Non-discrimination regarding the nationality of the inventor or the place of the invention
- Introduction.
When analyzing the validity element of the three tier analysis that inspired the TRIPS PLUS ULTRA proposal (the other two elements are its justice and its effectiveness), we´ve said that the TRIPS Agreement sets a global standard, and that this global standard admits exceptions and limitations. We´ve also said that the relevance of the limitations must be measure in comparison with the global heart of the patent; what was set to be its heart is by far more relevant than what was left out, globally).
When analyzing how those global standards get implemented, we also said that “as for patents, the minimums parameters of the agreement are either impossible (conceptually there is no such possibility) or hard (because of practical elements) to exceed”.
Up next you will find quotes from “A global solution for the protection of inventions” (pp. 58) that explains one of those global standards: there should be no discrimination regarding the nationality of the inventor or the place of the invention.
2. The standard: no discrimination regarding the nationality of the inventor or the place of the invention.
“Continuing with the proposed analysis the next principle, which admits no exception, is the principle of non-discrimination regarding the place of the invention of the product and the nationality of the inventor. This principle is derived from the principles of National-Treatment and Most-Favoured-Nation. This is a righteous and unequivocal principle that conceptually cannot be exceeded (not just a minimum but a true worldwide parameter)”.
(Go back to the validity analysis for more on what the global regulation regarding patents looks like.)