The Eminence of Imminence and the Myopia of Markets

69 Pages Posted: 7 Feb 2010 Last revised: 25 May 2014

Teneille R. Brown

University of Utah - S.J. Quinney College of Law

Date Written: February 6, 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.

Keywords: Distributive Justice, Climate Change, Compulsory License, Patents, WIPO, WTO

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: https://ssrn.com/abstract=1549023

Teneille R. Brown (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

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