"If we believe in free trade, it makes no sense to give
long-term patent protections to pharmaceuticals. In reality,
prescription drugs are a social good."--Dean Baker,
Economist
"The good of the people is the greatest law."--Marcus
T. Cicero, Roman Orator
There is no doubt that the high price of drugs must be attributed
to the oligopolistic position of pharmaceutical corporations and to
the granting of long term patent protection.
And the poor nations are aggrieved for the reason that the richer
countries are the beneficiaries of the patent protection, that the
drug prices are relatively much higher with respect to peoples
income, and that the profit motive of the corporations skews their
research towards the figuring out how to help rich people be more
sexually potent, or look young forever, or have tall children.
This is not the whole story as the US corporations have their
research subsidized by more than 50% by the National Institutes of
Health, universities, charities and other agencies. And more than
two third of these researches are directed not toward breakthroughs
to better our lives but toward finding ways around the lucrative
patents of competitors so as to produce alternative drugs and enjoy
a slice of the market. Additional expenses go into direct marketing
costs at the tune of 55 percent of the companies' research, and on
top of these wastes economist Dean Baker has observed that
"monopoly profits are an enormous incentive for companies to
overstate the benefits and understate the risks of the newest wonder
drugs." The defence of the patent protections are further
maintained in Washington where the pharmaceutical industry has the
best oiled lobby and many friends, including Defense Secretary
Donald Rumsfeld who is former chief executive of the drug maker G.
D. Searle.
And by the way, both Health Canada and the US Department of
Health and Services threatened to issue a compulsory license for the
production of generic Cipro unless the patent holder Bayer would cut
the price for the drug, and as a consequence I don't see why
developing countries couldn't have done the same as they experienced
public health emergencies such as the AIDS epidemic in Sub-Saharan
Africa.
So, this protection of intellectual rights for pharmaceutical
corporations has little to do with helping the well being of people
and the recouping of research cost, it is again the same story of
having corporations and politicians helping themselves at the
expense of people at large.
References
Patent Medicine, by Dean Baker, January 29, 2001, The American
Prospect http://www.americanprospect.com/print/V12/2/baker-d.html
The Price Isn't Right, by Merrill Goozner, September 11, 2000,
The American Prospect http://www.americanprospect.com/print/V11/20/goozner-m.html
A Muscular Lobby Tries to Shape Nation's Bioterror Plan, by
Leslie Wayne and Melody Petersen, New York Times November 4, 2001
http://www.nytimes.com/2001/11/04/business/04PHAR.html
Fourth Ministerial Conference in Doha Developing countries seek
amendment to WTO drug patent guidelines, by Amol Sharma, Earth Times
News Service, November 3, 2001 http://www.earthtimes.org/nov/worldtradeorgfourthnov3_01.htm
An overview of the AIDS epidemic. United Nations Special Session
on HIV/AIDS, 25-27 June 2001 http://www.unaids.org/fact_sheets/ungass/html/FSoverview_en.htm |