Tournament: Patterson | Round: 2 | Opponent: Broken Arrow JM | Judge: Taj
International Patent Laws are insufficient in the event of bioterrorism – compensation disputes and vague legal language cause massive delays in status quo compulsory licensing.
Mullowney and Harris 13 Mullowney, J., and Harris, N. (2013). Patent Protectability or Public Health?—An Examination of the Patent Compulsory License and Bioterrorism. Journal of Biosecurity, Biosafety, and Biodefense Law, 4(1). doi:10.1515/jbbbl-2012-0011 sid
The compulsory license also comes with its drawbacks. This article has made frequent reference
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out an express requirement that the negotiations be done in good faith.110
1~ Definitional and Interpretational Problems
Oriola 1, Taiwo A. "Against the Plague: Exemption of Pharmaceutical Patent Rights as a Biosecurity Strategy." U. Ill. JL Tech. and Pol'y (2007): 287. (Senior Lecturer in Law at the University of Derby Law School)Elmer
Given the TRIPS Agreement's generous latitudes for pharmaceutical patent rights derogation—as exemplified by
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the use of compulsory licensure for a bioterrorism-induced public health crisis.
2~ Lobbyists and Interest Groups – they deter usage of Compulsory Licensing under conditional clauses by exploitation bureaucratic red tape.
Oriola 2, Taiwo A. "Against the Plague: Exemption of Pharmaceutical Patent Rights as a Biosecurity Strategy." U. Ill. JL Tech. and Pol'y (2007): 287. (Senior Lecturer in Law at the University of Derby Law School)Elmer
b. Economic and Political Expediencies as Impediments to the Usefulness of the Consent-
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the bioterrorism context, but in all situations where public health is threatened.
Dass 21 Reuben Ananthan Santhana Dass March 2021 "Bioterrorism: Counter Terrorist Trends and Analyses" Jstor (Research Analyst with the International Centre for Political Violence and Terrorism Research)Elmer
Threat Assessment Several experts, including terrorism scholar Andrew Silke, have warned that the
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far that these calls have been adhered to by far-right elements.
Wan 20 Christopher Wan 3-25-2020 "Synthetic Biology and Existential Risk: A COVID-19 Thought Experiment" https://medium.com/@chrisxwan/synthetic-biology-and-existential-risk-a-covid-19-thought-experiment-216d575271f1 (Law and Business at Stanford University)Elmer
Existential risk Give me a lever long enough and a fulcrum on which to place
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person can re-create them. Or, at least for now.
3~ Dual use tech, DIY science, the internet, and expiring patent terms expand access to terrorist organizations.
Million-Perez, H. (2016). Addressing duel-use technology in an age of bioterrorism: Patent extensions to inspire companies making duel use technology to create accompanying countermeasures. AIPLA Quarterly Journal, 44(3), 387-436. Rachael Million-Perez is an associate with Fitzpatrick, Cella, Harper and Scinto and a graduate of the George Washington University Law School. sid
Although we all benefit from the biotechnological revolution, people worldwide are challenged by the
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.70 For this reason, dual-use technologies require viable countermeasures.
Patel and D'Souza 20 Trushar R. Patel and Michael Hilary D'Souza 5-18-2020 "Coronavirus is not a bioweapon — but bioterrorism is a real future threat" (Trushar R. Patel receives funding from the Canada Research Chair Program. Michael Hilary D'Souza receives funding from Canada Research Chair Program in conjunction with Trushar Patel. Partners)Elmer
Opportunity and expertise The feasibility of designing and dispersing biological weapons varies in difficulty depending
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can be masked by developments in medical industry, health and agricultural research.
Walsh 19, Bryan. End Times: A Brief Guide to the End of the World. Hachette Books, 2019. (Future Correspondent for Axios, Editor of the Science and Technology Publication OneZero, Former Senior and International Editor at Time Magazine, BA from Princeton University)Elmer
I've lived through disease outbreaks, and in the previous chapter I showed just how
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to pull this off. It's actually surprising that it hasn't happened yet."
Millett and Beattie 17, Piers, and Andrew Snyder-Beattie. "Existential risk and cost-effective biosecurity." Health security 15.4 (2017): 373-383. (Senior Research Fellow at the Future of Humanity Institute, where he focuses on pandemic and deliberate disease)Elmer
Why Uncertainty Is Not Cause for Reassurance Each of our estimates rely to some extent
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basis of our conservative models, until superior models of the risk emerge.
Modify it to clarify vagueness concerns
Mullowney and Harris 13 Mullowney, J., and Harris, N. (2013). Patent Protectability or Public Health?—An Examination of the Patent Compulsory License and Bioterrorism. Journal of Biosecurity, Biosafety, and Biodefense Law, 4(1). doi:10.1515/jbbbl-2012-0011 sid
Therefore, in order to grant a compulsory license, the following elements should all
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ensures that the intellectual property rights of the patents holder are likewise protected.
Resnik 4 David B. Resnik May 2004 "Terrorism and Intellectual Property Rights" https://journalofethics.ama-assn.org/article/terrorism-and-intellectual-property-rights/2004-05 (an American bioethicist who works at the National Institute of Environmental Health Sciences)Elmer
DeVille and I argued that the anthrax attacks did not meet these stringent conditions for
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it is appropriate to override IPRs to prevent or mitigate a national emergency.
The standard is maximizing expected well-being. Prefer –
Papineau '07
David Papineau, "Naturalism". Stanford Encyclopedia of Philosophy, 2007KOHS-AG
Moore took this argument to show that moral facts comprise a distinct species of non
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it is hard to see how we can have any knowledge of them.
Moen '16 – (Ole Martin, PhD, Research Fellow in Philosophy @ University of Oslo, "An Argument for Hedonism." Journal of Value Inquiry 50.2 (2016): 267). Modified for glang
Let us start by observing, empirically, that a widely shared judgment about intrinsic
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that pain is intrinsically disvaluable. I shall argue that these objections fail.
A~ Other FWs rely on long questionable claims that make them less likely. Only util is epistemically accessible.
B~ History – Thousands of years of debating haven't settled ethical questions, so presume util since there's good in making the world a better place
2~ States must use util – they seek practical benefits for constituents and aren't unified agents so they don't have intentions. No calc indicts since states use util successfully all the time and they just prove util's hard to use not impossible.
Pummer 15 Theron, Junior Research Fellow in Philosophy at St. Anne's College, University of Oxford. "Moral Agreement on Saving the World" Practical Ethics, University of Oxford. May 18, 2015 AT, recut BWSEK
There appears to be lot of disagreement in moral philosophy. Whether these many apparent
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, in general, have good lives. It's possible they'll be miserable.
A~ No intent-foresight distinction – when I foresee something it enters into my intention
B~ No act-omission distinction – omitting is just choosing not to take any other action
C~ Necessary enablers – If I ought to mow the lawn, then I
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only evaluate if you've achieved their FW by looking at the consequences of it