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you are here: > United Ireland
> Article 18
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2. Universal
Principles
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| Article 18- Intellectual Property and Copyright | ||
| 18.1 | Copyright | |
| Copyright is the recognition by the nation of the ownership of intellectual property by individuals or corporations. Copyright is also the recognition of certain rights of copyright that shall be enforced and protected by rights of this constitution. |
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| 18.2 | Intellectual Property | |
| Intellectual property is the demonstrated invention of ideas whether in the form of structured conceptual papers, registered thesis, published book, published article, patent application, patent lodgement, trademark lodgement or physical invention. |
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| 18.3 | Rights of copyright | |
| It shall be the rights of owners of copyright that their intellectual property be protected from unauthorised use in terms of mass publication, creation or enhancement, production and manufacturing, trade and sale within the borders of the Nation. |
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| To the extent that the intellectual property in dispute is within 10 % of the exact knowledge, idea structure, ingredients, packaging, name, brand image, it shall be deemed that the rights of copyright have been infringed. |
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| Only registered intellectual property capable of being established in origin either through patent, trademark, legal deposit or independent storage facility may be considered as the basis of any copyright dispute. |
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| 18.4 | Registration of Copyright | |
| The Nation shall store central records of certain types of intellectual property for the proper enforcement and protection of the nationals intellectual capital and the inventions of corporations and individuals. |
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| These registration systems shall be: | ||
| Patent registration and index Trademark registration and index Legal Deposit registration and index Data Deposit registration and index |
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| 18.5 | Patent registration and index | |
| The Nation recognizes the patent of invention as a method of registering unique intellectual property. A register of the international and domestic patents shall be held against their ownership to citizens or foreign citizens and/or foreign corporations. |
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| To the extent that it best serves the interest of the members of the Nation that the protection of both national and international patents prohibits local inventors from using this intellectual property for local generic products, the nation shall enforce the rights of copyright to the rightful owner. |
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| To the extent that it does not best serve the interest of the Nation to prohibit the creation of local generic products based on important intellectual property, the Nation shall seek to purchase this intellectual property on behalf of all members of the Nation. |
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| 18.6 | Nation ownership of intellectual property rights | |
| The Nation shall from time to time seek to purchase from local and international inventors the intellectual property rights to key invention for the betterment of society. |
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| The registers of Nation ownership of intellectual property rights shall be: |
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| Human Biology Animal Biology Materials Chemistry Machine technology Computer technology |
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| Proceeds from the enforcement of Nation patent rights shall be held in general treasury for the benefit of the Nation as a whole. |
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| 18.7 | Temporary suspension of patent enforcement | |
| If in the interests of the Nation, the enforcement of national or international patent rights are preventing an issue, need or crisis from being averted, then the Nation shall reserve the right to suspend the enforcement of those patents. This option shall only be available as a last resort if all commercial arrangements have failed to secure a satisfactory purchase of the required intellectual rights. |
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