Rebecca+Drapkin+and+Stephen+Li+1AC

1AC: COMPULSORY LICENSING

Observation 1: Inherency A. Access to antiretroviral drugs rare now in Africa – many nations don’t have legalized generics. Thomas Mullin, J.D., Nova Southeastern University, Fall 2002, ILSA Journal of International & Comparative Law, lexis, Zhuang ”Tens of millions of Africans have HIV/AIDS,…the requirements under the agreement.”

B. Most nations have not issued compulsory licenses out of fear of the U.S.—this makes ARV medication expensive and difficult to access. Samantha Shoell, J.D. candidate, Columbus School of Law, 2002, Minnesota Intellectual Property Review, lexis, Zhuang “The developing countries' draft…and prevent compulsory licensing.”

Observation Two: HIV/AIDS

A. Without essential antiretroviral medication access, the HIV/AIDS epidemic has become the most serious crisis in Sub-Saharan Africa. Mary Crewe, Director, Centre for the Study of AIDS, University of Pretoria, South Africa, Winter 2004, Yale Journal of Health Policy, Law and Ethics, lexis, [Zhuang] ”African AIDS - The Epicenter of the Crisis…little has come of this.”

B. Politics are the only thing standing in the way of distributing AIDS drugs. Anne- Christine D’Adesky, 2004 Moving Mountains: The Race to Treat Global AIDS “for political leaders….intensive political fights”

C. AIDS is the greatest threat to humanity’s survival – it leads to extinction. Muchiri, 2000 [Michael Kibaara Staff Member at Ministry of Education in Nairobi, “Will Annan finally put out Africa’s fires?” Jakarta Post, March 6, LN] [Sekaran]. ”The executive director of UNAIDS…maybe the human race.”

Observation Three: Neo-liberalism

A. Blind adherence to intellectual property rights promotes marginal economic concerns that trump the ability for people to live—this logic is inherent in the denial of antiretroviral drugs for HIV-infected persons and neocolonialist discourse. Mary Crewe, Director, Centre for the Study of AIDS, University of Pretoria, Aouth Africa, Winter 2004, Yale Journal of Health Policy, Law and Ethics, lexis

B. The pharmaceutical industry is entrenched with neo-liberalist dogma that prevents ARV drugs from reaching patients—this must be reversed Obijiofor Aginam, Ph.D., Associate Professor of Law, Carleton University, ’06, North Carolina Journal of International Law & Commercial Regulation Inc. [Sekaran] ”About 80% of developing countries…global public goods n53 seriously.”

C. The US prioritizes civil and political over economic and social rights—any challenge must engage the United States' priorities David Fidler, Spring 2004 (Harvard Human Rights Journal, 17, “Fighting the Axes of Illness.”

D. Prioritizing civil and political rights over economic and social rights leads to global neoliberalism Tony Evans, Department of Politics, University of Southampton, 2000, “Citizenship and Human Rights in the Age of Globalization,” Alternatives: Social Transformation and Humane Governance; Oct-Dec 2000, Vol. 25 Issue 4, p. 415, http://web.ebscohost.com/

E. Neo-liberalism legitimizes the destruction of all humanity—it sacrifices whole populations on the altar of market fundamentalist dogma. Boaventura de Sousa Santos, Professor of Sociology at the School of Economics, University of Coimbra, 03 (Bad Subjects, Issue #63, April, bad.eserver.org/issues/2003/63/santos.html) ”According to Franz Hinkelammert,…machine of horror and destruction.”

F. privatization of medicine denises the right to health, blurring the line between other rights. public health is the vital starting point for resistance against neo-liberalism colleen o’manique, associate political studies professor at trent university, 2004. Neoliberalism and AIDS Crisis in Sub-saharan Africa ”why do we have this problem…the right to health is just the beginning”

THUS WE PROPOSE THE FOLLOWING PLAN:

The United States federal government should autholrize the use of the subject matter of patents regarding treatment for and prevention of Human Immunoediciency Virus/Acquired Immunodeficiency Syndrome without the authorization of the right holder, for use in Africa south of the Sahara by the United States government or third parties authorized by the United States government

Observation Four: Solvency A. Compulsory licensing provides assistance to challenge IPR and directly saves lives Joseph E. Stiglitz, Most Qualified Economist Ever, '4 (Keynote Address @ World Intellectual Property Organization, Google) ”Unlike traditional trade liberalizations, …countries will be given short shrift. “

B. The U.S. is the key barrier that prevents more compulsory licenses from being issued for HIV/AIDS drugs. Obijiofor Aginam, associate professor of law, Carleton University, Summer 2006, North Carolina Journal of International Law & Commercial Regulation, lexis, Zhuang ”TRIPS, which was one of the…complaint against Brazil at the WTO”

C. The US is the powerhouse in restricting compulsory licensing—other nations fear litigation and sanctions. Robert, Weissman, editor of Multinational Monitor magazine and codirector of Essential Action, a corporate accountability group, 9/4/03, “AIDS and Developing Countries: Facilitating Access to Essential Medicines”, http://www.fpif.org/briefs/vol6/v6n06aids.html [Weiss] “Throughout the world…India and other countries”

D. US action key – they control the rights to many important HIV/AIDS treatments Robert, Weissman, editor of Multinational Monitor magazine and codirector of Essential Action, a corporate accountability group, 9/4/03, “AIDS and Developing Countries: Facilitating Access to Essential Medicines”, http://www.fpif.org/briefs/vol6/v6n06aids.html [Weiss] ”Sixth, the U.S. should immediately…important HIV/AIDS treatment pharmaceuticals”

E. ARV drug prices drop and access increases without patent protection—empirically proven. World Health Organization, 5/06, Bulletin of the World Health Organization [Sekaran] ”Successful AIDS programmes…prices may stay high”.

F. The plan functions within the existing TRIPS provisions on compulsory licensing for generic drug production. World Health Organization, 5/06, Bulletin of the World Health Organization [Sekaran] ”Although existing provisions of the TRIPS Agreement…generic drugs for them.”

F. Production of ARV drugs reevaluates the dichotomy between rights within neo-liberal ideology—this guarantees the right to life. Obijiofor Aginam, Ph.D., Associate Professor of Law, Carleton University, ’06, North Carolina Journal of International Law & Commercial Regulation Inc. [Sekaran] ”propose three possible scenarios…Weeramantry's dissenting opinion”

G. The state is key to solvency—it is the institution most sufficient and best positioned to negotiate with international capital and challenge the neo-liberalist paradigm. William Graf, Professor of Geography at the University of South Carolina, ‘95 (http://socialistregister.com/socialistregister.com/files/SR_1995_Graf.pdf) “It is important…must start from the state.”