[eDebate] addition to UNI caselist

Wed Sep 21 19:01:59 CDT 2005

Hey Jake, I emailed in our cite list Friday morning before we left D-town.
If it didn't make it to you or into the case book for some reason, I
apologize. I checked the "Sent Items" folder on my laptop and it says that
it went out at 3:30am Friday. Either way, that is actually a copy of Wayne
State GP (Greenwalt/Pearsall)'s affirmative, which is close to ours but not
exactly the same. Here is the cites for the case we ran at your tourney. We
gave full disclosures before every round either way, so I don't think it had
anything to do with our success. I think the sole reason for andy and I
getting to finals is the fact that we watched Red Dawn on the drive down. In
combination with an annoying number of Aqua Teen Quotes, who could stop the
WOLVERINES (except for Kansas that is).

On the moon case books are not necessary, our tournament are so advanced
everyone knows what is going to be run before anyone even opens there mouth.
Yes...

Thanks for the hospitality; your tournament is always a delight Jake

Francesco Esposito

Wayne State Debate By Day

Red Dawn Wolverine By Night

Observation 1- Insufficient Investment

China is on the verge of becoming a key resource to the cheap development of
life saving treatments for diseases by US Corporation. Weak IPR protections
however are destroying the possibility for US investment.

The Wall Street Journal, November 22nd 2004 [Drug companies look to china
for cheap R&D, http://www.aegis.com/news/wsj/2004/WJ041113.html]

Second, China's own domestic biotech industry has been halted by a lack of
IPR protections

Time Magazine May 9th 2005 [Can China innovate?,
http://www.time.com/time/asia/covers/501050516/china_innovate.html]

Finally, this failure to protect intellectual property rights kills R&D,
threatening the very existence of the US biotech industry and the critical
innovations in treatment it provides

Mossinghoff et al., Former assistant secretary of Commerce and Commissioner
of Patents and Trademarks, and a former President of the Pharmaceutical
Research and Manufacturers of America, 1996 [George, Intellectual Property
Protection and the Pharmaceutical industry, Columbia Journal of World
Business, http://www.oblon.com/media/index.php?id=61]

Observation 2 - Disease

Scenario 1- Emerging Disease

Extinction from emerging plague is a certainty unless we continue to
increase the biotech industries ability to develop new treatments quickly
and cheaply

Garret, senior fellow of Global Health @ The council on foreign relations,
1995 [Laurie, The coming plague: newly emerging diseases in a world out of
balance, P. 5-7]

Emerging viruses are the single larges threat to human existence

Zimmerman 2003 Killer Germs: Microbes and Disease that Threaten Humanity
P.119-120

Scenario Two - Antibiotic Resistance

A lack of high tech anti-viral and DNA targeting treatments leads to the
overuse of antibiotics, threatening extinction from common illness and
causing millions of deaths a year

Ryan 1998 [Virus X: Tracking the new killer plagues, P.136-137]

Scenario Three - Cystic Fibrosis

CF is the single most common genetic disorder in the US, threatening over
30,000 premature deaths in the US alone.

Ross, Shands Hospital, July 24th 1996 [Gainesville man is Florida's first
cystic fibrosis patient to receive gene therapy,
http://www.napa.ufl.edu/oldnews/cystic.htm]

Secondly, we have an a-priori obligation to pursue the promises of genetic
therapy for those with Cystic Fibrosis and other genetic illnesses

Tomlinson, a carrier of Cystic Fibrosis, 1998 [Suzanne, Bioethics council,
Biotechnology Industry Organization, Harvard Journal of Law and Technology,
P. LN]

To ensure the enforcement of biotechnology intellectual property rights,
facilitating the development of new and improved treatments for existing and
emerging diseases alike, we propose the following:

Plan: 

The United States Federal Government should substantially increase
diplomatic and economic pressure on the People's Republic of China (PRC) in
the area of trade. Specifically, the United States president should direct
the Office of the United States Trade Representative to file a complaint
through the Understanding of Rules and Procedures Governing Settlements of
Disputes of the World Trade Organization (WTO) regarding the issue of
pharmaceutical/bio-medical intellectual property rights protections on the
basis that the PRC has not adequately fulfilled its obligation under the
Agreement on Trade Related Intellectual Property Rights (TRIPS) and will
pursue the dispute to adequate financial compensation. 

Implementation, funding, and enforcement through normal means. We'll clarify

Observation Three - Solvency

First, if the US were to file a WTO complaint against China, the three judge
panel will empirically side with the US and will reward US companies with
financial compensation. 

Choate, PhD, Political Analyst, and Director of the Manufacturing Policy
Project, May 16th 2005 [Pat, The Pirate Kingdom, New York Times,
http://www.truthaboutchina.com/archives/2005/05/the_pirate_king.html]

Secondly, The US has been successful with filing and winning WTO complaints
against China.

Wayne, United States Assistant Secretary for Economic and Business Affairs,
May 25th 2005 [Anthony, China's emergence as an economic super power and its
implications for US business,
http://usinfo.state.gov/ei/Archive/2005/Jun/01-532550.html]

And, the DSU provides enforcement for WTO rulings - threats of tariffs from
the WTO ensure Chinese compliance

Lapter, J.D. @ The Univ. of Connecticut and LL.M in Intellectual Property,
2005 [Alain, The WTO's Dispute resolution mechanism: Does the United States
take it seriously? A Trips analysis, Chicago-Kent Intellectual Property Law
Society Journal of Intellectual Property, 4 Chi.-Kent J. Intell. Prop. 217,
Spring, Pg. LN]

Finally, continued genetic research promises fast development of new
vaccines, anti-viral therapies, and DNA treatments, eliminating the overuse
of antibiotics and guaranteeing human survival from disease.

Hellerman and Mohaparta, Joy McCann Culverhouse Airway disease research
center and Professor @ The University of Southern Florida's College of
medicine - division of allergy and immunology, September 2004 [Gary and
Shyam, Genetic Therapy: On the Brink, Journal of Genetic Vaccines and
Therapy, http://www.gvt-journal.com/content/1/1/1] 

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