1AC Econ Inequality NC PRO-UNION CP ECON DISAD 1AR ALL NR PRO-UNION 2AR PRO-UNION
To modify or delete round reports, edit the associated round.
Cites
Entry
Date
0 - Contact
Tournament: NA | Round: 1 | Opponent: NA | Judge: NA Hi! I'm Georgia (she/her). georgiazander25@marlborough.org
10/11/21
ND- Unions Neg
Tournament: Novice Circuit Tournament | Round: 2 | Opponent: Gustavson, Sam | Judge: LA Strikes hurt critical core industries that is necessary for economic growth John McElroy, 2019, Strikes Hurt Everybody.Wards Auto Industry News, October 25, https://www.wardsauto.com/ideaxchange/strikes-hurt-everybody This creates a poisonous relationship between the company and its workforce. Many GM hourly workers don’t identify as GM employees. They identify as UAW members. And they see the union as the source of their jobs, not the company. It’s an unhealthy dynamic that puts GM at a disadvantage to non-union automakers in the U.S. like Honda and Toyota, where workers take pride in the company they work for and the products they make. Attacking the company in the media also drives away customers. Who wants to buy a shiny new car from a company that’s accused of underpaying its workers and treating them unfairly? Data from the Center for Automotive Research (CAR) in Ann Arbor, MI, show that GM loses market share during strikes and never gets it back. GM lost two percentage points during the 1998 strike, which in today’s market would represent a loss of 340,000 sales. Because GM reports sales on a quarterly basis we’ll only find out at the end of December if it lost market share from this strike. UAW members say one of their greatest concerns is job security. But causing a company to lose market share is a sure-fire path to more plant closings and layoffs. Even so, unions are incredibly important for boosting wages and benefits for working-class people. GM’s UAW-represented workers earn considerably more than their non-union counterparts, about $26,000 more per worker, per year, in total compensation. Without a union they never would have achieved that. Strikes are a powerful weapon for unions. They usually are the only way they can get management to accede to their demands. If not for the power of collective bargaining and the threat of a strike, management would largely ignore union demands. If you took away that threat, management would pay its workers peanuts. Just ask the Mexican line workers who are paid $1.50 an hour to make $50,000 BMWs. But strikes don’t just hurt the people walking the picket lines or the company they’re striking against. They hurt suppliers, car dealers and the communities located near the plants. The Anderson Economic Group estimates that 75,000 workers at supplier companies were temporarily laid off because of the GM strike. Unlike UAW picketers, those supplier workers won’t get any strike pay or an $11,000 contract signing bonus. No, most of them lost close to a month’s worth of wages, which must be financially devastating for them. GM’s suppliers also lost a lot of money. So now they’re cutting budgets and delaying capital investments to make up for the lost revenue, which is a further drag on the economy. According to CAR, the communities and states where GM’s plants are located collectively lost a couple of hundred million dollars in payroll and tax revenue. Some economists warn that if the strike were prolonged it could knock the state of Michigan – home to GM and the UAW – into a recession. That prompted the governor of Michigan, Gretchen Whitmer, to call GM CEO Mary Barra and UAW leaders and urge them to settle as fast as possible. So, while the UAW managed to get a nice raise for its members, the strike left a path of destruction in its wake. That’s not fair to the innocent bystanders who will never regain what they lost. John McElroyI’m not sure how this will ever be resolved. I understand the need for collective bargaining and the threat of a strike. But there’s got to be a better way to get workers a raise without torching the countryside. Strikes create a stigmatization effect over labor and consumption that devastates the economy Tenza 20, Mlungisi. "The effects of violent strikes on the economy of a developing country: a case of South Africa." Obiter 41.3 (2020): 519-537. (Senior Lecturer, University of KwaZulu-Natal) When South Africa obtained democracy in 1994, there was a dream of a better country with a new vision for industrial relations.5 However, the number of violent strikes that have bedevilled this country in recent years seems to have shattered-down the aspirations of a better South Africa. South Africa recorded 114 strikes in 2013 and 88 strikes in 2014, which cost the country about R6.1 billion according to the Department of Labour.6 The impact of these strikes has been hugely felt by the mining sector, particularly the platinum industry. The biggest strike took place in the platinum sector where about 70 000 mineworkers’ downed tools for better wages. Three major platinum producers (Impala, Anglo American and Lonmin Platinum Mines) were affected. The strike started on 23 January 2014 and ended on 25 June 2014. Business Day reported that “the five-month-long strike in the platinum sector pushed the economy to the brink of recession”. 7 This strike was closely followed by a four-week strike in the metal and engineering sector. All these strikes (and those not mentioned here) were characterised with violence accompanied by damage to property, intimidation, assault and sometimes the killing of people. Statistics from the metal and engineering sector showed that about 246 cases of intimidation were reported, 50 violent incidents occurred, and 85 cases of vandalism were recorded.8 Large-scale unemployment, soaring poverty levels and the dramatic income inequality that characterise the South African labour market provide a broad explanation for strike violence.9 While participating in a strike, workers’ stress levels leave them feeling frustrated at their seeming powerlessness, which in turn provokes further violent behaviour.10 These strikes are not only violent but take long to resolve. Generally, a lengthy strike has a negative effect on employment, reduces business confidence and increases the risk of economic stagflation. In addition, such strikes have a major setback on the growth of the economy and investment opportunities. It is common knowledge that consumer spending is directly linked to economic growth. At the same time, if the economy is not showing signs of growth, employment opportunities are shed, and poverty becomes the end result. The economy of South Africa is in need of rapid growth to enable it to deal with the high levels of unemployment and resultant poverty. One of the measures that may boost the country’s economic growth is by attracting potential investors to invest in the country. However, this might be difficult as investors would want to invest in a country where there is a likelihood of getting returns for their investments. The wish of getting returns for investment may not materialise if the labour environment is not fertile for such investments as a result of, for example, unstable labour relations. Therefore, investors may be reluctant to invest where there is an unstable or fragile labour relations environment. 3 THE COMMISSION OF VIOLENCE DURING A STRIKE AND CONSEQUENCES The Constitution guarantees every worker the right to join a trade union, participate in the activities and programmes of a trade union, and to strike. 11 The Constitution grants these rights to a “worker” as an individual.12 However, the right to strike and any other conduct in contemplation or furtherance of a strike such as a picket13 can only be exercised by workers acting collectively.14 The right to strike and participation in the activities of a trade union were given more effect through the enactment of the Labour Relations Act 66 of 199515 (LRA). The main purpose of the LRA is to “advance economic development, social justice, labour peace and the democratisation of the workplace”. 16 The advancement of social justice means that the exercise of the right to strike must advance the interests of workers and at the same time workers must refrain from any conduct that can affect those who are not on strike as well members of society. Even though the right to strike and the right to participate in the activities of a trade union that often flow from a strike17 are guaranteed in the Constitution and specifically regulated by the LRA, it sometimes happens that the right to strike is exercised for purposes not intended by the Constitution and the LRA, generally. 18 For example, it was not the intention of the Constitutional Assembly and the legislature that violence should be used during strikes or pickets. As the Constitution provides, pickets are meant to be peaceful. 19 Contrary to section 17 of the Constitution, the conduct of workers participating in a strike or picket has changed in recent years with workers trying to emphasise their grievances by causing disharmony and chaos in public. A media report by the South African Institute of Race Relations pointed out that between the years 1999 and 2012 there were 181 strike-related deaths, 313 injuries and 3,058 people were arrested for public violence associated with strikes.20 The question is whether employers succumb easily to workers’ demands if a strike is accompanied by violence? In response to this question, one worker remarked as follows: “There is no sweet strike, there is no Christian strike … A strike is a strike. You want to get back what belongs to you ... you won’t win a strike with a Bible. You do not wear high heels and carry an umbrella and say ‘1992 was under apartheid, 2007 is under ANC’. You won’t win a strike like that.” 21 The use of violence during industrial action affects not only the strikers or picketers, the employer and his or her business but it also affects innocent members of the public, non-striking employees, the environment and the economy at large. In addition, striking workers visit non-striking workers’ homes, often at night, threaten them and in some cases, assault or even murder workers who are acting as replacement labour. 22 This points to the fact that for many workers and their families’ living conditions remain unsafe and vulnerable to damage due to violence. In Security Services Employers Organisation v SA Transport and Allied Workers Union (SATAWU),23 it was reported that about 20 people were thrown out of moving trains in the Gauteng province; most of them were security guards who were not on strike and who were believed to be targeted by their striking colleagues. Two of them died, while others were admitted to hospitals with serious injuries.24 In SA Chemical Catering and Allied Workers Union v Check One (Pty) Ltd,25 striking employees were carrying various weapons ranging from sticks, pipes, planks and bottles. One of the strikers Mr Nqoko was alleged to have threatened to cut the throats of those employees who had been brought from other branches of the employer’s business to help in the branch where employees were on strike. Such conduct was held not to be in line with good conduct of striking.26 These examples from case law show that South Africa is facing a problem that is affecting not only the industrial relations’ sector but also the economy at large. For example, in 2012, during a strike by workers employed by Lonmin in Marikana, the then-new union Association of Mine and Construction Workers Union (AMCU) wanted to exert its presence after it appeared that many workers were not happy with the way the majority union, National Union of Mine Workers (NUM), handled negotiations with the employer (Lonmin Mine). AMCU went on an unprotected strike which was violent and resulted in the loss of lives, damage to property and negative economic consequences including a weakened currency, reduced global investment, declining productivity, and increase unemployment in the affected sectors.27 Further, the unreasonably long time it takes for strikes to get resolved in the Republic has a negative effect on the business of the employer, the economy and employment. 3 1 Effects of violent and long strikes on the economy Generally, South Africa’s economy is on a downward scale. First, it fails to create employment opportunities for its people. The recent statistics on unemployment levels indicate that unemployment has increased from 26.5 to 27.2. 28 The most prominent strike which nearly brought the platinum industries to its knees was the strike convened by AMCU in 2014. The strike started on 23 January 2014 and ended on 24 June 2014. It affected the three big platinum producers in the Republic, which are the Anglo American Platinum, Lonmin Plc and Impala Platinum. It was the longest strike since the dawn of democracy in 1994. As a result of this strike, the platinum industries lost billions of rands.29 According to the report by Economic Research Southern Africa, the platinum group metals industry is South Africa’s second-largest export earner behind gold and contributes just over 2 of the country’s Gross Domestic Product (GDP).30 The overall metal ores in the mining industry which include platinum sells about 70 of its output to the export market while sales to local manufacturers of basic metals, fabricated metal products and various other metal equipment and machinery make up to 20. 31 The research indicates that the overall impact of the strike in 2014 was driven by a reduction in productive capital in the mining sector, accompanied by a decrease in labour available to the economy. This resulted in a sharp increase in the price of the output by 5.8 with a GDP declined by 0.72 and 0.78.32 Economic decline causes nuclear war – collapses faith in deterrence Tønnesson, 15—Research Professor, Peace Research Institute Oslo; Leader of East Asia Peace program, Uppsala University (Stein, “Deterrence, interdependence and Sino–US peace,” International Area Studies Review, Vol. 18, No. 3, p. 297-311, dml) Several recent works on China and Sino–US relations have made substantial contributions to the current understanding of how and under what circumstances a combination of nuclear deterrence and economic interdependence may reduce the risk of war between major powers. At least four conclusions can be drawn from the review above: first, those who say that interdependence may both inhibit and drive conflict are right. Interdependence raises the cost of conflict for all sides but asymmetrical or unbalanced dependencies and negative trade expectations may generate tensions leading to trade wars among inter-dependent states that in turn increase the risk of military conflict (Copeland, 2015: 1, 14, 437; Roach, 2014). The risk may increase if one of the interdependent countries is governed by an inward-looking socio-economic coalition (Solingen, 2015); second, the risk of war between China and the US should not just be analysed bilaterally but include their allies and partners. Third party countries could drag China or the US into confrontation; third, in this context it is of some comfort that the three main economic powers in Northeast Asia (China, Japan and South Korea) are all deeply integrated economically through production networks within a global system of trade and finance (Ravenhill, 2014; Yoshimatsu, 2014: 576); and fourth, decisions for war and peace are taken by very few people, who act on the basis of their future expectations. International relations theory must be supplemented by foreign policy analysis in order to assess the value attributed by national decision-makers to economic development and their assessments of risks and opportunities. If leaders on either side of the Atlantic begin to seriously fear or anticipate their own nation’s decline then they may blame this on external dependence, appeal to anti-foreign sentiments, contemplate the use of force to gain respect or credibility, adopt protectionist policies, and ultimately refuse to be deterred by either nuclear arms or prospects of socioeconomic calamities. Such a dangerous shift could happen abruptly, i.e. under the instigation of actions by a third party – or against a third party.Yet as long as there is both nuclear deterrence and interdependence, the tensions in East Asia are unlikely to escalate to war. As Chan (2013) says, all states in the region are aware that they cannot count on support from either China or the US if they make provocative moves. The greatest risk is not that a territorial dispute leads to war under present circumstances but that changes in the world economy alter those circumstances in ways that render inter-state peace more precarious. If China and the US fail to rebalance their financial and trading relations (Roach, 2014) then a trade war could result, interrupting transnational production networks, provoking social distress, and exacerbating nationalist emotions. This could have unforeseen consequences in the field of security, with nuclear deterrence remaining the only factor to protect the world from Armageddon, and unreliably so. Deterrence could lose its credibility: one of the two great powers might gamble that the other yield in a cyber-war or conventional limited war, or third party countries might engage in conflict with each other, with a view to obliging Washington or Beijing to intervene. The best way to enhance global peace is no doubt to multiply the factors protecting it: build a Pacific security community by topping up economic interdependence with political rapprochement and trust, institutionalized cooperation, and shared international norms. Yet even without such accomplishments, the combination of deterrence and economic interdependence may be enough to prevent war among the major powers. Because the leaders of nuclear armed nations are fearful of getting into a situation where peace relies uniquely on nuclear deterrence, and because they know that their adversaries have the same fear, they may accept the risks entailed by depending economically on others. And then there will be neither trade wars nor shooting wars, just disputes and diplomacy.
11/16/21
SO - Novice NC
Tournament: Medows Novice Scrimmage | Round: 2 | Opponent: Harvard Westlake, EB | Judge: Dee, Blake AT evergreening/secondary patents 1.Turn—secondary patents are key to generating new treatments to medicines based on existing medicines. Evergreening does not stop production of generic versions of the orginial formulation Christopher M. Holman, senior scholar C-IP2 18 - ("Why Follow-On Pharmaceutical Innovations Should Be Eligible For Patent Protection," Intellectual Property Watch, 9-21-2018, accessed 9-18-2021, https://www.ip-watch.org/2018/09/21/follow-pharmaceutical-innovations-eligible-patent-protection/)//ML Why Protect Follow-On Innovation?¶ The attack on secondary pharmaceutical patents is based in part on the flawed premise that follow-on innovation is of marginal value at best, and thus less deserving of protection than the primary inventive act of identifying and validating a new drug active ingredient. In fact, follow-on innovation can play a critical role in transforming an interesting drug candidate into a safe and effective treatment option for patients. A good example can be seen in the case of AZT (zidovudine), a drug ironically described in the Guidelines as the “first breakthrough in AIDS therapy.” AZT began its life as a failed attempt at a cancer drug, and it was only years later that its potential application in the fight against AIDS was realized. Follow-on research resulted in a method-of-use patent directed towards the use of AZT in the treatment of AIDS, and it was this patent that incentivized the investment necessary to bridge the gap between a promising drug candidate and a safe, effective, and FDA-approved pharmaceutical. Significantly, because of the long lag time between the first public disclosure of AZT and the discovery of its use in the treatment of AIDS, patent protection for the molecule per se was unavailable. In a world where follow-on innovation is unpatentable, there would have been no patent incentive to invest in the development of the drug, and without that incentive AZT might have languished on the shelf as simply one more failed drug candidate.¶ Other examples of important drugs that likely never would have been made available to patients without the availability of a “secondary” patent include Evista (raloxifene, used in the treatment of osteoporosis and to reduce the risk of invasive breast cancer), Zyprexa (olanzapine, used in the treatment of schizophrenia), and an orally-administrable formulation of the antibiotic cefuroxime.¶ Pharmaceutical development is prolonged and unpredictable, and frequently a safe and effective drug occurs only as a result of follow-on innovation occurring long after the initial synthesis and characterization of a pharmaceutically interesting chemical compound. The inventions protected by secondary patents can be just as critical to the development of drugs as a patent on the active ingredient itself.¶ The Benefits of Follow-On Innovation The criticism of patents on follow-on pharmaceutical innovation rests on an assumption that follow-on innovation provides little if any benefit to patients, and merely serves as a pretense for extending patent protection on an existing drug. In fact, there are many examples of follow-on products that represent significant improvements in the safety-efficacy profile. For example, the original formulation of Lumigan (used to treat glaucoma) had an unfortunate tendency to cause severe hyperemia (i.e., redeye), and this adverse event often lead patients to stop using the drug, at times resulting in blindness. Subsequent research led to a new formulation which largely alleviated the problem of hyperemia, an example of the type of follow-on innovation that significantly benefits patients but that which would be discouraged by a patent regime that does not reward follow-on innovation.¶ Follow-on pharmaceutical innovation can come in the form of an extended-release formulation that permits the drug to be administered at less frequent intervals than the original formulation. Critics of secondary patents downplay the significance of extended-release formulations, claiming that they represent nothing more than a ploy to extend patent protection without providing any real benefit to patients. In fact, the availability of a drug that can be taken once a day has been shown to improve patient compliance, a significant issue with many drugs, particularly in the case of drugs taken by patients with dementia or other cognitive impairments. Extended-release formulations can also provide a more consistent dosing throughout the day, avoiding the peaks and valleys in blood levels experienced by patients forced to take an immediate-release drug multiple times a day.¶ Other examples of improved formulations that provide real benefits to patients are orally administrable formulations of drugs that could previously only be administered by more invasive intravenous or intramuscular injection, combination products that combine two or more active pharmaceutical agents in a single formulation (resulting in improved patient compliance), and a heat-stable formulation of a lifesaving drug used to treat HIV infection and AIDS (an important characteristic for use in developing countries with a hot climate).¶ “Evergreening” – an Incoherent Concept¶ Drug innovators are often accused of using secondary patents to “evergreen” the patent protection of existing drugs, based on an assumption that a secondary patent somehow extends the patent protection of a drug after the primary patent on the active ingredient is expired. As a general matter, this is a false assumption — a patent on an improved formulation, for example, is limited to that improvement and does not extend patent protection for the original formulation.¶ Once the patents covering the original formulation have expired, generic companies are free to market a generic version of the original product, and patients willing to forgo the benefits of the improved formulation can choose to purchase the generic product, free of any constraints imposed by the patent on the improvement. Of course, drug innovators hope that doctors and their patients will see the benefits of the improved formulation and be willing to pay a premium for it, but it is important to bear in mind that ultimately it is patients, doctors, and third-party payers who determine whether the value of the improvement justifies the costs.¶ Of course, this assumes a reasonably well-functioning pharmaceutical market. If that market breaks down in a manner that forces patients to pay higher prices for a patented new version of a drug that provides little real improvement over the original formulation, then it is the deficiency in the market which should be addressed, rather than the patent system itself.¶ For example, if a drug company is found to have engaged in some anticompetitive activity to block generic competition in the market for the original product once it has gone off patent, then antitrust and competition laws should be invoked to address that problem. If doctors are prescribing an expensive new formulation of a drug that provides little benefit compared to a cheaper, unpatented original product, then that is a deficiency in the market that should be addressed directly, rather than through a broadside attack on follow-on innovation. In short, if is found that secondary patents are being used in a manner that creates an unwarranted extension of patent protection, it is that misuse of the patent system which should be addressed directly, rather than through what amounts to an attack on the patent system itself.¶
AT COVID aff
No inherency – governments and the WTO are already reducing IP protections for medicines related to COVID-19. WTO No Date WTO, no date, "TRIPS, the intellectual property system and COVID-19," No Publication, https://www.wto.org/english/tratop_e/trips_e/trips_and_covid19_e.htm accessed 8/10/2021JH TRIPS, the intellectual property system and COVID-19 ¶The way in which an intellectual property (IP) system is designed at national or regional levels – and how effectively it is put to work - can be a significant factor in facilitating access to existing technologies and in supporting the creation, manufacturing and dissemination of new technologies, such as medicines, vaccines and medical devices, in response to the COVID-19 pandemic. This question – the relationship of IP to the pandemic response – has sparked a vigorous debate within and beyond the WTO, and is a high priority for technical assistance and policy support for WTO members. This page gives access to background information and current WTO documents (including members’ proposals) on this urgent question. ¶Introduction ¶From the beginning of the pandemic, the pressing need was clear for both the development of new vaccines and treatments, and access to these medicines for all – a global challenge unprecedented in both scope and urgency. ¶Governments and other stakeholders have therefore focused on how innovation mechanisms and tools for enhancing access to medical technologies can contribute to the pandemic response, well beyond a reliance on “business as usual”. This has led to a range of initiatives by international organizations, governments and private actors for the voluntary sharing, pooling or non-assertion of IP rights (IPRs), responding to the spirit of collaboration that dominates the global effort to tackle the pandemic. ¶A range of pro-health policy options and interventions are also available for WTO members under the TRIPS Agreement, as implemented in domestic law. ¶Transparency and the availability of up-to-date information on IP and COVID-19 respond to an immediate and critical need. They contribute to the empirical basis that is essential for policy-making in a rapidly evolving trade landscape in the mutual interest of all stakeholders, including governments and economic operators. ¶In furtherance of this objective, the following sections provide access to useful WTO and other resources that specifically address the interface between IPRs and COVID-19, as well as to the work of the TRIPS Council ¶Work of the TRIPS Council ¶Members have exchanged information and experiences relating to IP measures taken in the context of COVID-19 at the TRIPS Council, and have considered members’ proposals. The interface between IPRs and COVID-19 has been considered in TRIPS Council meetings since July 2020, supported by communications to the TRIPS Council. ¶WTO resources ¶Members have exchanged information and experiences relating to IP measures taken in the context of COVID-19 at the TRIPS Council, and have considered members’ proposals. The interface between IPRs and COVID-19 has been considered in TRIPS Council meetings since July 2020, supported by communications to the TRIPS Council. ¶COVID-19 and world trade ¶COVID-19: Measures regarding trade-related intellectual property rights ¶A non-exhaustive list has been compiled by the WTO Secretariat from official sources and confirmed with WTO members concerned. It represents an informal situation report and an attempt to provide transparency with respect to measures regarding trade-related IPRs taken by WTO members in the context of the COVID-19 crisis. The list is regularly updated. ¶Information Note: The TRIPS Agreement and COVID-19¶This note discusses the role and some of the key contributions that the global IP system, including its policy options and flexibilities as implemented in domestic law, can make to address COVID-19. It also provides an overview of measures taken by members. ¶Information Note: How WTO members have used trade measures to expedite access to COVID-19 critical medical goods and services ¶This note on access to COVID-19 critical medical goods and services includes information on using IPRs and policy tools to facilitate innovation in and access to COVID-19-related technologies. ¶Information Note: Developing and delivering COVID-19 vaccines around the world ¶This note looks at issues with trade impact and discusses trade policy choices, including in the area of intellectual property rights, that may be considered along the vaccine value chain to support access to COVID-19 vaccines. ¶An integrated health, trade and IP approach to respond to the COVID-19 pandemic ¶A standalone section on COVID-19 in the 2020 study jointly published by the World Health Organization (WHO), World Intellectual Property Organization (WIPO) and WTO, Promoting Access to Medical Technologies and Innovation: Intersections between public health, intellectual property and trade (second edition), maps the multiple challenges posed by the pandemic in relation to the integrated health, trade and IP policy frameworks set out in the study. ¶Working Paper: Patent-related actions taken in WTO members in response to the COVID-19 pandemic¶This working paper provides an overview of the patent landscape of medical treatments and technologies related to COVID-19, and of the patent status of two investigational medical treatments: remdesivir and lopinavir/ritonavir. It presents various patent-related actions taken by legislators, policymakers, industry sectors and civil society organizations in members since the outbreak. Furthermore, it elaborates on patent-related policy options provided by the TRIPS Agreement, and members' national implementation and utilization of these options in their response to the COVID-19 pandemic. 2. No inherency - The Covid vaccine waiver will pass in the status quo—many countries are switching their positions now . Meyer 6/10 David Meyer senior writer for fortune, 6/10 - ("COVID-19 vaccine-patent pressure grows in Europe as lawmakers back temporary waiver," Fortune, 6-10-2021, accessed 7-5-2021, https://fortune.com/2021/06/10/covid-vaccine-patent-waiver-european-parliament-commission-wto/)//ML The temporary suspension of COVID vaccine patents—a move that's intended to help expand manufacturing and speed up the global vaccination drive, thus shortening the pandemic—was originally proposed by South Africa and India last year. Over recent months, it has gained new supporters like the World Health Organization (WHO), the Pope, and, crucially, the Biden administration.¶ However, Europe—home to major players such as BioNTech and AstraZeneca—has resisted the waiver. Just last week, the European Commission submitted an alternative plan to the World Trade Organization (WTO), proposing other measures such as limits on export restrictions, and the compulsory licensing of the patents in some circumstances.¶ That doesn't go far enough, said members of the European Parliament on Thursday, as it passed an amendment calling for a temporary waiver of the WTO's TRIPS Agreement, the global intellectual-property rulebook, in relation to COVID-19 vaccines, treatments, and equipment.¶ The amendment passed by 355 votes to 263, with 71 abstentions. The European Parliament cannot tell the Commission to change its influential tune on the issue, but the vote sent a strong political message nonetheless: Europe, with its many national votes at the WTO, is gradually shifting to the pro-waiver camp.¶ Within the Parliament—the only EU lawmaking institution whose members are directly elected by citizens—the split over the issue has largely followed left-right lines, with leftists such as the Socialists and Democrats (SandD, Parliament's second-biggest voting bloc) backing the waiver and those on the right, such as the European People's Party (EPP, the biggest bloc), opposing it.¶ "With today’s vote, the European Parliament calls on the Commission to finally do the right thing and save lives by supporting the lifting of patents for COVID-19 vaccines and medical equipment," said Kathleen Van Brempt, the SandD's lead negotiator on the subject, in a statement after the vote. "The TRIPS waiver may not prove to be a miracle solution, but it is one of the essential building blocks of a strong global vaccination campaign. Exceptional situations call for exceptional measures.¶ "The alternative proposal submitted by the European Commission to the WTO falls short in the face of the epochal challenge we are facing," she added.¶ But it is not just the European Commission that is becoming more isolated on the issue. Germany, too, is increasingly lonely in its opposition to the waiver.¶ French President Emmanuel Macron, who has previously sided with Germany, traveled to South Africa a couple of weeks ago to discuss the waiver with President Cyril Ramaphosa. On Wednesday, just ahead of the G7 summit, he flipped and joined the patent-suspension camp. That means at least two G7 leaders (also including U.S. President Joe Biden) now favor the waiver.¶ Add to that the fact that the WTO agreed on Wednesday to fully debate the waiver—a step that the EU and some other countries had previously resisted—and it seems the tide may be turning.¶ There is still a way to go, though. World Bank President David Malpass slammed the waiver idea on Wednesday, saying “it would run the risk of reducing the innovation and the RandD” in the pharmaceutical sector. (Malpass, a Trump appointee, is therefore now in opposition to the current White House.)¶ AT Innovation Patents are good---key to innovation Laxminarayan 1, Ramanan Laxminarayan directs the Center for Disease Dynamics, Economics and Policy. He is also a Senior Research Scholar and Lecturer at Princeton University. - See more at: http://www.cddep.org/profile/ramanan_laxminarayan#sthash.YqaghohJ.dpuf Spring 2001 http://www.rff.org/files/sharepoint/WorkImages/Download/RFF-Resources-143-antibiotic.pdf The Role of Patents Firms that manufacture antibiotics face conflicting incentives with respect to resistance. On the one hand, bacterial resistance to a product can reduce the demand for that product. On the other hand, the resistance makes old drugs obsolete and can therefore encourage investment in new antibiotics. Pharmaceutical firms are driven to maximize profits during the course of the drug’s effective patent life—the period of time between obtaining regulatory approval for the antibiotic and the expiration of product and process patents to manufacture the drug. Given the paucity of tools at the policymaker’s disposal, the use of patents to influence antibiotic use may be worth considering. A longer effective patent life could increase incentives for a company to minimize resistance, since the company would enjoy a longer period of monopoly benefits from its antibiotic’s effectiveness. Patent breadth is another critical consideration. When resistance is significant, other things being equal, it may be prudent to assign broad patents that cover an entire class of antibiotics rather than a single antibiotic. In such a situation, the benefits of preserving effectiveness could outweigh the cost to society of greater monopoly power associated with broader patents. Broad patents may prevent many firms from competing inefficiently for the same pool of effectiveness embodied in a class of antibiotics, while providing an incentive to develop new antibiotics. TRIPs encourages innovation Margaret Kyle and Yi Qian 14, Kyle is Professor of Economics. Center for Industrial Economics, “INTELLECTUAL PROPERTY RIGHTS AND ACCESS TO INNOVATION: EVIDENCE FROM TRIPS,” https://www.nber.org/papers/w20799 The TRIPS Agreement, which generally strengthened and harmonized IPRs across countries, does appear to have changed market outcomes. On average, access to new pharmaceuticals has at least not decreased following TRIPS. Point estimates show an increase in the probability of new product launch and quantities sold, although differences are not always statistically significant. While patents are also associated with higher prices, there is some evidence that prices in poorer countries have fallen, though not to the level of off-patent products. However, the effect of IPRs may be confounded by other policy changes. It is certainly possible that in the absence of countervailing policies, stronger IPRs would have resulted in a larger increase in prices. It is also likely that IPRs have very different implications for countries with a large generic sector (e.g., India) than for most of the developing countries we examine. Nevertheless, we believe the results should be considered relatively good news about the relationship between IPRs and access to innovative medicines, although considerable work remains to improve the latter. Longer patents are net-good, downsides aren’t outweighed by the benefits David Abrams 9, Assistant Professor of Law, University of Pennsylvania Law School, “Did TRIPS Spur Innovation? An Empirical Analysis of Patent Duration and Incentives to Innovate,” https://scholarship.law.upenn.edu/faculty_scholarship/274/ Let us consider the increase in value of innovation due to a one– standard-deviation increase in patent-term extension. The standard deviation of the term extension (by class) is 114 days (see Figure 6 for the full distribution). Multiplying this by the coefficient above, we find that a one-standard-deviation increase in patent term extension is associated with an increase of about seven monthly patents. From a mean of approximately thirty-four, in percentage terms, this comes to a twenty-one percent increase in value of innovation—a very substantial increase. It seems unlikely that the deadweight loss due to exclusive rights would be enough to offset this considerable gain, suggesting that an increase in patent terms could lead to greater welfare. AT Global Health inequality 1NC---TRIPS=/=GHI
TRIPS reduces global health inequality Samir Raheem Alsoodani 15, “"The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) may offered an access to essential pharmaceutical drugs for developing countries,” Journal Of the College of law /Al-Nahrain University 2015, Volume 17, Issue 2, Pages 393-410, https://www.iasj.net/iasj/article/109180 To conclude, it is beyond doubt that the TRIPS Agreement and its later, permanent amendment of 2005 attempted in good faith to address an urgent issue faced by many developing countries with regards to accessing essential medicine. To a certain extent in its basic tenets, it has had a profound and positive effect on the system, as it has made permanently possible the opportunity for the poorest countries to obtain medications more cheaply through manufacture in developing countries under a compulsory licensing system. Certain positive outcomes arguably include the fact that disputes have been brought under the jurisdiction of one regulatory body, and the least developed Members have found some redress in the power balance regarding costs paid to the pharmaceutical industries based in the wealthier, developed countries (even if this redress has only been to the extent of facilitating increased bargaining capability). This can be considered a triumph from the perspective of universal human rights. Backlines---TRIPS=/=GHI
TRIPS enhances human rights Samir Raheem Alsoodani 15, “"The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) may offered an access to essential pharmaceutical drugs for developing countries,” Journal Of the College of law /Al-Nahrain University 2015, Volume 17, Issue 2, Pages 393-410, https://www.iasj.net/iasj/article/109180 In contrast, Anderson and Wager (2006) believe that the TRIPS Agreement provisions enhanced human rights principles, because of the many features throughout the TRIPS Agreement, such as the emphasis on the need for a balance between the advantages, the commitments, and the rights for both the users and the producers of the invention. Other examples include nondiscrimination treatment, and the stipulation that all disputes must be settled under the WTO system, which secures the rule of law governing international trade. The TRIPS Agreement has favoured the least developed countries with distinctive and more lenient treatment, as these countries have until 2016 to enforce protection of patent rights with regards to undisclosed data relating to pharmaceutical products.