The Eminence of Imminence and the Myopia of Markets
Teneille R. Brown
University of Utah - S.J. Quinney College of Law
February 6, 2010
John Marshall Review of Intellectual Property Law, Vol. 9, 2010
This article questions the privileging of disaster, or imminent threat, over more distant threats to public health. In many cases, this privileging makes sense as we do not have time to evaluate the threat under traditional frameworks. But in some cases, we privilege disaster in ways that may be ethically and legally unsound. Here I am interested in a particular type of public health threat – the negative consequences that stem from climate change. In this article I view the climate change discussion through the lens of distributive justice. I analyze the ethical as well as legal arguments for encouraging clean technology patent-holders to share their know-how and devices at a discounted rate with people in the developing world.
Number of Pages in PDF File: 69
Keywords: Distributive Justice, Climate Change, Compulsory License, Patents, WIPO, WTOAccepted Paper Series
Date posted: February 7, 2010 ; Last revised: February 3, 2013
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