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The World Trade Organization has a provision known as "Compulsory Licensing" which can be used in extraordinary situations such as this. Compulsory licensing is
by petilon 10y ago
The World Trade Organization has a provision known as "Compulsory Licensing" which can be used in extraordinary situations such as this. Compulsory licensing is when a government allows someone else to produce the patented product or process without the consent of the patent owner.
A few years ago, India's government authorized a drug manufacturer to make and sell a generic copy of a patented Bayer cancer drug because the price charged by Bayer was unaffordable to most of the nation. The US pharmaceutical industry has been up in arms about this, and has been exerting pressure on India to stop this practice. But abuses of the system by Mylan (with EpiPen), Turing (with Daraprim) and others would seem to justify the Indian practice.
In fact the US would do well to copy India's model. Citizens should be able to sue corporations for egregious abuses of the patent system, and courts should be able to provide relief in such cases by granting a compulsory license of a drug patent to a generic maker.
Read about compulsory licensing here:
https://www.wto.org/english/tratop_e/trips_e/public_health_faq_e.htm https://www.wto.org/english/tratop_e/trips_e/public_health_f...
Read about India granting compulsory license to Bayer cancer drug here:
http://www.nytimes.com/2012/03/13/business/global/india-overrules-bayer-allowing-generic-drug.html http://www.nytimes.com/2012/03/13/business/global/india-over...
- drakonandor 10y agoAn interesting model, taking advantage of other countries taxpayers and innovation so you never have to fund any research yourself. I'm sure that will work out well to better humanity as a whole - especially when there's no reason to actually invent anything new because every other country is just waiting to steal it.