NationStates Jolt Archive


UN Copyright Protocol

Ceorana
25-01-2006, 02:23
I posted this a while back, but it got bogged down by the holidays. For those interested, the original thread can be found at http://forums.jolt.co.uk/showthread.php?t=460384 In a nutshell, this proposal would preserve copyrights given in UN nations in all UN nations. I'm reposting both to let others get in while the thread is new and also to avoid gravedigging. I think it's almost ready for submission, but feel free to bash, crash and otherwise bust it up.
RECOGNIZING that the main investment in the creation of intellectual work is not the support needed to display it, but the time or materials spent in conceiving and creating the work;

NOTING that many nations have some sort of copyright law already in place;

SADDENED that these laws can be mutually incompatible, and can fail to protect copyright owners, especially if nations without copyright laws do not respect and enforce the copyright laws of other nations:

1. DEFINES, for the purpose of this resolution,

a) "intellectual work" as a work in which the physical materials used to represent it make up a minimal part of its value, and in which most of the value is intellectual;

b) "copyright law" as a law that restricts the distribution of intellectual work;

c) "nation of production" as the nation in which an intellectual work, exactly as it appears in its completion, was first put into tangible form;

d) "tangible form" as a support in which the intellectual work appears in its complete form, with all creative value visible;

2. PRESERVES any and all copyrights applicable in the nation of production of any work in all UN nations, regardless of where it has been distributed;

3. PRESERVES any and all applicable rights given to the copyright holder by national copyright law throughout UN nations;

4. EMPOWERS copyright holders to restrict the nations in which their international work is distributed, especially for the purpose of protecting work from citizens in non-UN nations who are not required to abide by this resolution.
Ceorana
25-01-2006, 04:29
After a suggestion on the IDU offsite forum, I have added a section on patents and expanded this to deal with trademarks as well, so as to make a more comprehensive resolution. Comments?:

-PREAMBLE-

The United Nations,

RECOGNIZING that the main investment in the creation of intellectual work is not the support needed to display it, but the time or materials spent in conceiving and creating the work;

NOTING that many nations have some sort of copyright law already in place;

SADDENED that these laws can be mutually incompatible, and can fail to protect copyright owners, especially if nations without copyright laws do not respect and enforce the copyright laws of other nations:

-SECTION I: COPYRIGHTS AND TRADEMARKS-

1. DEFINES, for the purpose of this resolution,

a) "copyrightable work" as a work in which the physical materials used to represent it make up a minimal part of its value, and in which most of the value is intellectual, including trademarks of organizations;

b ) "copyright law" as a law that restricts the distribution of copyrightable work;

c) "nation of production" as the nation in which an intellectual work, exactly as it appears in its completion, was first put into tangible form, or where a trademark first appeared on a product or logo with the applicable trademark notification symbol;

d) "tangible form" as a support in which the copyrightable work appears in its complete form, with all creative value visible;

2. PRESERVES any and all copyrights applicable in the nation of production of any work in all UN nations, regardless of where it has been distributed;

3. PRESERVES any and all applicable rights given to the copyright holder by national copyright law throughout UN nations;

4. EMPOWERS copyright holders to restrict the nations in which their international work is distributed, especially for the purpose of protecting work from citizens in non-UN nations who are not required to abide by this resolution.

-SECTION II: PATENTS-

5. DEFINES, for the purpose of this resolution, "patent" as a protection by national law of an idea for a product or invention for a limited amount of time, after which the idea becomes free for all to use;

6. CAPS the length of patents at seventy-five years past the initiation of a patent, and

7. URGES nations to set the maximum length at less than twenty-five years;

8. MANDATES that patents only be issued when there is no evidence of the invention being used before or at the time of the patent;

9. CREATES the United Nations Patent Registry (UNPR), which will be entrusted with the sole duty of maintaining a database of all patents possessed by all nations in the United Nations;

10. MANDATES that no idea patented in the UNPR be used in any product or device without consent of the patent holder, but

11. EMPHASIZES that ideas may still be restricted in member nations at the will of the national government, unless this is barred by past or future UN legislation;

12. DECLARES that if two patents are found, at the time of the setup of the UNPR, that cover sufficiently similar material to be called the same patent, the one that was first registered in a national office will be declared the one valid in all UN nations, unless the records are found to not be accurate, in which case the patents will all become null and void;
Ceorana
26-01-2006, 03:50
Update: Trademark protection has been added in its own section, to round out the proposal.
Love and esterel
26-01-2006, 04:10
I personnaly like your clause 8:

8. MANDATES that patents only be issued when there is no evidence of the invention being used before or at the time of the patent;

I was wondering if a patent/copright has to be respected if it's not used for several years by it's holder, or by someone/entity licensed by the holder

Also a question, forgive me if I read your proposal too fast, what can be coprighted/patented? my question is in particular about software and proteines existing in human/sapient or other form of life
Ceorana
26-01-2006, 04:22
Also a question, forgive me if I read your proposal too fast, what can be coprighted/patented? my question is in particular about software and proteines existing in human/sapient or other form of life
Oops. Looks like I completely missed something. I had intended for copyrights to be legal for whatever, but I guess we don't want people copyrighting certain things.

I am going to suggest that copyrights and patents can only apply to works and inventions/ideas, respectively. As for software code, I would say that patenting it would be a bad idea, but I'm wondering if that would lead me into a slippery slope of a long list of everything that can be copyrighted. How would "no patents on instructions for making something work" be?\

I was wondering if a patent/copright has to be respected if it's not used for several years by it's holder, or by someone/entity licensed by the holder

I think that since compliance is mandatory, this proposal should eliminate that problem by mandating enforcement.

And, I forgot to post my latest draft, w/ trademark section. So here it is:

RECOGNIZING that the main investment in the creation of intellectual work is not the support needed to display it, but the time or materials spent in conceiving and creating the work;

NOTING that many nations have some sort of copyright, patent and trademark law already in place;

SADDENED that these laws can be mutually incompatible, and can fail to protect copyright owners, especially if nations without copyright laws do not respect and enforce the copyright laws of other nations:

-- THE UNCTPR --

1. CREATES the United Nations Copyright, Trademark and Patent Registry (UNCTPR), which will be entrusted with the sole duty of maintaining a database of all copyrights, trademarks and patents possessed by all nations in the United Nations for the purpose of facilitating international copyright, trademark and patent law;

2. MANDATES that if two of the same copyright, trademark or patent are found in the UNCTPR at the time of the setup of the UNCTPR, both will be rendered null and void;

-- COPYRIGHTS --

3. DEFINES, for the purpose of this resolution,

a) "copyrightable work" as a work in which the physical materials used to represent it make up a minimal part of its value, and in which most of the value is intellectual;

b ) "copyright law" as a law that restricts the distribution of copyrightable work;

c) "nation of production" as the nation in which a copyrightable work, exactly as it appears in its completion, was first put into tangible form;

d) "tangible form" as a support in which the copyrightable work appears in its complete form, with all creative value visible;

4. PRESERVES any and all copyrights applicable in the nation of production of any work in all UN nations, regardless of where it has been distributed;

5. PRESERVES any and all applicable rights given to the copyright holder by national copyright law throughout UN nations;

6. EMPOWERS copyright holders to restrict the nations in which their international work is distributed, especially for the purpose of protecting work from citizens in non-UN nations who are not required to abide by this resolution.

-- PATENTS --

7. DEFINES, for the purpose of this resolution, "patent" as a protection by national law of an idea for a product or invention for a limited amount of time, after which the idea becomes free for all to use;

8. NOTES that this proposal provides no international protection for patents for discoveries, only inventions and ideas, which may capitalize on those discoveries;

9. CAPS the length of patents at seventy-five years past the initiation of a patent, and

10. URGES nations to set the maximum length at less than twenty-five years;

11. MANDATES that patents only be issued when there is no evidence of the invention being used before or at the time of the patent;

12. MANDATES that no idea patented in the UNPR be used in any product or device without consent of the patent holder, but

13. EMPHASIZES that ideas may still be restricted in member nations at the will of the national government, unless this is barred by past or future UN legislation;

14. MANDATES that patents may not apply to ways of operating a particular already-made device, especially computer code;

-- TRADEMARKS --

15. DEFINES, for the purpose of this resolution, "trademark" as a logo, symbol or phrase that is an identifying symbol of a company;

16. REQUIRES that trademarks not be used anywhere in the United Nations by companies other than the holder of the trademark as long as the holder is still in operation;
Ceorana
27-01-2006, 03:11
Could I have a mod or experienced member confirm that this does indeed belong in the "Free Trade" category? My idea is that since copyright laws will apply across the board, it will be more profitable to let work go across.

I've also received some complaints about the legaleseness of this. I've tried to fix it, and also reduce the overall length, in this draft. I'd love to have some more comments, because this doesn't seem to be getting many, but I know it's not ready for submission. Or is it?

RECOGNIZING that the main investment in the creation of intellectual work is not the support needed to display it, but the time or materials spent in conceiving and creating the work;

NOTING that many nations have some sort of copyright, patent and trademark law already in place, but

SADDENED that these laws can be mutually incompatible, and can fail to protect copyright owners, especially if nations without copyright laws do not respect and enforce the copyright laws of other nations:

SADDENED that this causes many people to not distribute their work internationally, which causes stagnation of world growth;

-- THE UNCTPR --

1. CREATES the United Nations Copyright, Trademark and Patent Registry (UNCTPR), which will be entrusted with the duty of maintaining a database of all copyrights, trademarks and patents possessed by all nations in the United Nations for the purpose of facilitating international copyright, trademark and patent law;

2. MANDATES that if two of the same copyright, trademark or patent are found in the UNCTPR at the time of the setup of the UNCTPR, both will be rendered null and void;

-- COPYRIGHTS --

3. DEFINES, for the purpose of this resolution,

a) "copyrightable work" as a work in which the physical materials used to represent it make up a minimal part of its value, and in which most of the value is intellectual;

b ) "copyright law" as a law that restricts the distribution of copyrightable work;

c) "nation of production" as the nation in which a copyrightable work, exactly as it appears in its completion, was first put into tangible form;

d) "tangible form" as a support in which the copyrightable work appears in its complete form, with all creative value visible;

4. PRESERVES any and all copyrights and rights of the copyright holder on any copyrightable work throughout the United Nations, even if it has been distributed through non-UN nations who have declared it to be under a different license;

6. EMPOWERS copyright holders to restrict the nations in which their international work is distributed.

-- PATENTS --

7. DEFINES, for the purpose of this resolution, "patent" as a protection by national law of an idea for a product or invention for a limited amount of time, after which the idea becomes free for all to use;

8. NOTES that this proposal provides no international protection for patents for discoveries, only inventions and ideas, which may capitalize on those discoveries;

9. CAPS the length of patents at seventy-five years past the initiation of a patent, and

10. URGES nations to set the maximum length at less than twenty-five years;

11. MANDATES that patents only be issued when there is no evidence of the invention being used before or at the time of the patent;

12. MANDATES that no idea patented in the UNPR be used in any product or device without consent of the patent holder, but

13. EMPHASIZES that ideas may still be restricted in member nations at the will of the national government, unless this is barred by past or future UN legislation;

14. MANDATES that patents may not apply to ways of operating a particular already-made device, especially computer code.

-- TRADEMARKS --

15. DEFINES, for the purpose of this resolution, "trademark" as a logo, symbol or phrase that is an identifying symbol of a company;

16. REQUIRES that trademarks not be used anywhere in the United Nations by companies other than the holder of the trademark as long as the holder is still in operation;b
Gruenberg
27-01-2006, 03:39
Firstly, I do agree it's high time we addressed this. I really should have done something before, but I got sidetracked. And I think this is an excellent start.

But.

I'm not sure this is entirely the right approach. In particular, I think copyrights and patents need to be dealt with separately. That's not as much a limit of the two systems, as it is a limit of the resolution system. I don't believe 3000 characters can do justice to them both.

Secondly, I think this proposal lacks a clear, defining aim. There are basically two options:
i. IP law harmonisation
ii. a recognition of nations' sovereign rights to determine IP law, and a structure for how to accommodate that

To that end, I would favour the former with regard to copyright, and the latter for patent law.

That said, what you have here is very good. It's just not fully defined enough, for my liking. So I would suggest splitting it into three:

Copyrights - keep what you have
Patents - concentrate more on filing for international patents
Trademarks - keep what you have (and if you don't think it's worth a separate proposal, then incorporate it into copyrights)

That still leaves the issue of trade secrets, but that's probably too much right now.

Also, I would think Free Trade would be fine.
Ceorana
27-01-2006, 03:46
[QUOTE]
I'm not sure this is entirely the right approach. In particular, I think copyrights and patents need to be dealt with separately. That's not as much a limit of the two systems, as it is a limit of the resolution system. I don't believe 3000 characters can do justice to them both.
OK. I've recieved a fair number of suggestions for this, so I think I'll split it into three. There is enough of a difference in the three that I guess each needs its own "mood", from what others have said.

Secondly, I think this proposal lacks a clear, defining aim. There are basically two options:
i. IP law harmonisation
ii. a recognition of nations' sovereign rights to determine IP law, and a structure for how to accommodate that
IP?


Also, I would think Free Trade would be fine.

OK, I'll put it under that then.

Since Fonzoland in particular has already combed through this pretty carefully, and there hasn't been much in the way of comments, I think I'll submit the copyright portion in the next day or so if there are no other complaints.
Fonzoland
27-01-2006, 04:12
Since Fonzoland in particular has already combed through this pretty carefully, and there hasn't been much in the way of comments, I think I'll submit the copyright portion in the next day or so if there are no other complaints.

:confused: Did I?

EDIT: Oh yeah. Now I remember... That was an eternity ago! :D
Gruenberg
27-01-2006, 04:17
IP = Intellectual Property ( = copyright/patent/trade secret/etc.)

And, can I ask, what is the justification for going with copyright first? Given Public Domain still clogs the sewers, it would make more sense to do patents first (and might be tactically better, as its approach would probably meet with less resistance from the left).
Ceorana
27-01-2006, 05:07
IP = Intellectual Property ( = copyright/patent/trade secret/etc.)
:headbang: Maybe I am crazy. Thanks.


And, can I ask, what is the justification for going with copyright first? Given Public Domain still clogs the sewers, it would make more sense to do patents first (and might be tactically better, as its approach would probably meet with less resistance from the left).

I figured that since it was almost ready to go, it would make sense to submit it first. But I guess if it would be better to do patents first, I'll start work on that.

So, as for patents, I'll get a preamble up and work on developing the idea, soon.
Ceorana
27-01-2006, 15:17
Here's a draft for the patent section. Comments are very much needed.

NOTING that protection of ideas for products is very important to stimulate world trade;

NOTING that the most effective way to accomplish this is by setting up an international patent system, as many nations' patent laws cannot stand together through simple international recognition;

RECOGNIZING that the UN is the most effective organization to facilitate this:

1. DEFINES, for the purpose of this resolution, "patent" as a protection by national law of an idea for a product or invention for a limited amount of time, after which the idea becomes free for all to use;

2. CREATES the United Nations Patent Registry for the purpose of keeping a registry of patents in all nations, which will register patents by the following process:
a. Inventor of product writes an application about the product;
b. Application is reviewed by the UNPR;
c. If there are no other matches in the UNPR, it is approved;
d. The patent holder now has exclusive use of the product, unless he or she licenses it to another person or entity, for a period of twenty-five years or an equivalent amount of time.

3. MANDATES that there will be a three earth 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 both be rendered null and void;

4. IMPOSES the following restrictions on international patents:
a. Patents may not pertain to any invention which is already in use at the time of application;
b. Patents may not pertain to any method of doing something, such as a way of doing business or a piece of computer code;
c. Patents may not pertain to discoveries, only to new inventions or products.

5. 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:
a. UN Patent Law is supreme to national patent law, and any inventions patented in the UNPR may not be used in any UN nation without consent of the patent holder;
b. National patent law does not pertain to foreign nations, unless governed by other resolutions or international treaties.
St Edmund
27-01-2006, 16:36
I'm rather unhappy about clause 3: Why shopuld the national patents for any concepts that have been independently discovered in two or more separate nations (which might, after all, actually be in or on separate worlds) automatically get cancelled?
Ecopoeia
27-01-2006, 17:30
I would like to see a specific prohibition of patenting the human genome and basic foodstuffs such as rice.

Mathieu Vergniaud
Deputy Speaker to the UN

[OOC: I recommend reading this interview (http://www.inmotionmagazine.com/global/vshiva4_int.html) with Dr Vandana Shiva, an Indian campaigner against much of the IP law that has been enacted through the WTO.
Fonzoland
27-01-2006, 18:11
I'm rather unhappy about clause 3: Why shopuld the national patents for any concepts that have been independently discovered in two or more separate nations (which might, after all, actually be in or on separate worlds) automatically get cancelled?

I agree. The UN should not mess with national patent law. At most it can decide to reject the international patent application of those. Which poses a whole new set of problems, not addressed.
Ceorana
27-01-2006, 23:07
I agree. The UN should not mess with national patent law. At most it can decide to reject the international patent application of those. Which poses a whole new set of problems, not addressed.
How about:

3. MANDATES that there will be a three earth 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 the two patent holders can reach an agreement on joint ownership of the patent within a period of five years;

What are the "problems" you speak of?

I would like to see a specific prohibition of patenting the human genome and basic foodstuffs such as rice.

This is covered in clause 4b and 4a respectively. Do you want a special protection on those to make it clear to everyone?
St Edmund
28-01-2006, 11:31
How about:


3. MANDATES that there will be a three earth 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 the two patent holders can reach an agreement on joint ownership of the patent within a period of five years;


Okay, the government of St Edmund can accept that version of the clause.
Fonzoland
28-01-2006, 11:50
What are the "problems" you speak of?

Those you solved by opening the door to agreement. ;) Might be more than two holders though.

(OOC: Sorry for the rushed post.)
Ceorana
28-01-2006, 16:45
Those you solved by opening the door to agreement. ;) Might be more than two holders though.

(OOC: Sorry for the rushed post.)

OK, how about:


3. MANDATES that there will be a three earth 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;

Now it works with a million people who have the same patent.
Ceorana
29-01-2006, 00:35
NOTING that protection of ideas for products is very important to stimulate world trade;

NOTING that the most effective way to accomplish this is by setting up an international patent system, as many nations' patent laws cannot stand together through simple international recognition;

RECOGNIZING that the UN is the most effective organization to facilitate this:

1. DEFINES, for the purpose of this resolution, "patent" as a protection by national law of an idea for a product or invention for a limited amount of time, after which the idea becomes free for all to use;

2. CREATES the United Nations Patent Registry for the purpose of keeping a registry of patents in all nations, which will register patents by the following process:
a. Inventor of product writes an application about the product;
b. Application is reviewed by the UNPR;
c. If there are no other matches in the UNPR, it is approved;
d. The patent holder now has exclusive use of the product, unless he or she licenses it to another person or entity, for a period of twenty-five years or an equivalent amount of time.

3. MANDATES that there will be a three earth 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;

4. IMPOSES the following restrictions on international patents:
a. Patents may not pertain to any invention which is already in use at the time of application;
b. Patents may not pertain to any method of doing something, such as a way of doing business or a piece of computer code;
c. Patents may not pertain to discoveries, only to new inventions or products.

5. 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:
a. UN Patent Law is supreme to national patent law, and any inventions patented in the UNPR may not be used in any UN nation without consent of the patent holder;
b. National patent law does not pertain to foreign nations, unless governed by other resolutions or international treaties.

That's the latest draft. I'd say it's pretty close to submission, but I'd like a few more nations to comment and suggest stuff before that.

I'm especially interested in if nations think we should have anything else banned from international patents.
Ceorana
30-01-2006, 05:21
I'm going to submit this w/o TG, just to see what the level of support is.

Also, bump. ;)
Ceorana
03-02-2006, 15:08
Boring Unnecessary Morbid Post

It didn't do that well without TGs, should I revise more or submit it again and try with TGs?
Gruenberg
03-02-2006, 15:30
I have some more comments, but for now, I would say that patents should be for creations which are:
- novel
- useful
- non-obvious/non-trivial
These three criteria should be established as fundamental.

And that specifically excluded should be:
- discoveries
- theories
- algorithms, mathematical methods, etc., including software algorithms
- DNA or other genetic material
- any plant, animal or other living species variety
Ecopoeia
03-02-2006, 15:53
I have some more comments, but for now, I would say that patents should be for creations which are:
- novel
- useful
- non-obvious/non-trivial
These three criteria should be established as fundamental.

And that specifically excluded should be:
- discoveries
- theories
- algorithms, mathematical methods, etc., including software algorithms
- DNA or other genetic material
- any plant, animal or other living species variety
Wholehearted agreement.
Fonzoland
03-02-2006, 16:00
I have some more comments, but for now, I would say that patents should be for creations which are:
- novel
- useful
- non-obvious/non-trivial
These three criteria should be established as fundamental.

And that specifically excluded should be:
- discoveries
- theories
- algorithms, mathematical methods, etc., including software algorithms
- DNA or other genetic material
- any plant, animal or other living species variety

Wholehearted agreement #2. But I must stress the urgency of a copyright act covering the first three.
Gruenberg
03-02-2006, 16:02
Wholehearted agreement #2. But I must stress the urgency of a copyright act covering the first three.
Patent first; then repeal Public Domain; then copyright. That's what I'd suggest anyway.
Love and esterel
03-02-2006, 16:14
- any plant, animal or other living species variety

Yes, let's imagine a search team in a UN nation, create a new form a of life
http://news.bbc.co.uk/2/hi/science/nature/4104483.stm
http://news.bbc.co.uk/2/hi/science/nature/2499119.stm

So may I suggest:
4.b ... or a piece of computer or genetic code
Ceorana
04-02-2006, 02:38
OK. I'll try to synthesize the comments into a good draft. Changes are in bold.

NOTING that protection of ideas for products is very important to stimulate world trade;

NOTING that the most effective way to accomplish this is by setting up an international patent system, as many nations' patent laws cannot stand together through simple international recognition;

RECOGNIZING that the UN is the most effective organization to facilitate this:

1. DEFINES, for the purpose of this resolution, "patent" as a protection by national law of an idea for a product or invention for a limited amount of time, after which the idea becomes free for all to use;

2. CREATES the United Nations Patent Registry for the purpose of keeping a registry of patents in all nations, which will register patents by the following process:
a. Inventor of product writes an application about the product;
b. Application is reviewed by the UNPR;
c. If there are no other matches in the UNPR, it is approved;
d. The patent holder now has exclusive use of the product, unless he or she licenses it to another person or entity, for a period of twenty-five years or an equivalent amount of time.

3. MANDATES that there will be a three earth 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;

4. IMPOSES the following restrictions on international patents:
a. Patents may not pertain to any invention which is already in use or in common knowledge at the time of application;
b. Patents may not pertain to any method of doing something, such as a way of doing business;
c. Patents may not pertain to a method of operating a device, such as a piece of computer code;
d. Patents may not pertain to discoveries, including genetic code, mathematical algorithms, scientific theories, etc.
e. Patents must pertain to inventions which have some form of use, whether it be entertainment, work automation, etc.

5. 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:
a. UN Patent Law is supreme to national patent law, and any inventions patented in the UNPR may not be used in any UN nation without consent of the patent holder;
b. National patent law does not pertain to foreign nations, unless governed by other resolutions or international treaties.
Gruenberg
04-02-2006, 04:36
That works, but I really do think those three conditions - novelty, utility, and non-triviality - are important to say as "these are what it must be to get a patent".
Ceorana
04-02-2006, 04:38
That works, but I really do think those three conditions - novelty, utility, and non-triviality - are important to say as "these are what it must be to get a patent".
How about putting that in the definition statement for clarity, and then doing the more specific stuff in clause #4:

1. DEFINES, for the purpose of this resolution, "patent" as a protection by law of an idea for a novel, useful and nontrivial product or invention for a limited amount of time, after which the idea becomes free for all to use;
Gruenberg
04-02-2006, 04:40
Yes, that's a good idea.
Ceorana
04-02-2006, 21:48
Here is the draft as it now stands:
(changes in bold)

NOTING that protection of ideas for products is very important to stimulate world trade;

NOTING that the most effective way to accomplish this is by setting up an international patent system, as many nations' patent laws cannot stand together through simple international recognition;

RECOGNIZING that the UN is the most effective organization to facilitate this:

1. DEFINES, for the purpose of this resolution, "patent" as a protection by law of an idea for a novel, useful and nontrivial product or invention for a limited amount of time, after which the idea becomes free for all to use;

2. CREATES the United Nations Patent Registry for the purpose of keeping a registry of patents in all nations, which will register patents by the following process:
a. Inventor of product writes an application about the product;
b. Application is reviewed by the UNPR;
c. If there are no other matches in the UNPR, and the product or invention has a reasonable use and is not widely known or used, it is approved;
d. The patent holder now has exclusive use of the product, unless he or she licenses it to another person or entity, for a period of twenty-five years or an equivalent amount of time.

3. MANDATES that there will be a three earth 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;

4. IMPOSES the following restrictions on international patents:
a. Patents may not pertain to any invention which is already in use or in common knowledge at the time of application;
b. Patents may not pertain to any method of doing something, such as a way of doing business;
c. Patents may not pertain to a method of operating a device, such as a piece of computer code;
d. Patents may not pertain to discoveries, including genetic code, mathematical algorithms, scientific theories, etc.
e. Patents must pertain to inventions which have some form of use, whether it be entertainment, work automation, etc.

5. 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:
a. UN Patent Law is supreme to national patent law, and any inventions patented in the UNPR may not be used in any UN nation without consent of the patent holder;
b. National patent law does not pertain to foreign nations, unless governed by other resolutions or international treaties.