china genetic patent resolution final

QUESTION OF: Policies and Restrictions on Genetic PatentsMAIN-SUBMITTER: ChinaCO-SUBMITTERS: Singapore, Turkey, India, Brazil, Argentina CO-SPONSORS: Iraq

THE ECONOMIC AND FINANICAL COMMITTEE,

Fully aware of the rapid growth of society, in which the limiting of ideas for genetic development would be detrimental to the expansion of mankind and the human desire for knowledge;

Fully respecting the intellectual property rights and national interests that member states and independent firms may exercise;

Believing in the necessity of genetic patents for innovative incentive to channel research into new and unexplored areas;

Acknowledging the effect genetic patenting has on biotechnology companies' stock market valuation, and that threatening the concept would cause market upheaval,Recognizing the opportunities for establishing trade and multilateral relations in global collaboration;

Taking note of existing entities such as the WIPO, EAPO, EPO, USPTO, JPO and ARIPO and their influences on the matter;

Acknowledging the necessity to protect traditional, indigenous and biological means of information;

Stressing the importance in establishing a cohesive system that will allow for rapid growth in all industries that can benefit from genetic research;

Stressing the importance in maintaining an open and fair system of regulations which do not put any one country at an unjust advantage;

1. Calls for the creation of the International Patent Office (IPO) to be joined by all member states, whose roles will include but will not be limited to:

a. conducting extensive reviews on all existing treaties and genetic patents over the past 5 years,

b. providing a second layer of rigorous scrutiny for national patents to meet international standards mentioned in sub-clauses i-vi of clause 4,

c. representing member states through the majority rule voting procedures of new laws/regulations regarding genetic patents;

2. Suspends all rights of general and commercial protection given to genetic patents over the past 5 years by participating nations of the IPO until their validity as patentable inventions is confirmed by the IPO;

3. Requests for an increase in transparency in the patenting process through co-operation with non-government organizations, deemed to be an asset in terms of providing the following information that is required to be explicitly disclosed:

a. the country providing the biological resource and/or the associated traditional knowledge,

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b. from whom in the providing country the resources were obtained, and, as known after reasonable enquiry, the country of origin,

c. information of evidence of compliance with legal requirements in the providing country for prior informed consent for access and fair and equitable benefit- sharing arising from the commercial or other utilization of such resources and/or associated traditional knowledge;

4. Requires all genetic patent applications of all member states be subject to a rigorous process to ensure the quality and originality of new patents including the following steps:

a. requires that all patents fit certain criteria upon filing to ensure the quality of filed patents, including:

i. the invention described must be a product of human intervention,

ii. the invention must be novel,iii. the invention should be difficult for another inventor to

duplicate the knowledge contained within a patent without help,

iv. the invention must be useful or have an industrial purpose,b. implements a period of three months in which the details of a patent,

as described in clause 3, are visible to the general public and can be objected to by any party with sufficient evidence for the invalidity of the patent,

5. Establishing the United Nations Patent Protection Firm (WIPPF), a sub-committee of the IPO, whose roles will include but not be limited to the following:

a. designating the terms of protection ranging from 1 to 5 years in which the following rights are enforced:

i. exclusivity to only perform academic and medical research by the applicant of the patent

ii. restriction of third parties from making, using, selling or distributing unless with the permission of the applicant of the patent

b. designating the term of commercial protection ranging from 1 to 5 years in which the following rights are enforced:

i. exclusive rights for the applicant of the patent to commercially distribute or sell the patent,

ii. restriction of third parties from commercially distributing or selling the patent,

iii. restriction of third parties to only perform academic and/or medical research,

c. allowing full exemption from the restrictions above under circumstances including but not limited to the following:

i. provision of specific patents for agriculturally-based LEDCs for internal agricultural and economical development,

ii. urgent demand from the general public, iii. assumed knowledge and simple biological processes,

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iv. organisms considered dangerous biological hazards,v. Emergency protocol, in which the discretion lies with only the

Secretary-General or the WHO Director-General,d. overseeing the period described in clause 4b in which patents under

application can be challenged, in which case:i. the challenger to the patent may present a case, to which the

applicant for the patent may present a counter-case at the International Criminal Court,

ii. in the event that the applicant is unable to respond to a challenge, the patent applicant may choose to have a representative from the IPO present the case for the acceptance of the patent,

iii. the decision to accept proposals and reject a patent filing will fall on a justice from the ICC;

6. Encourages individual scientists to explore and present new genetic patents for the benefit of human knowledge and offers protections to individuals and legally defined small firms including:

a. representation by an IPO lawyer in the case that an entity is accused of patent violation but is unable to afford legal representation,

b. entertaining protests of invalidity

7. Further recommends that in order to prevent the abuse of patents, patent holders existing in any member state are subject to minor restrictions such as:

a. imposing a moderate fine upon a firm if an accusation of patent infringement is overturned on the grounds of irrelevance or patent invalidation,

b. preventing the resale of patents, to limit the extent to which pure litigation firms can obtain and abuse the patent protection system,

8. Decides to remain actively seized on the matter.

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china genetic patent resolution final

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