[Ip-health] Eminent domain

Baker, Brook b.baker at neu.edu
Sat Nov 17 06:50:00 PST 2012


This is a classic case for government intervention to promote R&D on rational fixed-dose combinations and thereafter to allow production and sale.  A government could issue a compulsory license (not quite eminent domain, George, but the alternative authorized under international law) on both products.  Someone would need to fund clinical trials because most generic companies don't have sufficient resources for such activities, especially where they would also have to seek registration of a previously unregistered combo product.  Finally, getting a compulsory license in a single country might not build a big enough market to incentivize generic entry re an uncertain market.  One of the problems with CL strategies is that it is hard to aggregate a regional or global market with enough purchasing power (something that Big Pharma does through filing patents in multiple countries).

Brook 
Professor Brook K. Baker
Health GAP (Global Access Project) &
Northeastern U. School of Law, Program on Human Rights and the Global Economy
Honorary Research Fellow, Faculty of Law, Univ. of KwaZulu Natal, SA
400 Huntington Ave.
Boston, MA 02115 USA
(w) 617-373-3217
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(f) 617-373-5056
b.baker at neu.edu
________________________________________
From: ip-health-bounces at lists.keionline.org [ip-health-bounces at lists.keionline.org] on behalf of George Carter [fiar at verizon.net]
Sent: Thursday, November 15, 2012 10:17 AM
To: Ip-health
Subject: [Ip-health] Eminent domain

If ever there was a case to invoke eminent domain, this is it.

Promising HCV Combo May Not See Light of Day

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Gilead refuses further development with BMS's daclatasvir for no other reason than greed.
I'd like to ask the people on this list, and Professor Outterson how we could get a state or nation (the US? Mexico? India? Egypt??) to invoke eminent domain?

For a good review, see http://www.ipprospective.com/copyright-caucus/intellectual-property-and-eminent-domain-a-plausible-combination/

George M. Carter

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