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A
BILL
TO
Establish Protections for Intellectual Property
BILL
TO
Establish Protections for Intellectual Property
1 - About this Act
(1) This Act
(a) may be cited as the ‘Intellectual Property Act’ or ‘IP Act.’
(b) may be numbered as P.B.04-017.
(c) shall be enacted immediately upon its signage.
(d) has been authored by Member of Parliament Nim.
(e) has been co-sponsored by Member of Parliament ConsequencesInc.
2 - Definitions
(1) For the purposes of this Act, the following definitions shall apply:
(a) “Intellectual Property” refers to any original creation of the mind produced within the Kingdom of Alexandria, including but not limited to builds, redstone contraptions, written works, maps, artwork, banners, business names, and logos.
(b) “Copyright” refers to the exclusive right of a creator to control the reproduction, distribution, and display of an original work.
(c) “Patent” refers to the exclusive right granted to a creator over an original and novel redstone mechanism, farm design, contraption, or functional innovation.
(d) “Trademark” refers to any distinctive name, symbol, banner design, or combination thereof used by a registered business or individual to identify and distinguish their goods or services.
(e) “Creator” refers to any player who has produced an original work, design, or innovation within the Kingdom.
(f) “Registrar” refers to the Ministry of Trade and Finance or such body as Parliament may designate to maintain the Intellectual Property Register.
(g) “Infringement” refers to the unauthorised use, reproduction, or imitation of protected intellectual property.
(h) “The Register” refers to the Official Intellectual Property Register maintained by the Registrar.
3 - Copyright
(1) Scope of Copyright Protection
(a) Copyright shall automatically vest in the Creator of any original work upon its creation within the Kingdom of Alexandria.
(b) Works eligible for copyright protection shall include:
(i) Written works, including books, journals, signs, and other literary compositions.
(ii) Architectural works, including original building designs and structures.
(iii) Artistic works, including maps, paintings, banner designs, and pixel art.
(iv) Musical compositions produced using note blocks or other in-game instruments.
(2) Rights of the Copyright Holder
(a) The copyright holder shall have the exclusive right to:
(i) Reproduce or authorise the reproduction of the work.
(ii) Distribute copies of the work.
(iii) Display the work publicly.
(iv) Create derivative works based upon the original.
(b) The copyright holder may transfer, license, or sell their copyright to another player by written agreement filed with the Registrar.
(3) Duration of Copyright
(a) Copyright shall remain in effect for the duration of the Creator’s active citizenship in the Kingdom.
(b) Upon the Creator’s departure from the Kingdom or inactivity exceeding sixty (60) days, their copyright shall enter the public domain unless a successor is designated in writing with the Registrar.
(4) Fair Use
(a) The following shall not constitute copyright infringement:
(i) Use of a copyrighted work for purposes of education, news reporting, or parliamentary proceedings.
(ii) Reproduction of a small or insubstantial portion of a work for commentary or critique.
(iii) Use of a copyrighted work with the express written or verbal permission of the copyright holder.
(iv) Incidental inclusion of a copyrighted work in the background of a build or photograph.
4 - Patents
(1) Scope of Patent Protection
(a) A patent may be granted for any original, novel, and functional innovation created within the Kingdom, including:
(i) Redstone mechanisms and contraptions.
(ii) Automated farm designs.
(iii) Transportation systems and devices.
(iv) Any other functional innovation that demonstrates originality and utility.
(b) A patent shall not be granted for:
(i) Designs or mechanisms that are commonly known or widely used across Minecraft servers prior to their creation in the Kingdom.
(ii) Purely decorative or aesthetic works, which shall fall under copyright.
(iii) Natural game mechanics that have not been substantially modified or combined in an original manner.
(2) Patent Registration
(a) To obtain a patent, a Creator must file an application with the Registrar, which shall include:
(i) A detailed description of the innovation.
(ii) At least one screenshot or diagram demonstrating the design.
(iii) A statement of originality affirming the work is the Creator’s own.
(iv) A filing fee of £150.
(b) The Registrar shall review the application within seven (7) days and either approve or deny the patent.
(c) Denied applications may be appealed to the Magistrate Court within fourteen (14) days of denial.
(3) Rights of the Patent Holder
(a) The patent holder shall have the exclusive right to:
(i) Build, use, and operate the patented innovation.
(ii) License or sell the rights to build the patented innovation to other players.
(iii) Seek legal remedy against any player who reproduces the patented innovation without authorisation.
(b) The patent holder may transfer their patent to another player by written agreement filed with the Registrar.
(4) Duration of Patents
(a) A patent shall be valid for a period of ninety (90) days from the date of approval.
(b) A patent may be renewed for additional ninety (90) day terms upon payment of a renewal fee of £100 and confirmation that the patent holder remains an active citizen.
(c) A patent that is not renewed shall expire, and the innovation shall enter the public domain.
5 - Trademarks
(1) Scope of Trademark Protection
(a) A trademark may be registered for any distinctive name, symbol, banner design, slogan, or combination thereof used in commerce within the Kingdom.
(b) A trademark must be:
(i) Distinctive and not merely descriptive of the goods or services offered.
(ii) Not confusingly similar to an existing registered trademark.
(iii) Not offensive, obscene, or in violation of the Alexandrian Criminal Code.
(2) Trademark Registration
(a) To register a trademark, a player or registered business must file an application with the Registrar, which shall include:
(i) The name, symbol, or design to be trademarked.
(ii) A description of the goods or services associated with the trademark.
(iii) Proof of use in commerce within the Kingdom, or a declaration of intent to use.
(iv) A filing fee of £200.
(b) The Registrar shall review the application within seven (7) days and either approve or deny the trademark.
(c) Approved trademarks shall be published on the Register for a period of seven (7) days, during which any player may file an opposition.
(d) Denied or opposed applications may be appealed to the Magistrate Court within fourteen (14) days.
(3) Rights of the Trademark Holder
(a) The trademark holder shall have the exclusive right to:
(i) Use the registered trademark in connection with their goods or services.
(ii) Prevent other players or businesses from using a confusingly similar mark in the same or related trade.
(iii) License the use of their trademark to other players or businesses.
(b) The trademark holder may transfer their trademark to another player or business by written agreement filed with the Registrar.
(4) Duration and Maintenance of Trademarks
(a) A registered trademark shall remain in effect indefinitely, provided the holder:
(i) Continues to use the trademark in commerce within the Kingdom.
(ii) Remains an active citizen of the Kingdom.
(b) A trademark shall be deemed abandoned if:
(i) The holder ceases to use the trademark in commerce for a continuous period of thirty (30) days without justification.
(ii) The holder departs the Kingdom or becomes inactive for more than sixty (60) days.
(c) Abandoned trademarks shall be removed from the Register and may be registered by another party.
6 - The Intellectual Property Register
(1) The Registrar shall establish and maintain the Official Intellectual Property Register, which shall be publicly accessible.
(2) The Register shall contain:
(a) All registered patents, including descriptions, holders, dates of registration, and expiry dates.
(b) All registered trademarks, including marks, holders, associated goods or services, and status.
(c) All voluntarily registered copyrights, including works, holders, and dates of registration.
(3) Any player may inspect the Register free of charge.
(4) The Registrar shall update the Register within three (3) days of any approval, transfer, expiry, or revocation of intellectual property rights.
7 - Amendments to the Alexandrian Criminal Code
The Alexandrian Criminal Code (A.P.003) shall be amended in the following manner:
(1) A new Section 10 shall be inserted after Section 9, reading as follows:
10 - Intellectual Property Offenses
(1) Offenses
(a) Copyright Infringement (Misdemeanor)
(i) Definition: The act of reproducing, distributing, displaying, or creating a derivative of a copyrighted work without the authorisation of the copyright holder and outside the scope of fair use as defined in the Intellectual Property Act.
(ii) Minimum Punishment: £200 Fine.
(iii) Maximum Punishment: £500 Fine + 15 Minutes in Jail.
(b) Patent Infringement (Misdemeanor)
(i) Definition: The act of constructing, using, or selling a patented innovation, or a substantially similar reproduction thereof, without the authorisation of the patent holder.
(ii) Minimum Punishment: £300 Fine.
(iii) Maximum Punishment: £750 Fine + 15 Minutes in Jail.
(c) Trademark Infringement (Misdemeanor)
(i) Definition: The act of using a registered trademark, or a confusingly similar mark, in commerce without the authorisation of the trademark holder.
(ii) Minimum Punishment: £200 Fine.
(iii) Maximum Punishment: £500 Fine + 10 Minutes in Jail.
(d) Counterfeiting (Felony)
(i) Definition: The deliberate and knowing use of a counterfeit trademark or the production of goods bearing a counterfeit trademark with the intent to deceive consumers or damage the reputation of the trademark holder.
(ii) Minimum Punishment: £500 Fine + 10 Minutes in Jail.
(iii) Maximum Punishment: £1,500 Fine + 30 Minutes in Jail.
(e) Fraudulent Registration (Felony)
(i) Definition: The act of knowingly filing a false or misleading application for a patent, copyright registration, or trademark with the intent to claim ownership of another player’s intellectual property.
(ii) Minimum Punishment: £500 Fine + 10 Minutes in Jail.
(iii) Maximum Punishment: £1,000 Fine + 20 Minutes in Jail.
(f) Wilful and Repeated Infringement (Felony)
(i) Definition: The act of continuing to infringe upon a patent, copyright, or trademark after having received a formal cease-and-desist notice or court order to stop.
(ii) Minimum Punishment: £750 Fine + 15 Minutes in Jail.
(iii) Maximum Punishment: £2,000 Fine + 30 Minutes in Jail.
(2) Additional Remedies
(a) In addition to the penalties set out in Section 10(1), the Court may order:
(i) The removal or demolition of any infringing build, structure, or contraption.
(ii) The seizure of profits earned through infringement.
(iii) An injunction prohibiting the infringer from further use of the protected intellectual property.
(iv) Compensation to the intellectual property holder for damages suffered.
8 - Dispute Resolution
(1) Any dispute arising under this Act may be brought before the Magistrate Court by the aggrieved party.
(2) The Magistrate Court shall have jurisdiction to:
(a) Determine the validity of a registered patent, copyright, or trademark.
(b) Order remedies as set out in Section 10(2) of the Alexandrian Criminal Code, as amended by this Act.
(c) Revoke a patent, copyright, or trademark obtained through fraud or in violation of this Act.
(3) Appeals from the Magistrate Court in matters relating to this Act may be heard by the Chancery.
9 - Miscellaneous Provisions
(1) Nothing in this Act shall be construed to limit the rights of the Crown, Parliament, or the Staff to use any build, design, or creation for the purposes of server administration, maintenance, or development.
(2) Intellectual property rights established under this Act shall not apply to any creation produced as part of an official government project or commission, which shall be the property of the Kingdom.
(3) The Ministry of Trade and Finance may issue regulations and guidance to facilitate the administration of this Act, provided such regulations are consistent with its provisions.
(4) If any provision of this Act is found to be unconstitutional or unenforceable, the remaining provisions shall continue in full force and effect.
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