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> Then why wouldnt you just make that the law without the silly roundabout shipping ruse? If you read TFA, that's what they're talking about doing. > Its usin
by chimeracoder 7y ago
> Then why wouldnt you just make that the law without the silly roundabout shipping ruse?
If you read TFA, that's what they're talking about doing.
> Its using trade law to circumvent patent law.
Not at all; the restriction on drug reimports has nothing to do with patents.
- basch 7y agoThere is absolutely a relationship between intellectual property law and trade law. The restriction in drug import exists to make the patent effective. Its the same as Costco vs Omega. Import rights are intrinsically intertwined with ownership and sale rights. https://en.wikipedia.org/wiki/Omega_S.A._v._Costco_Wholesale_Corp https://en.wikipedia.org/wiki/Omega_S.A._v._Costco_Wholesale....
- chimeracoder 7y ago> There is absolutely a relationship between intellectual property law and trade law. The restriction in drug import exists to make the patent effective. No, this is a common misconception. If FooCorp manufactures a drug in the US and exports it to the US, there is no inherent patent issue with a US entity purchasing it from the Canadian middleman.
- basch 7y agoThe two laws work together, Ying and yang. You can't analyze one half in isolation. I dont know why you italicized patent, in that example it's a trade issue precisely because the patent doesnt cross boarders.