and to economic efficiency, that other incentive systems besides monopoly profits are possible, and hence that it should not be uncompromisingly enforced upon the world;

NOW THEREFORE, the United Nations, in council assembled,

ABOLISHES the United Nations Patent Registry; and,

REPEALS Resolution 156, "UN Patent Law".

Voting Ends: Fri Mar 30 2007 [/quote]

[Grosseschnauzer]

Quote: UNITED NATIONS RESOLUTION #156
UN Patent Law

A resolution to reduce barriers to free trade and commerce.


Category: Free Trade


Strength: Significant


Proposed by: Ceorana

Description: The UN,

NOTING that without guaranteed protection of ideas for products, there is no incentive to invent them, and that without international protection of ideas for products, there is no incentive to market them internationally,

AFFIRMING that international trade strengthens all economies involved,

CONCLUDING that the international protection of ideas for products will strengthen the economies of all member states,

NOTING WITH REGRET that national patent laws laws are inevitably different and therefore incompatible, but that this could be solved through an international patent law,

1. DEFINES, for the purpose of this resolution:
a. "patent" as a protection by law of a novel, useful and nontrivial idea for a product or invention for a limited amount of time, after which the idea becomes free for all to use;
b. "information" as including all knowledge, both known and unknown, specifically genetic code of natural organisms, scientific theories, mathematical algorithms, etc.;

2. STRESSES that patents are protections on the idea for an invention, not the specific invention, but the specific invention is by definition covered in the patent for its idea;

3. CREATES the United Nations Patent Registry (UNPR) for the purpose of keeping a registry of patents in all nations, which shall register patents by the following process:
a. The inventor of the product, or his/her/its designee, must write an application to the UNPR detailing the nature of the product, what ideas should be patented as part of the patent, and detailed sketches, blueprints, photographs, construction plans and/or other related media detailing and defining the product and idea;
b. The inventor of the product now has exclusive use of the idea and production rights to the product until the approval process is complete;
c. The UNPR will review the patent, both to make sure that it is not too wide in the scope of the ideas that it wishes to cover and that it is not a duplication of a patent already in the UNPR;
d. If these criteria are met, the patent will be approved and given an identification number, from which time the inventor holds exclusive rights to the idea and exclusive production rights to the product for a period of 17 years, after which the idea is free for all to use;

4. DECLARES that there will be a three year period, starting at the time of passage of this resolution, in which all national patents shall be submitted to the UNPR for review, and any patents which cover the same idea will not be internationally protected unless all of the patent holders can reach an agreement on joint ownership of the patent within a period of five years;

5. STIPULATES that patents may not pertain to:
a. any invention which is already in use at the time of application;
b. any intangible product, such as computer code or information;
c. biological organisms;
d. specific designs for inventions, although a specific design must be covered in the patent;

6. DECLARES that patents may be held by any person or corporation and that they are transferable by mutual agreement, at which time the UNPR must be notified;

7. EMPHASIZES that nations still have the right to have and enforce national patent law, which may or may not cover the same inventions as the UNPR, but reminds them that UN Patent Law is supreme to national patent law, and any inventions patented in the UNPR may not be produced in any UN nation without consent of the patent holder.

Votes For: 7,084
Votes Against: 3,998

Implemented: Fri May 5 2006 [/quote]

This is the second IDU-originating resolution to be subject to a repeal vote in a matter of weeks. I feel as though the IDU is under attack.

[Antrium]

So strange that until lately we hadn't had any, and now there's two repeals. Hopefully this one will meet the same fate as the other.

I stand by the original, and vote AGAINST.

[Mikitivity]

As does Mikitivity. We still support Ceorana's resolution. It was well crafted.

[Gnejs]

Ditto. AGAINST.

Linda Anaris
UN-Office
GPRG

[Grosseschnauzer]

Quote: How Should the Delegate cast the Region's Vote?
FOR repeal  [ 0 ]  [0.00%]
AGAINST repeal  [ 3 ]  [100.00%]
ABSTAIN  [ 0 ]  [0.00%]
Total Votes: 3[/quote]

The vote end tomorrow, so I need to cst the Region's vote. It's Against repeal, of course, as this is a resolution drafted under the aegis of the IDU.

[Eisophca]

This repeal is patent nonsense. I can't be bothered to check NS, but I think it's passing, so I'm sort of drafting a replacement.

[Enn]

It passed with flying colours. I know Kelssek's drafting his own replacement on UNOG at the moment, and I'm sure many others are doing likewise.

[Grosseschnauzer]

Quote: The resolution Repeal "UN Patent Law" was passed 6,336 votes to 4,660.[/quote]