[Ip-health] Model law on medicine crime

George Carter fiar at verizon.net
Mon May 4 06:01:19 PDT 2015


On May 3, 2015, at 6:53 PM, David Legge wrote:

> http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2530087
> Model Law on Medicine Crime<http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=333294>
> Amir Attaran <http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=333294>

This starts out brilliantly:
While this problem is often dealt with as a crime against intellectual property (counterfeiting), in most countries there are few or even no laws to deal with it as a crime against public health. That is a great and curious omission, because the more morally offensive and culpable wrongdoing is the damage that is done to health and well-being.

But since it was written by Attaran, my suspicions were raised. Sure enough, there's a poison pill in his disingenuous concern for public health in the law:
>  Version 1.1 of the Model Law contains: Accurate definitions of wrongful medicines (i.e. substandard, falsified, unregistered medicines); 

It's that last bit--unregistered medicines. THESE ARE NOT COUNTERFEITS. They're legitimately made, a legal right by TRIPS for nations to produce generic alternatives which are generally as good as pharma's "patent" medicines. How loathsome and hypocritical can he be?

So he's tarting up a lie with an important truth. Not taking that truth where it SHOULD go with regard to public health. But let's use that insight. Counterfeiting is indeed criminal and a crime against public health.

But the next logical step is that the damage to health and well-being that is being committed on a daily basis and with assiduous efforts on the part of PHRMA and its minions in blocking access through profiteering under the guise of protecting IP is nothing short of a form of economic genocide. 

At this point, the prices are all so absurd, even they don't try to use the lame (and bloated) excuse of R&D costs but fall back upon some newly made up notions of "value" (i.e., how much can they screw out of the public, private companies and government agencies).
george





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