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http://ssrn.com/abstract=1549023
 
 

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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

Abstract:     
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, WTO

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Date posted: February 7, 2010 ; Last revised: May 25, 2014

Suggested Citation

Brown, Teneille R., The Eminence of Imminence and the Myopia of Markets (February 6, 2010). John Marshall Review of Intellectual Property Law, Vol. 9, 2010. Available at SSRN: http://ssrn.com/abstract=1549023

Contact Information

Teneille R. Brown (Contact Author)
University of Utah - S.J. Quinney College of Law ( email )
332 S. 1400 East Front
Salt Lake City, UT 84112-0730
United States

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