[Ip-health] Supporting Sanders/Khanna Bill

Baker, Brook b.baker at northeastern.edu
Wed Nov 21 08:22:33 PST 2018

Ending Monopolies for Excessively Priced Drugs Act of 2019 is a pragmatic and lawful response to the intolerable burden of monopoly-priced medicines where new medicines are typically priced over $100,000 and annual inflation of drug prices nears 10% per year with no cost justification.  Paying the median price of five high-income, reference-price countries might still be too much, but will likely cut patented drug prices in half.  If companies refuse to drop prices, this bill has a real hammer – open compulsory licenses with reasonable royalties to the rightholders, fully lawful under international law.  In fact, generic manufacturing will often be a preferable outcome because robust generic competition is likely to result in even greater cost savings for individuals, insurers, and government payers. As an added bonus, generic licensees would be able to export non-predominate quantities of affordable medicines to other countries where blocking patents were not in place.  This bill may face an uphill battle with Republic control of the Senate and the White House and with the army of Pharma lobbyists and lawyers that will be organized to oppose it, but it’s the first federal bill with real potential to directly lower drug prices for all Americans and to indirectly lower prices abroad.

Professor Brook K. Baker
Northeastern U. School of Law
416 Huntington Ave.
Boston, MA 02115
Honorary Research Fellow, University of KwaZulu Natal
Health GAP (Global Access Project) Senior Policy Analyst
(w) 617-373-3217
(c) 617-259-0760
b.baker at northeastern.edu
Skype:  brook_baker

More information about the Ip-health mailing list