| International Intelectual Property Act; Committee on Trade Proposal Two | International Intellectual Property Act | |
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| Tweet Topic Started: May 12 2014, 02:15 PM (278 Views) | |
| Dorhaven | May 12 2014, 02:15 PM Post #1 |
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International Intellectual Property Act A Proposal by Dorhaven Realizing that, while most if not all nations have laws regarding the ownership and legal status of intellectual property the Ixnay community, to date, has no international framework or legal status, protection, or recognition of said property. In order to standardize and protect these copyrights, trademarks, and patents and their holders as well as bolster and secure the global economy as a whole this act will serve to set up international activities and standards concerning the aforementioned. SECTION I - DEFINITIONS 1) A copyright is defined as the legal right to own, distribute, license, and otherwise exploit a work of intellectual wealth (such as but not limited to photographs, writings, music, and software). It is applicable to any expressive form of an idea, information, or concept. 2) A trademark is defined as any sign, design, or expression used to identify a particular brand, product, or service. Like a copyright the holder of a trademark is allowed to own, distribute, license, and otherwise exploit under said trademark (such as but not limited to slogans, logos, images, and jingles as well as any combination of approved or recognized elements). 3) A patent is defined as the legal and exclusive right to an invention or concept which is not obvious or as defined and ruled by the International Court. Like a copyright and a trademark the holder of a patent is allowed to own, distribute, license, and otherwise exploit the patent. SECTION II - NATIONAL RIGHTS AND REQUIREMENTS 1) While this act, the Regional Congress, and the International Court posses the greatest authority, this act shall not infringe greatly on national rights concerning intellectual property not outlined in this article as long as it is within reason. 2) Any copyright, trademark, or patent registered under the laws of any Ixnay country is automatically protected by international laws and this act. Works belonging to the public domain are likewise recognized as belonging to the public domain. 3) Any piece of intellectual property in this act may not be used by anyone or anything without the consent and approval of the owner of that property. This include protection against the unwarranted use of intellectual property by other governments, militaries, the Regional Congress, and the International Court. 4) Intellectual property may be owned by any person or legal entity recognized by the Regional Congress and by extent the international community of Ixnay. This includes businesses and governments. 5) Once the term of any piece of intellectual property expires unless specifically otherwise stated and approved by the Regional Congress or International Court it belongs to the public domain and may be used by anyone and any legal entity. 6) All nations must recognize the validity of other's intellectual property as outlined in this act and other acts and ruling by the Regional Congress and or the Ixnay International Court. Disputes will be resolved by the International Court or by the head of the Committee on Trade (Dorhaven). 7) The International Court, in all mentions in this act, may only apply if all lower courts on a nation's jurisdiction cannot resolve a dispute between nations or peoples concerning any intellectual property. If lower, national level, courts can resolve the dispute then they shall have greater authority than the International Court for the purposes of this act. 8) Nations may opt not to submit all intellectual property to be filed and archived at once and may choose to do it over a set if time if they see fit. By one year after the passing of this act all nations must have submitted any and all intellectual property to Dorhaven to be filed and archived. Members of the Committee on Trade must submit all intellectual property to Dorhaven to be filed and archived by 6 months (half a year). SECTION III - COPYRIGHTS 1) A copyright has a lifetime of 60 years since it is first registered. After 60 years the copyright will expire and the copyrighted item will belong in the public domain. The owner of a copyright may also choose to prematurely end the copyright. 2) All copyrights shall be archived in the nation of registration and also with Dorhaven. These archives will be made readily available and viewable to the public. On request by the International Court or the Regional Congress, Dorhaven will provide a copy of any archived documentation at no expense. 3) If the owner of a copyright distributes, licenses, or otherwise exploits their copyright this must also be filled and archived with both the nation of registration and Dorhaven. SECTION IV - TRADEMARKS 1) A trademark may last and be protected as long as it is within use in the marketplace. Disputes concerning a trademark's status will be resolved by the International Court or by the head of the Committee on Trade (Dorhaven). 2) Trademarks may be archived on request of the owner of the trademark. It will be archived by Dorhaven and the country of registration (if it chooses to). These archives will be made readily available and viewable to the public. On request by the International Court or the Regional Congress, Dorhaven will provide a copy of any archived documentation at no expense. SECTION V - PATENTS 1) A patent has a lifetime of 30 years since it is first registered. After 30 years the copyright will expire and the copyrighted item will belong in the public domain. The owner of a patent may also choose to prematurely end the patent. 2) All patents shall be archived in the nation of registration and also with Dorhaven. These archives will be made readily available and viewable to the public. On request by the International Court or the Regional Congress, Dorhaven will provide a copy of any archived documentation at no expense. 3) If the owner of a patent distributes, licenses, or otherwise exploits their copyright this must also be filled and archived with both the nation of registration and Dorhaven. 4) Patents concerning information which is deemed confidential to the government from which the patent originated may opt to prevent said patent(s) from being available to the public. These patents will still have listed names available to the public and will still be recognized as valid by the international community. This may be overturned by the International Court, the Regional Congress, or the head of the Committee of Trade (Dorhaven). Initial Draft
Edited by Dorhaven, May 14 2014, 07:29 AM.
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| Kiravia | May 12 2014, 03:32 PM Post #2 |
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Lord of the Isles
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"The Federacy supports the use of the Regional Government to protect intellectual property and harmonise intellectual property laws among the countries of Ixnay. In fact, we believe, in concordance with the bill's preƤmble that standardisation and protection of intellectual property to bolster the global economy is one of the most acceptable roles for the regional government. However, we object to certain key clauses in this bill because they appear to make the Regional Government, not national governments, the primary authority on intellectual property law, removing those powers from sovereign states." Picking up a highlit and marked-up copy of the bill prepared by some interns who had great enthusiasm for experimenting with the many possible shades of the colour blue, Ribavirin continued, "The clauses to which the Federacy objects are as follows: Section I(3): 'A patent is defined as the legal and exclusive right to an invention or concept which is not obvious or as defined and ruled by the International Court.' This appears to give the Court the power to define patents, at the expense of national governments that may have different definitions. Section II(5): 'Once the term of any piece of intellectual property expires unless specifically otherwise stated and approved by the Regional Congress or International Court it belongs to the public domain and may be used by anyone and any legal entity' - This appears to give the power to extend the terms of intellectual property laws to the Regional Congress and Court alone, abrogating the power of national governments to do so. Section II(6) and Section IV(1): 'Disputes will be resolved by the International Court or by the head of the Committee on Trade (Dorhaven).' - This appears to make the Regional Government the arbiter of all intellectual property disputes. Traditionally, transnational IP disputes are ajudicated in the court systems of the nation in which the violation took place. We question why these cases must be removed from the competency of national governments and given to the Regional Government instead. We see great value in the standardisation of IP laws and protections. However, we believe that a multilateral treaty based on this bill and voluntarily ratified by individual states would be a better means toward this end than a top-down imposition of IP laws by the Regional Government. This would allow for more nuanced provisions more accommodating of diverse IP laws among nations, but also for stronger and more meaningful protections negotiated by national trade representatives. A voluntarily-negotiated treaty would probably be better-enforced by signatory states, and could still provide for a consolidated IP registry based in Dorhaven." Edited by Kiravia, May 12 2014, 03:32 PM.
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| Kistan | May 12 2014, 06:25 PM Post #3 |
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Kistan has great issue with two prevalent sections of the of this bill: 1) The set limit of trademark and patent expiration 2) The requirement to have patents publicly available, let alone in a foreign nation (Dorhaven) Such as: 2) All copyrights shall be archived in the nation of registration and also with Dorhaven. These archives will be made readily available and viewable to the public. On request by the International Court or the Regional Congress, Dorhaven will provide a copy of any archived documentation at no expense. The first issue can be solved by largely extending the time limits or allowing the owner to decide the patent expiration free of government pressure. However, the second is absolutely unacceptable. A publicly available patent is not, by any definition, a secure patent. Also, Kistan as a semi-isolationist state cannot reasonably (and will never) submit patents or trademarks to any other nation for review or dissemination. We will not give you our patents to risk their exploitation or theft, whether on an individual or national level. |
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| Dorhaven | May 12 2014, 08:14 PM Post #4 |
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The beuruacrat sat and shifted some papers. "I think you are right on that" he said, pointing to the Kiravian representative. "Your main concern appears to be the increased power of the court over the Congress. I do believe thy is a valid point. The court should be used, but only if all lower level courts cannot resolve the dispute. This I propose the following revision:" The International Court, in all mentions in this act, may only apply if all lower courts on a nation's jurisdiction cannot resolve a dispute between nations concerning any intellectual property. If lower, national level, courts can resolve the dispute then they shall have greater authority than the International Court for the purposes of this act. "As for your point", he was now pointing at the Kistanian, "I have sharper words for you. I am sorry but I do not feel you have a full grasp of what we are discussing. Your 'concern over the limited lifetime of trademarks is worrisome. I would like to note that the section concerning trademarks notes that "1) A trademark may last and be protected as long as it is within use in the marketplace. Disputes concerning a trademark's status will be resolved by the International Court or by the head of the Committee on Trade (Dorhaven)." There is not limit for a trademark. It may exost indefinitely as long as it it in use. At the risk of being rude I must ask how thoroughly you have read this proposal. Length on patents and their public availibility is however something that is true. However I would like to note that 20 years is an extremely generous lifetime for a patent. In most countries (RL ones too) 20 years is the lifetime. Some countries have even shorter lifespans. The permanent holding of a patent would also harm innovation and competition and greatly damage the economy of the world and your nation. As for your concern about the publicity of patents I once again note that that is the point of a patent. A patent is this: (found on wikipedia) "A patent does not give a right to make or use or sell an invention. Rather, a patent provides the right to exclude others from making, using, selling, offering for sale, or importing the patented invention for the term of the patent, which is usually 20 years from the filing date subject to the payment of maintenance fees. A patent is a limited property right the government gives inventors in exchange for their agreement to share details of their inventions with the public. Like any other property right, it may be sold, licensed, mortgaged, assigned or transferred, given away, or simply abandoned." The point of a patent is to have a limited lifespan and to be made public. You also come very close to an accusation of Dorhaven attempting to steal your patents. May I ask how you feel your patents are any less secure under the protection of the most technologically advanced nation and arguably the most nuetral one? Your intellectual property could not be safer." |
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| Kistan | May 12 2014, 09:48 PM Post #5 |
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"That may be so," the uniformed diplomat acquiesced, "but my position stands. I apologize for my confusion, but I rather meant to point out the expiration dates in their entirety. Kistan has a long history of supporting intellectual freedoms and rights, and we would rather that the expiration dates be based on the date of the patent-holder's death. If necessary, we will drop this point. "The issue with your holding of our parents is our only true issue with this document. While we do allow the distribution of technological advancements after the creator's death, new innovations are often of a sensitive nature in the eyes of their owner or the organization responsible for them. Putting such material in public before the patent's expiration leaves the content vulnerable. "Finally, I do not believe that you understand my nation's stance on foreign relations. We have only ever met via the regional government, and Kistan is frankly a cautious nation. We will not hand over patents to you until their time has come, though you are welcome to copies of our trademarks and copyrights." |
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| Dorhaven | May 14 2014, 07:25 AM Post #6 |
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The Dwemer did not look up. Rather he continued to write on a stack of papers. "If that is so then I believe we have reached a windows of compromise." He paused, scribbled out something and replaced it with several quick strokes of his pen. "I propose that we then lengthen both the copyright and patent lifetimes." He put a polite emphasis on the latter words. "I propose that copyroghts should last 60 years and patents should last 30 years. I believe it is a good compromise and a fair blance between rewarding the inventor and allowing the technology to relatively quickly to the market as a whole. It should enocourage innovation and also keep comsumers from being unable to acess that innovation and maintain fair choices and avoid monopolies. I hope you will agree with me on that. It would also be unfair to expect you to turn in all patents at once and have th registered and archived. I also propose a timetable be added for all nations to allow ample time to file all intellectual property. Would that be acceptable to your countries, my sirs?" New Revision
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| Emeritus Levantx | May 20 2014, 01:05 PM Post #7 |
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Democracy
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If no objections any more, I suggest we move the revised Bill to Congres. |
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| Kistan | May 20 2014, 07:41 PM Post #8 |
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Hear hear. I think this is good to go. |
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3:48 AM Jul 11