Tournament: Stanford | Round: 2 | Opponent: Doughtery Valley FF | Judge: Colin Caprara
Now is the key time to eliminate section 211—Cuba has convinced the EU to push for WTO settlement on its behalf and other nations are looking for a precedent
EU Business 6-25
~2013, "EU, Cuba spar with US over ’Havana Club’ rum", http://www.eubusiness.com/news-eu/wto-cuba-us-patent.pet-http://www.eubusiness.com/news-eu/wto-cuba-us-patent.pet, accessed 8-11-13~
(GENEVA) - The European Union and Cuba locked horns with the United States
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that enough was enough, a message echoed by members, including China.
211 and its precedent undermines international trademark law
Macaw 2000
~Misha Gregory, Trustees of Boston University, Fall, Boston University International Law Journal, "NOTE: THE NEW RUM WAR: HAVANA CLUB AS A THREAT TO THE U.S. INTEREST IN INTERNATIONAL TRADEMARK HARMONIZATION", accessed 8-6-13, lexis~
Harmonization furthers the basic trademark functions of identifying and distinguishing goods in the far-
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source of information about the product other than what is on the packaging.
Section 211 undermines these basic functions of trademarks by creating a situation where, like
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product, or as a safeguard against confusion or deception among different products.
~*329~ Again, to see how 211 undermines the basic functions of
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rum is being conveyed, and which company the rum actually originates from.
Refusing to recognize Cuban intellectual regime collapses harmonization globally, collapses the US economy and bolsters the Castro Regime
Adams 02
~Ashley C., Fall, North Carolina Journal of International Law 26 Commercial Regulation, "NOTE: Section 211 of the Omnibus Appropriations Act: The Threat to International Protection of U.S. Trademarks", accessed 8-8-13, lexis~
- Effect on the Harmonization Movement and the U.S. Economy
Because of the United States’s activism with respect to the implementation and enforcement of international
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have even less incentive to protect the intellectual property of developed nations. n181
2. The U.S. Economy
As fewer countries value international intellectual property protection, the U.S. economy
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whether the United States will continue to recognize their intellectual property rights. n183
3. Castro’s Regime
The benefit from the non-recognition of U.S. trademarks is not
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subjects to focus on an external enemy, namely the United States." n184
International trademark legitimacy and harmonization key to the global economy
Macaw 2000
~Misha Gregory, Trustees of Boston University, Fall, Boston University International Law Journal, "NOTE: THE NEW RUM WAR: HAVANA CLUB AS A THREAT TO THE U.S. INTEREST IN INTERNATIONAL TRADEMARK HARMONIZATION", accessed 8-6-13, lexis~
Since the end of the Cold War, the business enterprise has emerged as the
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and overseas investment is increasing at least twice as fast as trade. n194
The economic incentives for global operations are substantial. n195 In the case of U
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have more than one-half of their assets in foreign countries. n201
Among the key exports of the United States to the international economy is U.
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, creates the potential for global licensing and royalty revenue to explode. n205
However, just as apparent as the impressive value of U.S. intellectual
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resist allocating scarce government resources to the enforcement of intellectual property rights. n211
Trademarks are a key intellectual property export of the United States in the international economy
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.S. manufacturers into the competition for consumer attention in international markets.
Economic collapse causes protectionism and great power wars
Green and Schrage 09 (Michael J. 26 Steven P, May 26, Senior advisor @ CSOS and assoc. Prof @ Georgetown, CSIS Scroll chair and senior official with the US Trade Reps., It’s not just the economy, Asia Times Online, http://www.atimes.com/atimes/asian_economy/kc26dk01.html)**
Facing the worst economic crisis since the Great Depression, analysts at the World Bank
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though Beijing deserves credit for short-term efforts to stimulate economic growth).
Intellectual property protection is key to environmental innovation and distribution—only way for businesses to make a profit
Johnson and Lybecker 09 ~Daniel and Kristina, economists at Colorado College, August 16, Colorado College, "Innovating for an uncertain market: A literature review of the constraints on environmental innovation", http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1454882-http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1454882, accessed 1-26-14~
In conclusion, there is virtually unanimous consent among economists that strong¶ intellectual property
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and cumulative¶ / application research could both be avenues for policy consideration.
Norris and Jenkins 9, *Project Director at the Breakthrough Institute, * Director of Energy and Climate Policy, The Breakthrough Institute,(Teryn and Jessie, " Want to Save the World? Make Clean Energy Cheap," Huffington Post, March 10, http://www.thebreakthrough.org/blog/2009/03/want_to_save_the_world_make_cl.shtml-http://www.thebreakthrough.org/blog/2009/03/want_to_save_the_world_make_cl.shtml)
Whatever the cause, we have very little chance of overcoming climate change without enlisting
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market, and ensure they are affordable enough to deploy throughout the world.
Section 211 is unconstitutional—Separation of Powers and Equal Protection Clause
Kaldes, 01
~Peter J., Spring, The Journal of Law and Commerce, "RUM WARS: THE TRANSATLANTIC BATTLE OVER SECTION 211", accessed 8-8-13, lexis~
Section 211 on its face, presents interesting questions of constitutionality. Although a U
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.S. courts to reach a particular result in individual cases." n145
Here, Congress has impermissibly stretched the bounds of, if not outright violated,
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words, preventing HCH from seeking recourse in U.S. courts.
The second constitutional issue raised involves the Fourteenth Amendment because Section 211 may also violate
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a rational basis, the statute will likely survive scrutiny under the Constitution.
Section 211 has profound constitutional implications for any U.S. citizen wanting to
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by forbidding access to domestic courts, seems hardly what the forefathers intended.
SOP and Rule of Law maintain US soft power by improving foreign partnerships
Ikenberry 01 (G. John, Professor of Politics and International Affairs - Princeton University "Getting Hegemony Right" The National Interest, 3/12)
This bleak vision of backlash and strategic rivalry is not destiny. Indeed, the
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partnerships that serve the long-term strategic interests of the United States.
Ikenberry, Professor of International Affairs at Princeton University, 05
(G. John, 4th December 2005 "The Rise of China, Power Transitions and the Western Order" pg 5-6 http://www.scribd.com/doc/7257921/Ikenberry-Rise-of-China-Power-Transitions-and-the-Western-Order-http://www.scribd.com/doc/7257921/Ikenberry-Rise-of-China-Power-Transitions-and-the-Western-Order)
International order can be understood as a hierarchical political system that reflects the interests of
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new leading state that organizes the international system according to a new logic.
Thus the plan: The federal judiciary of the United States should declare Section 211 of the Omnibus Consolidated and Emergency Supplemental Appropriations Act for 1999 unconstitutional.
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.