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UN Patent Law

Posted on May 2 2006, 11:38 AM

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.