[Ip-health] Eminent domain

George Carter fiar at verizon.net
Mon Sep 24 17:25:00 PDT 2012


As previously discussed here, Gilead has a drug that, when used with a drug from BMS, provided 100% 3-month sustained viral response among hard-to-treat HCV genotype 1a sufferers. 

Gilead has refused to pursue further clinical trials, however, as it wants to develop its own BMS-style drug and corner the market. I.e., their sole motivation is not danger or risk but simple greed.

The thought occurs that perhaps these drugs should be taken by a government, not necessarily the US government, by invoking eminent domain. A greater public good is served and the companies are compensated (if not in the murderous ransom they would prefer).

One intriguing article on the topic here:
http://www.ipprospective.com/copyright-caucus/intellectual-property-and-eminent-domain-a-plausible-combination/ 

I would love to hear other people's thoughts on this.
George M. Carter





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