[free-sklyarov] WTO, TRIPS and patentable Micro-organisms

[Jon O .]

Looks like Stallman's points about Free Software and it's 
relation to Freedom are beginning to take shape:


International Chamber of Commerce:
http://www.iccwbo.org/home/intellectual_property/tripse.asp

Another very interesting document:
http://www.ustr.gov/pdf/special.pdf

Interesting snippets:
Courts must be granted the ability to order unannounced raids in 
appropriate cases to determine whether infringement is taking place 
and to preserve evidence of infringements

Argentina refuses to recognize micro-organisms as patentable.

..questions remain whether sufficient legal authority exists 
*as required* by the TRIPS Agreement for civil ex parte search procedures.

Macau's courts have implemented a special expedited prosecution 
system that allows a suspect to be brought immediately to trial.

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Provides real world examples of trade disputes and IP enforcement
in other countries. One scary point, Argentina refuses to recognize
micro-organisms as patentable. This is something most people have
not thought of or at least in terms of designing an animal and then 
having full rights to it. 

Now, if Monsanto sticks some star link corn in the field next to mine
and the wind blows causing the corn to intermingle, it would seem 
that mother nature herself is trafficing in a circumvention device
and should be arrested.

Ok, so there are way too many examples of circumvention devices. This
seems to confirm the fact that the law is a joke. 

However, there are some other more significant issues to this "Gobal
IP Domination Regime" which we are currently experiencing. The US
Patent process is getting out of control as I'm sure you are all aware.
Well, take a look at this statement from the document cited above:

..and it [Brazil] has significantly increased the rate at which it
processes regular patent applications. 

We are all seeing how there are many stupid patent claims being thrown
around here in the US. Much of them seem to come from a faster, less
detailed review of patents filed. Well, here you can see the WTO or
however commending Brazil for speeding up the patent process. 

As we all know patents on Genetic data are very important to the 
pharms and drug companies. All of these actions will lead to a single
conclusion -- those who have, have more. Those who do not, won't.

This may seem off-topic, but it is all very much related once you 
start looking at the broader picture. There is also some interesting
issues here:

U.S. Intellectual Property Law Goes Global
http://slashdot.org/articles/01/05/15/2138208.shtml