woensdag, oktober 26, 2005
Violating A Patent As Moral Choice
Violating A Patent As Moral Choice: "kuzmich writes 'The Taiwanese government has announced that it will violate patent laws to manufacture a drug that can help fight bird flu virus. In doing so, they have spelled out their reasoning very clearly: 'We have tried our best to negotiate with Roche, it means we have shown our goodwill to Roche and we appreciate their patent. But to protect our people is the utmost important thing'. Not being in Taiwan, this makes me wonder how bad the situation would have to be for some of the other governments to follow a path of violating patent and copyright laws for the benefit of the general population. Are there precedents, procedures for doing so?'"
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Your asking about moral and legal choices. This is not sophie's choice. I say BOMB iraq.
wait! err...
-nzhyavtp
wait! err...
-nzhyavtp
Yes, there are precedents for doing so. International law allows countries to ignore patents on drugs when there is a public need. There is no "violation of law" here. See e.g. last week's New Scientist.
A compromise approach that might mitigate charges of obstruction or opportunism could be for the infringing government to announce, "In view of the pharma company's inability to expand production quickly and its refusal to negotiate a protocol that will allow us to protect our populace, our government will donate funds equivalent to average licensing fees on comparable products to a registered charity in the company's home country."
Yes, Brazilian government have done that for all the medications patented before '90 something, done by the minister of health, Mr. Jose Serra at that time.
It's done a huge good to Brazilian's health, mainly in the AIDS area.
Brazil is now recognized as first class on the battle against the HIV virus.
That one of the gratest things done by the Fernando Henrique (former president) government in Brazil.
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It's done a huge good to Brazilian's health, mainly in the AIDS area.
Brazil is now recognized as first class on the battle against the HIV virus.
That one of the gratest things done by the Fernando Henrique (former president) government in Brazil.
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