E-drug: Re: US compusory licensing proposal for medicines (contd)
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Dear E-druggers:
David Veazey's account of the US Congressional debate over compulsory
licensing prior to passage of the 1962 Kefauver-Harris drug law is
interesting. The book he cites -- Richard Harris' "The Real Voice" -- is
must reading for anyone needing proof that legislating, like
sausage-making,
is not for the faint of heart.
That said, I don't think Veazey meant to imply, and it should not be
inferred, that the Kennedy administration backed compulsory licensing. It
didn't. According to the Harris book, the closest it came was to endorse a
provision, later dropped, denying patentability to a drug not superior to
existing drugs.
Kefauver's original idea -- compulsory licensing after three years at 8%
royalty -- had been stripped from the bill by the time it came to a vote in
the Senate. At the last minute, Kefauver proposed a whole new approach --
compulsory licensing of drugs priced at more than five times production
cost.
Whereupon Kennedy, according to Harris, sent a message to the Democratic
leader of the Senate, Mike Mansfield, to "table the motion," i.e., kill the
idea.
There was a good deal of speculation why the Kennedy forces did what they
did. Most observers felt they wanted a drug bill, not a firestorm. Other
factors might include the fact that Kennedy was not fond of Kefauver, a
lone
wolf populist who'd beat him out for the 1956 VP candidacy. And, Kennedy
coveted Kefauver's reputation as a consumer advocate.
In any case, compulsory drug licensing was never near adoption in the US.
This
takes nothing from Kefauver. Without him, the 1962 drug amendments might
never have been made law.
James B. Russo
Executive Director
The Partnership for Quality Medical Donations
146 Koenig Road
Bernville, PA 19506
USA
610 488 8303
610 488 7036 (fax)
JBRusso@aol.com
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