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2024 JDI Disadvantage
AFF › L---Turn---Incentives

Patents incentivize innovation by maximizing profit and requiring disclosure.

Phelps 15, former chief of global intellectual property operations for IBM and Microsoft. (Marshall, 9-16-2015, "Do Patents Really Promote Innovation? A Response To The Economist"; Forbes; https://www.forbes.com/sites/marshallphelps/2015/09/16/do-patents-really-promote-innovation-a-response-to-the-economist/?sh=611751eb1921)

But no matter, let’s take the Economist’s central claim at face value — that patents “set innovation back” rather than promote it — and see if it holds up to scrutiny.

Let’s start with the basics: What causes innovation in the first place?

2024 JDI Disadvantage
AFF › L---Turn---Data

Meta-analysis concludes patent protections cause innovation.

Neves et al. 21 --- Department of Management and Economics, Universidade da Beira Interior, CEFAGE-UBI, Covilha, Portuga

Pedro Cunha, The link between intellectual property rights, innovation, and growth: A meta-analysis, Economic Modelling,

***NOTE: IPR = Intellectual Property Rights

2024 JDI Disadvantage
AFF › L---Thumper---USPTO

The US already has preferential treatment of green tech, and it’s effective.

Kim 10, visiting fellow in competition policy at Oxford Internet Institute. (Hee-Eun, 09-17-2010, “The Role of the Patent System in Stimulating Innovation and Technology Transfer for Climate Change”, Nomos Publishing, https://www.jstor.org/stable/j.ctv941r23)

In December 2009, the USPTO launched a pilot program to accept 3,000 petitions for accelerated examination of green technologies, i.e., applications related to “environmental quality, energy conservation, development of renewable energy resources or greenhouse gas emission reduction.”198 To be eligible, claims must be designed for an invention that significantly improves the quality of the environment or that materially contributes to: “(1) the discovery or development of renewable energy sources; (2) the more efficient utilization and conservation of energy resources; or (3) greenhouse gas emission reduction”, with an explanation satisfying the special status.199 Mere speculation on possible use of the invention to achieve the above effects does not suffice.

Initially, there was a requirement that applications must belong in one of the U.S. patent classifications: alternative energy production, energy conservation, environmentally-friendly farming, or environmental purification, protection or remediation.200 However, in May 2010, the USPTO announced removal of this restriction because “this requirement was causing the denial of petitions for applications that are drawn to green technologies” and the workload of examiners has been adjusted by other means.201 According to a USPTO report of July 26, 2010, some 650 petitions have been granted out of 1,400 requests submitted.202

2024 JDI Disadvantage
AFF › L---Thumper---Trump

Industry-specific patent rules have already been made under Biden, and they’ve been more effective on climate than Trump’s deregulatory approach!

Miller & Dills 23, *intellectual property partner at Shumaker. **J.D. candidate at Michigan State University. (* J Douglas, **Matthew, 12-07-2023, “Green Tech And IP From Obama Through Biden: What's Next?”, Shumaker, )

Like the change in the tides, governmental policies ebb and flow depending on the presidential administration in power. This is especially true for a polarizing issue such as climate change, which has been at the forefront of American politics the past few decades.

President Barack Obama and his administration were particularly dedicated to putting forth policies combating climate change and encouraging investment in alternative energy and other green technologies.

2024 JDI Disadvantage
AFF › U---China

Green innovation is declining---Biden’s tariffs hinder cooperation and competition with China.

Cepeda 6/2, independent columnist. (Elias, 06-02-24, “Biden’s tariffs to backfire on US consumers”, Global Times, )

Five years ago Joe Biden was running to unseat then American President Donald Trump and saw fit to justly lambast Trump's tariffs on Chinese products. After beating Trump, Biden decided to keep those same tariffs in place.

Now, running for a second term, Biden has called for even more tariffs against Chinese products, this time largely in the electronic and environmental sectors, to protect Western companies, now lagging far behind in both production and quality. 

2024 JDI Disadvantage
NEG › Evidence › !---Turns Case---AT: Incentives

Pharmaceutical incentive claims are hot air.

Kavusturan 20, Legal consultant, LL.M. and S.J.D. from Suffolk University. (Elif; November 2020, Reforming U.S. Patent Law to Enable Access to Essential Medicines in the Era of Artificial Intelligence,” Northwestern Journal of Technology and Intellectual Property vol. 18, Hein.)

2. Comparing Pharmaceutical Prices in the United States and Other Countries

Facing criticism over exorbitant prices and monopolistic pricing practices, pharmaceutical companies claim that high average returns are necessary to incentivize pharmaceutical R&D, given its high-risk nature.139 Yet, with pharmaceutical companies ranking among the most profitable,140 pharmaceutical prices have sparked controversy throughout the years.141

2024 JDI Disadvantage
NEG › Evidence › !---Turns Case

Hatch-Waxman’s increased protection discourages innovation and incentivizes suits.

Graham & Higgins 10, *associate professor of business at Georgia Tech University. **professor of business at Georgia Tech University. (*Stuart, **Matthew, 01-01-2010, “Patents: A Threat to Innovation?—Response”, Science, 327(5961), https://www.science.org/doi/10.1126/science.327.5961.32-a)

WE AGREE WITH MANOCARAN THAT “CORRElation is not causation” and say as much in our Policy Forum’s first paragraph. But Manocaran’s suggestion that the pharmaceutical industry may not be facing an innovation crisis is not supported by the weight of evidence (1–3).

Companies rely critically on patents to recoup their R&D expenditures, and patent rights are only as good as the human agents (such as judges and juries) who review them. This fact increases uncertainty for innovators, and the U.S. federal courts’weakening of patent rights over the past several years has made eventual payoffs from innovation even less likely. Added incentives offered to generic entrants in the Hatch-Waxman Act to launch Paragraph IV patent challenges, and the strategic use of this regime by generic firms, are exacerbating this problem by further undermining the market incentives to do pharmaceutical research. We are unconvinced by Manocaran’s assertion that the use of authorized generics will dampen incentives to engage in Paragraph IV challenges; preliminary evidence actually suggests otherwise (4, 5).

2024 JDI Disadvantage
NEG › Evidence › !---Turns Case

Patents are misused---one-size-fits-all, price gouging, patent racing, and lack of follow-on---which stifles innovation.

Kavusturan 20, Legal consultant, LL.M. and S.J.D. from Suffolk University. (Elif; November 2020, Reforming U.S. Patent Law to Enable Access to Essential Medicines in the Era of Artificial Intelligence,” Northwestern Journal of Technology and Intellectual Property vol. 18, Hein.)

II. Patents in the Context of AI Systems and Pharmaceutical Innovation

A. A Brief Primer on Patent Law

2024 JDI Disadvantage
NEG › Evidence › !---Warming

Oceans alone cause existential oxygen, disease, ice melt, and cognitive failure.

McKibben 19, Schumann Distinguished Scholar at Middlebury College, Fellow of the American Academy of Arts and Sciences. (Bill, APRIL 9, 2019, “This Is How Human Extinction Could Play Out,” RollingStone, https://www.rollingstone.com/politics/politics-features/bill-mckibben-falter-climate-change-817310/)

Oh, it could get very bad. In 2015, a study in the Journal of Mathematical Biology pointed out that if the world’s oceans kept warming, by 2100 they might become hot enough to “stop oxygen production by phyto-plankton by disrupting the process of photosynthesis.” Given that two-thirds of the Earth’s oxygen comes from phytoplankton, that would “likely result in the mass mortality of animals and humans.” A year later, above the Arctic Circle, in Siberia, a heat wave thawed a reindeer carcass that had been trapped in the permafrost. The exposed body released anthrax into nearby water and soil, infecting two thousand reindeer grazing nearby, and they in turn infected some humans; a twelve-year-old boy died. As it turns out, permafrost is a “very good preserver of microbes and viruses, because it is cold, there is no oxygen, and it is dark” — scientists have managed to revive an eight-million-year-old bacterium they found beneath the surface of a glacier. Researchers believe there are fragments of the Spanish flu virus, smallpox, and bubonic plague buried in Siberia and Alaska. Or consider this: as ice sheets melt, they take weight off land, and that can trigger earthquakes — seismic activity is already increasing in Greenland and Alaska. Meanwhile, the added weight of the new seawater starts to bend the Earth’s crust. “That will give you a massive increase in volcanic activity. It’ll activate faults to create earthquakes, submarine landslides, tsunamis, the whole lot,” explained the director of University College London’s Hazard Centre. Such a landslide happened in Scandinavia about eight thousand years ago, as the last Ice Age retreated and a Kentucky-size section of Norway’s continental shelf gave way, “plummeting down to the abyssal plain and creating a series of titanic waves that roared forth with a vengeance,” wiping all signs of life from coastal Norway to Greenland and “drowning the Wales-sized landmass that once connected Britain to the Netherlands, Denmark, and Germany.” When the waves hit the Shetlands, they were sixty-five feet high. There’s even this: if we keep raising carbon dioxide levels, we may not be able to think straight anymore. At a thousand parts per million (which is within the realm of possibility for 2100), human cognitive ability falls 21 percent. “The largest effects were seen for Crisis Response, Information Usage, and Strategy,” a Harvard study reported, which is too bad, as those skills are what we seem to need most.

2024 JDI Disadvantage
NEG › Evidence › !---Warming

Warming causes extinction and turns every other impact.

Melton 19, 3L at Harvard Law School. Before law school, she was an associate fellow in the Energy and National Security Program at the Center for Strategic and International Studies, where she focused on climate policy. (Michelle, January 7, 2019, “Climate Change and National Security, Part II: How Big a Threat is the Climate?”, Lawfare, https://www.lawfareblog.com/climate-change-and-national-security-part-ii-how-big-threat-climate)

At least until 2050, and possibly for decades after, climate change will remain a creeping threat that will exacerbate and amplify existing, structural global inequalities. While the developed world will be negatively affected by climate change through 2050, the consequences of climate change will be felt most acutely in the developing world. The national security threats posed by climate change to 2050 are likely to differ in degree, not kind, from the kinds of threats already posed by climate change. For the next few decades, climate change will exacerbate humanitarian crises—some of which will result in the deployment of military personnel, as well as material and financial assistance. It will also aggravate natural resource constraints, potentially contributing to political and economic conflict over water, food and energy. The question for the next 30 years is not “can humanity survive as a species with 1.5°C or 2°C of warming,” but, “how much will the existing disparities between the developed and developing world widen, and how long (and how successfully) can these widening political/economic disparities be sustained?” The urgency of the climate threat in the next few decades will depend, to a large degree, on whether and how much the U.S. government perceives a widening of these global inequities as a threat to U.S. national security. By contrast, if emissions continue to creep upward (or if they do not decline rapidly), by 2100 climate-related national security threats could be existential. The question for the next hundred years is not, “are disparities politically and economically manageable?” but, “can the global order, premised on the nation-state system, itself based on territorial sovereignty, survive in a world in which substantial swathes of territory are potentially uninhabitable?” National Security Consequences of Climate Change to 2050 Scientists can predict the consequences of climate change to 2050 with some measure of certainty. (Beyond that date, the pace and magnitude of climate change—and therefore, the national security threat posed by it—depend heavily on the level of emissions in the coming years, as I have explained.) There is relative agreement across modeled climate scenarios that the world will likely warm, on average, at least 1.5°C above pre-industrial levels by about 2050—but perhaps as soon as 2030. This level of warming is likely to occur even if the world succeeds in dramatically reducing greenhouse gas emissions, as even the recent Intergovernmental Panel on Climate Change (IPCC) report implicitly admits. In other words, a certain amount of additional warming—at least 1.5°C, and probably more than that—is presumptively unavoidable. Looking ahead to 2050, it can be said with relative confidence that the national security consequences of climate change will vary in degree, not in kind, from the national security threats already facing the United States. This is hardly good news. Even small differences in global average temperatures result in significant environmental changes, with attendant social, economic and political consequences. By 2050, climate change will wreak increasing havoc on human and natural systems—predominantly, but not exclusively, in the developing world—with attenuated but profound consequences for national security. In particular, changes in temperature, the hydrological cycle and the ranges of insects will impact food availability and food access in much of the world, increasing food insecurity. Storms, flooding, changes in ocean pH and other climate-linked changes will damage infrastructure and negatively impact labor productivity and economic growth in much of the world. Vector-borne diseases will also become more prevalent, as climate change will expand the geographic range and intensity of transmission of diseases like malaria, West Nile, Zika and dengue fever, and cholera. Rising public health challenges, economic devastation and food insecurity will translate into an increased demand for humanitarian assistance provided by the military, increased migration—especially from tropical and subtropical regions—and geopolitical conflict. Long-term trends such as declining food security, coupled with short-term events like hurricanes, could sustain unprecedented levels of migration. The 2015 refugee crisis in Europe portends the kinds of population movements that will only accelerate in the coming decades: people from Africa, Southwest and South Asia and elsewhere crossing land and water to reach Europe. For the United States, this likely means greater numbers of people seeking entry from both Central America and the Caribbean. Such influxes are not unprecedented, but they are unlikely to abate and could increase in volume over the next few decades, driven in part by climate change-related food insecurity, climate change-related storms and also by economic and political instability. Food insecurity, economic losses and loss of human life are also likely to exacerbate existing political tensions in the developing world, especially in regions with poor governance and/or where the climate is particularly vulnerable to warming (e.g., the Mediterranean basin). While the Arab Spring had many underlying causes, it also coincided with a period of high food prices, which arguably contributed to the protests. In some situations, food insecurity, economic losses and public health crises, combined with weak and ineffectual governance, could precipitate future conflicts of this kind—although it will be difficult to know where and when without more precise local studies of both underlying political dynamics and the regionally-specific impacts of climate change. 2100 and Beyond While the national security impacts of climate change to 2050 are likely to be costly and disruptive for the U.S. military—and devastating for many people around the world—at some point after 2050, if warming continues at its current pace, changes to the climate could fundamentally reshape geopolitics and possibly even the current nation-state basis of the current global order. To be clear, both the ultimate level of warming and its attendant political consequences is highly speculative, for the reasons I explained in my last post. Nonetheless, we do know that the planet is currently on track for at least 3-4°C of warming by 2100. The “known knowns” of higher levels of warming—say, 3°C—are frightening. At that 3°C of warming, for example, scientists project that there will be a nearly 70 percent decline in wheat production in Central America and the Caribbean, 75 percent of the land area in the Middle East and more than 50 percent in South Asia will be affected by highly unusual heat, and sea level rise could displace and imperil the lives hundreds of millions of people, among other consequences. But even higher levels of warming are physically possible within this century. At these levels of warming, some regions of the world would be literally uninhabitable, likely resulting in the depopulation of the tropics, to say nothing of the consequences of sea-level rise for economically important cities such as Amsterdam and New York. Even if newly warmed regions of the far north could theoretically accommodate the resulting migrants, this presumes that the political response to this unprecedented global displacement would be orderly and conflict-free borders on fantasy. The geopolitical consequences of significant levels of warming are severe, but if these changes occur in a linear way, at least there will be time for human systems to adjust. Perhaps more challenging for national security is the possibility that the until-now linear changes give way to abrupt and irreversible ones. Scientists forecast that, at higher levels of warming—precisely what level is speculative—humanity could trigger catastrophic, abrupt and unavoidable consequences to the ecosystem. The IPCC has considered nine such abrupt changes; one example is the potential shutting down of the Indian summer monsoon. Over a billion people are dependent upon the Indian monsoon, which provides parts of South Asia with about 80 percent of its annual rainfall; relatively minor changes in the monsoon in either direction can cause disasters. In 2010, a wetter monsoon led to the catastrophic flooding in Pakistan, which directly affected 20 million people; a drier monsoon in 2002 led to devastating drought. Studies suggest that the Indian summer monsoon has two stable states: wet (i.e., the current state) and dry (characterized by low precipitation over the subcontinent). At some point, if warming continues, the monsoon could abruptly shift into the second, “dry” state, with catastrophic consequences for over a billion people dependent on monsoon-fed agriculture. The IPCC suggests that such a state-shift is “unlikely”—that is, there is a 10 to 33 percent chance that a state-shift will happen in the 21st century—but scientists also have relatively low confidence in their understanding of the underlying mechanisms in this and other large-scale natural systems. The consequences of abrupt, severe warming for national security are obvious in general, if unclear in the specifics. In 2003, the Defense Department asked a contractor to explore such a scenario. The resulting report outlined the offensive and defensive national security strategies countries may adopt if faced with abrupt climate change, and highlighted the increased risk of inter- and intra-state conflict over natural resources and immigration. Although the report may be off in its imagined timeframe (positing abrupt climate change by 2020), the world it conjures is improbable but not outlandish. If the Indian monsoon were to switch to dry state, and a billion people were suddenly without reliable food sources, for example, it is not clear how the Indian government would react, assuming it would survive in its current form. Major wars or low-intensity proxy conflicts seem likely, if not inevitable, in such a scenario. This is not to say that a parade of climate horribles is certain—or even likely—to come to pass. Scientific understanding of the sensitivities in the climate system are far from perfect. It is also possible that emissions will decline more rapidly than anticipated, averting the worst consequences of climate change. But this outcome is far from guaranteed. And even if global emissions decline precipitously, humanity cannot be sure when or whether the planet has crossed a climate tipping point beyond which the incremental nature of the current changes shifts from the current linear, gradual progression to a non-linear and abrupt process. Within the next few decades, the most likely scenario involves manageable, but costly, consequences on infrastructure, food security and natural disasters, which will be borne primarily by the world’s most impoverished citizens and the members of the military who provide them with humanitarian assistance and disaster relief. But while the head-turning national security impacts of climate change are probably several decades away, the nature of the threat is such that waiting until these changes manifest is not a viable option. By the time the climate consequences are severe enough to compel action, there is likely to be little that can be done on human timescales to undo the changes to environmental systems and the human societies dependent upon them.

2024 JDI Disadvantage
NEG › Evidence › IL---Small Innovators

Patents are especially harmful to small innovators---they’re uniquely key in emergent fields like green tech.

Behnen & Waldbaum 11, *associate at Schiff-Hardin. **trial lawyer at Schiff-Hardin. (*Henry, **Maxim, 09-11, “IS GREEN TECHNOLOGY STALLED AT THE STARTING LINE?”, Landslide, 4, https://heinonline.org/HOL/Page?handle=hein.journals/lndslid4&div=9&g_sent=1&casa_token=QqNJz8-ZBYUAAAAA:bod2hiQyRig_A-rlI1HiHuUXLyDYxWGuH2QmS8UVvdDaQM1J0tr_2JyfhdRC8mpxGFQzxwBNpQ&collection=journals)

Inventor Tom Bermatz wants you to buy his wind turbine. The turbine, a work of engineering and visual art, is small, efficient, and smart. One thing it is not is conventional. It can consistently produce electricity even in slow winds, whereas larger traditional three-blade turbines fail to overcome their own inertia. The turbine, appearing strange and foreign with its numerous spokes and circular blade design, is the result of exactly the sort of inspiration that comes best from individuals with great ideas-independent individuals free to rethink long-held and often incorrect assumptions about design and engineering. Bernatz has an invention that seems worth selling; however, some believe that our patent system and policies may hinder his ability sell it. There are patent-related pressures from existing wind patent holders, limiting his ability to design the most effective turbine; litigation pressures that come with skirting too close to often ambiguous and broad patents; and a lack of venture capital because his technology is an extremely longterm investment facing potential patent litigation if he is able to manufacture his new design. Bernatz is not a unique example.

While green technology appears set to become the next boom industry, lone inventors and small businesses often find that barriers to bringing the next green tech innovation to market are simply too great to overcome. Bernatz certainly wants you to buy his wind turbine. But will you have the chance?

2024 JDI Disadvantage
NEG › Evidence › L---AT: Turn---Public Disclosures

Theoretical models and empirics prove patents incentivize secrecy---disclosure only occurs after monopolization.

Boldrin* and Levine** 12, *Ph.D. and Joseph Gibson Hoyt Distinguished Professor at the University of Washington, focusing on the theory and application of Dynamic General Equilibrium models. **Ph.D. and John H. Biggs Distinguished Professor Emeritus at Washington University in St. Louis, studying intellectual property and endogenous growth in dynamic general equilibrium models. (Michele* and David**, “The Case Against Patents,” Federal Reserve Bank of St. Louis Working Paper, no. 2012-035A, https://www.academia.edu/download/81206652/2012-035.pdf)

A second widely cited benefit of patent systems – although not so much in the economics literature – is the notion that patents are a substitute for socially costly trade secrecy and improve communication about ideas. From a theoretical point of view the notion that patents are a substitute for trade secrecy fails even in the simplest model. If a secret can be kept for N years and a patent lasts M years then an innovator will patent exactly when N ≤ M. Hence, only those things will be patented for which the secret would have emerged before the patent expired, while those for which the secret can be kept will not be patented. The same remains true in more complex and realistic models such as that of Boldrin and Levine [2004], see also Ponce [2007]. It is also the case that modern “disclosure” in patents is negligible – it is essentially impossible to build a functioning device or software program from a modern patent application, a fact which is especially clear since some patented ideas do not – and cannot – work. A case in point is the patent for moving information through the fifth dimension.2

A more subtle point is that secrecy may bias the type of inventive activity away from innovations that are not easily kept secret to those that can be, vice versa for patents. There is historical evidence from Moser [2004, 2005] in this direction. In 19th Century expositions of inventions, while countries without patent systems had overall rates of innovation similar to those with a patent system, they did specialize in innovations which were more easily kept secret. How strong this bias would be if no countries had patent systems – that is, whether it is true that patents encourage innovations that would not otherwise be made, or if they just shift the location of innovation from country to country – is not known.

2024 JDI Disadvantage
NEG › Evidence › L---AT: Turn---Incentives

Multiple studies and empirics conclude patenting taxes innovation---most inventions are unpatented.

Levine 16, Ph.D. and John H. Biggs Distinguished Professor Emeritus at , studying  and endogenous growth in dynamic general equilibrium models. (David, July 28, ““The Great IP Debate: Do patents do more harm than good?”, Science Business, https://sciencebusiness.net/news/79887/The-Great-IP-Debate:-Do-patents-do-more-harm-than-good)

Patents discourage innovation. When Steve Jobs and Steve Wozniak started developing the first Apple computers in a garage, they did not worry much about patents. They shared and borrowed ideas from their network of fellow geeks. If they had had to pay royalties on all the software they borrowed, today we would have no email, no smartphones, no What’s App, no Google. The most important software innovations in the US happened before the US began allowing software patenting (in Europe, software patents as such are not possible.) More recently, the pace of innovation slowed.

Today, patents are often used as weapons. In the 1950s, an American inventor filed so-called “submarine patents” to claim an early form of machine vision technology; when others decades later developed bar code and other machine readers he sued to protect his previously unnoticed patents and collected more than $1 billion – even though the real development work had been done by others.

2024 JDI Disadvantage
NEG › Evidence › L---AT: Turn---Incentives

The incentive is net negative---patent overuse slows and litigates cumulative innovation.

Meurer* and Freilich** 21, *Professor of Law at Boston University. ** Associate Professor of Law at Fordham University. (Michael* and Janet**, March 16, 2021, “Patent System Often Stifles the Innovation It Was Designed to Encourage,” The Conversation, https://theconversation.com/patent-system-often-stifles-the-innovation-it-was-designed-to-encourage-148075)

Most technologies are developed by many inventors over many years, a process called “cumulative” innovation. Too often, however, early inventors get a patent on a small and perhaps insignificant piece of the technological puzzle, yet their patent covers the entire puzzle. Inventors who solve subsequent parts of the puzzle may need to pay royalties to the patentee, even if their contributions are larger.

As legal experts who focus on technology law and policy, we suggest that the problem boils down to two issues: too many patents and too little accurate information about them.

2024 JDI Disadvantage
NEG › Evidence › L---AT: Thumper---USPTO

The USPTO’s green tech policies only favor commercialization and are ineffective.

McDermott 24, editor-in-chief of IP Watchdog. (Eileen, 03-14-2024, “USPTO Wants Input on How to Better Commercialize Innovation”, IP Watchdog, )

The U.S. Patent and Trademark Office (USPTO) today issued a  (RFC) that will be published in the Federal Register tomorrow seeking input from the public on how to better incentivize commercialization of innovation, particularly in green and critical or emerging technologies.

According to the RFC, the comments received “will be used to evaluate possibilities for amplifying the impact of our current work, and to explore new ways to support the transfer of innovation to the marketplace.”

2024 JDI Disadvantage
NEG › Evidence › L---AT: Thumper---Trump

Trump failed precisely because he strengthened patent protections!

Grenville 18, nonresident fellow at the Lowy Institute and consultant on financial sector issues in East Asia. (Stephen, 11-12-2018, “Trump and intellectual property”, The Interpreter, )

It’s hardly surprising that America – the land of Thomas Edison, Graham Alexander Bell, and Steve Jobs – is a vigorous defender of inventors’ rights. President Trump has turned up the heat on the long-standing about intellectual property  by foreigners, especially China:

The theft of intellectual property by foreign countries costs our nation millions of jobs and billions and billions of dollars each and every year.

2024 JDI Disadvantage
NEG › Evidence › L---Spillover

Hatch-Waxman either spills over to climate tech, or breaks the uniformity of patent law, which dooms regulatory effectiveness.

Schellhorn 19, law student at University of Virginia. (Maximillian, Spring 2019, “The Promise and Peril of Industry-Specific Patent Law”, Viriginia Journal of Law & Technology, 22(5), https://heinonline.org/HOL/Page?handle=hein.journals/vjolt22&div=8&g_sent=1&casa_token=mg6xBZPSOVsAAAAA:TuSpKRv-cisCQJuaJYl9Chq_rNzIiISQ5eJpCygCT9HzVy_aRNCeZtlon5_vMzZSqz8VwLyB2Q&collection=journals)

Why then does patent law widely rely on uniformity? One of the reasons lies in the nature of technology. It changes and evolves rapidly so that today's technology can be already outdated tomorrow. 17 Innovation is not static but inherently dynamic. Think about technological relics such as Walkmans, cassette tapes, VHS or floppy disks. Widespread Congress-made industry-specific law would require an enormous amount of financial and personnel resources. A further peril of industry-specific law-making is that it can encourage rentseeking and opportunistic behavior by certain industry groups." In this regard, it has been pointed out that Congressional lobbying has increased in the field of intellectual property rights. 19 Finally, there is the TRIPs Agreement that provides an additional reason for the limited existence of diversity in today's patent law. Article 27(1) of the TRIPs Agreement provides:

[P]atents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application. Subject to [the transitional provisions relating to developing countries and patent protection for pharmaceutical and agricultural products], patents shall be available and patent rights enjoyable without discrimination as to the place of invention, the field of technology and whether products are imported or locally produced.

2024 JDI Disadvantage
NEG › Evidence › U---AT: China

U.S.-China green tech cooperation is empirically successful, but if it does fail, it’s because of IP protections like the plan.

Pike 23, reporter for Foreign Policy. (Lili, 09-21-2023, “Can the U.S. and China Cooperate on Green Technology Again?”, Foreign Policy, )

Scientists project that the world will likely  the 1.5 degrees Celsius redline set under the Paris Agreement in the next few years, unleashing more disasters like those that have hit Libya, Greece, Hong Kong, the Hawaiian island Maui, and other places in recent months.

One might imagine that such grave news could lead to a scenario along the lines of what Chinese science fiction author Liu Cixin imagined in his 2008 novel The Three-Body Problem: the world’s most powerful countries, even adversaries, coming together in one room to confront an existential threat. In that case, the threat was extraterrestrial life; in this, climate catastrophe.

2024 JDI Disadvantage
NEG › 1NCs › 1NC

Unchecked warming causes extinction.

Spratt & Dunlop 19, *research director for Breakthrough National Centre for Climate Restoration. **member of Club of Rome and former chair of the Australian Greenhouse Office Experts Group on Emissions Trading. (*David, **Ian, 05-2023, “Existential climate-related security risk: A security approach”, National Centre for Climate Restoration, https://www.preventionweb.net/publication/existential-climate-related-security-risk-scenario-approach)

Climate change intersects with pre-existing national security risks to function as a threat multiplier and accelerant to instability, contributing to escalating cycles of humanitarian and socio-political crises, conflict and forced migration.

Climate-change impacts on food and water systems, declining crop yields and rising food prices driven by drought, wildfire and harvest failures have already become catalysts for social breakdown and conflict across the Middle East, the Maghreb and the Sahel, contributing to the European migration crisis.

2024 JDI Disadvantage
NEG › 1NCs › 1NC

Green innovation is necessary to stop climate change---however, patent fences and thickets are used to hinder it.

Lewis 18, member of Canadian Parliament with a M.S. in environmental science, J.D., and Ph.D. in law from York University. (Leslyn, 01-01-2018, “Evergreening Through Trade Secrets as an Impediment to Green Technology Transfer to the Developing World”, Asper Review of International Business and Trade Law, 18(1), https://journals.library.ualberta.ca/asperreview/index.php/asperreview/article/view/74)

In the Korean case, the country and economy were inundated with nonozone depleting technologies dumped in the country by a foreign company that filed 40 patents. This practice occurred at the time when Korea, which was refused a license on HFC technology, decided to develop its own local capacity in the area. The filing of multiple patents on the technology was interpreted as an attempt to stifle Korean growth in the technology by increasing the cost of development. The effect of such broad property rights on development has been found to stagnate innovation because of the costly nature of obtaining a licence from the patent holder."8

Technology transfer in the energy sector is largely connected with the effective licensing of the technology. In light of concerns that expired patents could still not be utilized in the renewable energy sector due to the inability to secure licenses for technology, a joint United Nation Energy Programme, European Patent Office and International Centre for Trade and Sustainable Development's study was commissioned to examine licensing practices in the clean energy sector. The global licensing survey concluded that intellectual property protection in the host country was an important factor in entering a license agreement. The respondents also cited other local infrastructural factors as also affecting the decision to enter into a licensing agreement. 121