[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).

More information about the Ip-health mailing list