[Ip-health] Eminent domain

George Carter fiar at verizon.net
Mon Nov 19 07:55:55 PST 2012


If each drug is approved independently before hell freezes over, I would STRONGLY recommend we find a company, perhaps Cipla? if India would issue the compulsory license.

With close to 200 MILLION infected individuals, this is a global DISASTER.

http://www.epidemic.org/thefacts/theepidemic/worldPrevalence/ 
"Higher rates have been reported in Southeast Asian countries, including India (1.5%), Malaysia (2.3%), and the Philipines (2.3%). The incidence in Japan was 1.2%. Alarming rates were reported for many African nations, reaching as high as 14.5% in Egypt."

But we need more data on how these drugs work together, how they work in people who have failed previous therapy, have more advanced disease, are HIV co-infected.

That's why I think EMINENT DOMAIN is the way to simply remove at least the one drug from Gilead's insanely greedy paws, but possibly also BMS's daclatasvir. I'm sure BOTH companies, as this is a 24-week regimen, will be charging a king's RANSOM for each drug the moment they're approved. 

Did you know that Gilead's fixed dose combo "Stribild" is selling for $79?

Yes. That's right. $79. FOR EACH PILL.

This is why I call what companies like them do economic genocide. And I lay the blame DIRECTLY at the feet not of "Gilead" but its executives, most notably, specifically and egregiously, their multi-millionaire CEO, John C. Martin. 

A man who is threatening the lives of MILLIONS of people for nothing more than outrageous, vicious, violent and lethal greed.
George M. Carter
 
On Nov 17, 2012, at 9:50 AM, Baker, Brook wrote:

> 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
> (c) 617-259-0760
> (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
> 
> Click http://www.medpagetoday.com/MeetingCoverage/AASLD/35957 for the full story:
> 
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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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