==1AC==
===Plan===
====The United States federal government should substantially increase its economic engagement
toward the government of Cuba by repealing Section 211 of the 1998 Omnibus Appropriations Act.====
===Contention 1: WTO===
====U.S. failure to comply with the WTO ruling on Havana Club undermines the credibility of the
dispute settlement body.====
**New 13**
New, 3/26/2013 (William – Intellectual Property Watch, United States Chided As TRIPS Scofflaw at WTO,
Intellectual Property Watch, p. [[http://www.ip-watch.org/2013/03/26/united-states-chided-as-tripsscofflaw-at-wto/-http://www.ip-watch.org/2013/03/26/united-states-chided-as-trips-scofflaw-atwto/]])
"The conduct of the United States unscrupulously discredits the WTO dispute settlement system and
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multilateral system of trade," Venezuela said in its statement (unofficial translation).
====Section 211 has kept the U.S. in noncompliance with TRIPS for a decade ====
**Riley 07**
Michael, JD candidate at the University of Miami. "Cigars and Rum: Hazardous to the Health of
Intellectual Property Law? How the Cohiba Cigar and Havana Club Rum Cases Reveal a ~’Carve-Out~’ for
Intellectual Property Disputes with a Cuban Nexus" The University of Miami Inter-American Law Review,
Vol. 38, No. 2 (Winter, 2006/2007), pp. 457-486)
On July 7, 1999, the European Community formally took issue with Section 211
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with European trade retaliation, there has been no realization of those threats.
====Repeal is necessary to TRIPS compliance====
**Taylor 04**
Emily, J.D. Candidate, 2004, Northwestern University School of Law; B.A. Duke University, 2001. "The
Havana Club Saga: Threatening More than Just "Cuba Coke""
http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1578%26context=njilb)
Certainly, the potential for future U.S. investment in Cuba is threatened
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its obligations under the TRIPS Agreement and under the WTO Dispute Settlement system.
====Compliance with TRIPS is key to the credibility and survival of the WTO====
**Levy 2k**
Charles S. Levy, Partner, Wilmer, Cutler %26 Pickering, Washington, D.C., 2000
~~["Implementing Trips—A Test of Political Will," Law and Policy in International Business, 31 Law %26
Pol~’y Int~’l Bus. 789, Lexis~~]
The significant noncompliance with TRIPS that we are facing now poses a challenge to the
AND
areas that may also require members to adopt new legal or regulatory systems.
====Scenario 1 is Protectionism====
====Collapse of the WTO doesn~’t end trade —- it results in great-power regionalism and spheres of
influence ====
**Baldwin 08**
Baldwin, 7/1/08 ~~[Richard Edward Baldwin has been Professor of International Economics at the
Graduate Institute, Geneva, since 1991 and Policy Director of CEPR since 2006, "The WTO tipping point",
http://www.voxeu.org/index.php?q=node/1345~~]
The World Trade Organisation is losing its place at the centre of the global trading
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climate change, pandemics, water scarcity, and the Millennium Development Goals.
====Regionalism causes preferential trade blocks —- causes war and global economic crisis====
**Cho 07**
Sungjoon Cho, Assistant Professor of Law, Chicago-Kent College of Law, Illinois Institute of Technology,
Doha~’s Development, 25 Berkeley J. Int~’l L. 165, 2007
Second, the mercantilist natureof the current competitive regionalism tends to evoke the strikingly
similar
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seriously lest we repeat the same historical errors and are punished for them.
====Economic crisis causes war====
Royal, ~’10 ~~[2010, Jedediah Royal is the Director of Cooperative Threat Reduction at the U.S.
Department of Defense, "Economic Integration, Economic Signaling and the Problem of Economic Crises,
Economics of War and Peace: Economic, Legal and Political Perspectives", ed. By Goldsmith and Brauer,
p. 213-215~~]
Less intuitive is how periods of economic decline may increase the likelihood of external conflict
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not featured prominently in the economic-security debate and deserves more attention.
====Collapse of the TRIPS system causes global protectionism====
**Straus 06**
Professor of Law at the Universities of Munich and Ljubljana2006
~~[Joseph, also Chairman of the Managing Board of the Munich Intellectual Property Law Center and
Director at the Max Planck Institute for Intellectual Property, Competition and Tax Law in Munich, The
John Marshall Law School Review of Intellectual Property Law, Fall, 2006 6 J. Marshall Rev. Intell. Prop. L.
1 lexis~~]
Eleven years after the WTO Global Economic Order was established, with GATT 1994 and
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result of the abolition of quota regulations on December 31, 2004. [[104-http://web.lexisnexis.com.turing.library.northwestern.edu/universe/document?_m=fac6f42432633d2b2223d98f1aa277
a3%26_docnum=1%26wchp=dGLbVlz-zSkVb%26_md5=8e0f97736b79d9026cf4585ebf2d2d12]]
====Trade protectionism causes nuclear war====
**Panzner 8**
Michael, faculty at the New York Institute of Finance, 25-year veteran of the global stock, bond, and
currency markets who has worked in New York and London for HSBC, Soros Funds, ABN Amro, Dresdner
Bank, and JPMorgan Chase, "Financial Armageddon: Protect Your Future from Economic Collapse," p.
136-138)
Continuing calls for curbs on the flow of finance and trade will inspire the United
AND
between Muslims and Western societies as the beginnings of a new world war.
====Empirically true —- WTO prevents the trade breakdowns that fuel conflict====
**Sevilla 07**
Christina Sevilla, Asst. U.S. trade representative for intergovernmental affairs 2007 ~~[stefan a.
riesenfeld symposium 2007: article: "The WTO Doha Development Agenda: What is at Stake", 25
Berkeley J. Int~’l L. 425, LEXIS~~]
The economic history of the 20th century provides a potent demonstration of the vast benefits
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rule of law, and allow for countries to settle their trade disputes peacefully
====China perceives regionalism as US containment - causes US-China war====
Fred Bergsten, Director, Institute for International Economics, "A new strategy for APEC," 9-6-2005,
http://www.iie.com/publications/papers/bergsten0905apec.pdf
Second, when President Bush visits Seoul after this year~’s APEC summit, the United
AND
relations and exacerbating the more immediate United States–China conflict already noted.
====Extinction====
Straits Times, 00 (Ching Cheong, Straits times, July 25 2000, l/n)
The high-intensity scenario postulates a cross-strait war escalating into a full
AND
should that come to pass, we would see the destruction of civilisation.
====Scenario 2 is Multilateralism====
====WTO credibility key to the inclusion of growing economies into multilateral talks on trade and
agreements====
**The Economist 13 **
The Economist, US newspaper on international politics and business news and opinion. ~’The other
conclave Can the WTO save itself from irrelevance?" http://www.economist.com/news/finance-andeconomics/21573549-can-wto-save-itself-irrelevance-other-conclave 3/16/2013
But the fundamental source of strain on the multilateral system is the shifting economic balance
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is some common ground with the choice that faced the cardinals this week.
====Multilateral institutions prevent great power nuclear war ====
**The Toronto Star 04**
"The end of war", 12-30-04, lexis
War is deeply embedded in our history and our culture, probably since before we
AND
solve the problem of war within the context of the existing state system.
====There~’s no alternative to a multilateral trade system —- collapses causes instability and great
power conflict.====
**Panitchpakdi 04**
Panitchpakdi, 2/26/2004 Supachai – secretary-general of the UN Conference on Trade and
Development, American Leadership and the World Trade Organization, p.
[[http://www.wto.org/english/news_e/spsp_e/spsp22_e.htmhttp://www.wto.org/english/news_e/spsp_e/spsp22_e.htm]]
The second point is that strengthening the world trading system is essential to America~’s wider
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constrained, not by multilateral rules, but by the absence of rules.
===Contention 2: IPR===
====Repeal key to intellectual property leadership for US====
**Pava 2011 **(Mindy Pava, Executive Symposium Editor, Emory International Law Review; J.D.
Candidate, Emory University School of Law (2011); B.S., Northwestern University (2004). "COMMENT:
THE CUBAN CONUNDRUM: PROPOSING AN INTERNATIONAL TRADEMARK REGISTRY FOR WELL-KNOWN
FOREIGN MARKS" LexisNexis 2011)
With an outright repeal of Section 211, the United States could again prove that
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States cannot afford to have its intellectual property threatened and subjected to reprisals.
====It spills over reinforces global IPR and trade objectives====
**Reinsch 10** (Bill Reinsch, president of the National Foreign Trade Council, representing some 400
companies on focuses—and focuses on trade policy issues, a member of the U.S.-China Economic and
Security Review Commission. "DOMESTIC AND INTERNATIONAL TRADEMARK IMPLICATIONS OF HAVANA
CLUB AND SECTION 211 OF THE OMNIBUS APPROPRIATIONS ACT OF 1999." HEARING BEFORE THE
COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES ONE HUNDRED ELEVENTH CONGRESS
SECOND SESSION. MARCH 3, 2010. http://www.gpo.gov/fdsys/pkg/CHRG-111hhrg55221/html/CHRG111hhrg55221.htm)
Repealing 211 would deny the Castro regime any rationale for retaliating against trademarks of U
AND
to the Patent and Trademark Office and to the courts where it belongs.
====Scenario 1 is disease====
====First is innovation —- IPR incentivizes research and development. Copycat drugs don~’t fill-in.====
**Kaufmann 08**
Kaufmann, 4/23/2008 (Judith – retired foreign service officer and former director of the U.S. State
Department~’s Office of International Health Affairs, Intellectual Property Rights and the Pharmaceutical
Industry, Focus on Intellectual Property Rights, p.
[[http://iipdigital.usembassy.gov/st/english/publication/2008/04/20080429230451myleen0.4181027.ht
ml~~%23axzz2ZG5uBh4Zhttp://iipdigital.usembassy.gov/st/english/publication/2008/04/20080429230451myleen0.4181027.htm
l]])
Drugs that cure AIDS and many other diseases are available precisely because of patent protection
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, are not being used to further scientific knowledge and find new cures.
====Second is trademark protection. Strong trademark protection is the best defense against
counterfeit drugs.====
**Powell 10**
Powell, February 2010 (Adam – Research Fellow for the Law %26 Bioscience Project, J.D. Candidate at
the University of California, Hastings College of the Law, Benchmark Legislation: A Measured Approach
in the Fight Against Counterfeit Pharmaceuticals, Hastings Law Journal, p. Lexis-Nexis)
Traditionally, the first line of defense for pharmaceutical companies is a portfolio of strong
AND
their intellectual property and ensure maximum punishments for criminals by maintaining strong
trademarks.
====Third is harmonization. IPR harmonization undermines the ability to market counterfeit drugs.====
**Ferrill 07**
Ferrill, Spring 2007 (Elizabeth – Law Clerk to the Honorable Liam O~’Grady, Magistrate Judge, U.S.
District Court for the Eastern District of Virginia, Clearing the Swamp for Intellectual Property
Harmonization: Understanding and Appreciating the Barriers to Full TRIPS Compliance for Industrializing
and Non-Industrializing Countries, University of Baltimore Intellectual Property Law Journal, p. LexisNexis)
In 1994, the Agreement on the Trade-Related Aspects of Intellectual Property Rights
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difficult over the past decade. There are a number of possible explanations.
====Counterfeit drugs bolster antibiotic resistance.====
**Washington Post 13**
Washington Post, 2/5/2013 (How fake drugs cause the spread of untreatable TB in developing countries,
p. [[http://www.washingtonpost.com/blogs/worldviews/wp/2013/02/05/how-fake-drugs-cause-thespread-of-untreatable-tb-in-developing-countries/http://www.washingtonpost.com/blogs/worldviews/wp/2013/02/05/how-fake-drugs-cause-the-spreadof-untreatable-tb-in-developing-countries/]])
Tuberculosis, a disease that destroys lung tissue, is more commonly associated with the
AND
morph into new strains, making them harder and more expensive to treat.
====Antibiotic resistance is a doomsday scenario involving superbugs and life-threatening infections
that cause extinction====
**Castillo 11**
Castillo, 10/28/2011 (Rafael, Doomsday scenario with ~’superbugs~’, Philippine Daily Inquirer, p.
http://business.inquirer.net/27353/doomsday-scenario-with-%E2%80%98superbugs%E2%80%99)
From time to time, we get reports about emerging superbugs—microbes which are
AND
compromised immune systems—is ill-fated prey to these ogre microbes.
====Infectious diseases are inevitable. Rapid evolution and adaptation risk extinction====
**Walsh 13**
Walsh, 7/10/2013 (Bryan, From AIDS to SARS to MERS, Emerging Infectious Diseases Remain a Dire
Threat, Time, p. http://science.time.com/2013/07/10/from-aids-to-sars-to-mers-emerging-infectiousdiseases-remain-a-dire-threat/)
Now the world is facing another emerging infectious disease. MERS — Middle East respiratory
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as experts like Morens and Fauci know, we won~’t be lucky forever.
====Scenario 2 is Technology====
====Excellence in R%26D is key to maintaining U.S. leadership - loss in innovation poses agreater threat
than any potential conflict.====
**Task Force on the future of American Innovation**, 20**05**
The Knowledge Economy: Is the United States losing its edge? [[www.futureinnovation.orghttp://www.futureinnovation.org/]]
For more than half a century, the United States has led the world in
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post-9/11 era especially, we should heed this warning.
====Innovation solves great power war====
**Taylor, 2004**~~[4/1/04, Mark Taylor is a professor of Political Science at the Massachusetts Institute of Technology, "The Politics of Technological
Change: International Relations versus Domestic Institutions," http://www.scribd.com/doc/46554792/Taylor~~]
Technological innovation is of central importance to the study of international relations (IR),
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production, and war, international systems would not exist in the first place
====Now is key – Other countries are criticizing the U.S.~’s failure to resolve the Havana Club case.====
Agence France Presse, 6/25/2013 (EU, Cuba spar with US over ~’Havana Club~’ rum, p. Lexis-Nexis)
The European Union and Cuba locked horns with theUnited States on Tuesday at theWorld Trade
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that enough was enough, a message echoed by members, including China.
====The plan can restore IP credibility without removing the current embargo.====
Pava 2011 (Mindy – Executive Symposium Editor for the Emory International Law Review, J.D. Candidate
at Emory University School of Law, The Cuban Conundrum: Proposing an International Trademark
Registry for Well-Known Foreign Marks, Emory International Law Review, p. Lexis-Nexis)
2. Does Section 211 Erode the United States~’s International Standing? Since Fidel Castro~’s
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the human rights arena, and the United States should make that clear.