E-drug: Re: US compusory licensing proposal for medicines (contd)
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A fact that has not been mentioned in the discussion of compulsory
licensing is the concern manufacturers have with the risk that the product
made under the compulsory license will be imported (legally or illegally)
back into a wealthy market and compete with the innovative company's
product. The financial implications for this are substantial for the
company and should be addressed in any comprehensive consideration of
compulsory licensing.
Marcus M. Reidenberg, MD
Professor of Pharmacology and Medicine
Head, Division of Clinical Pharmacology
Weill Medical College of Cornell University
Editor, Clinical Pharmacology and Therapeutics
1300 York Ave., Box 70
New York, NY 10021
e-mail mmreid@med.cornell.edu ("mail" in the former address should be
deleted.)
phone (212) 746-6227
fax (212) 746-8835
[Note from the moderator: I feel this fear is exaggerated. The wealthy
markets have proper registration, monitoring and inspection systems that
would identify any illegal products or any unauthorised sale of
prescription only products without prescription. The packaging would also
look different and would easily distinguish such products from products
with market authorisation. Another point is that if this was as easy as the
multinationals want us to believe, why has it not been a problem up until
now? There are already price differences between countries that could
potentially encourage such practice. And when the multinationals to such an
extent manage to convince doctors that parallel imports within Europe,
which is the manufacturers own innovative brand being imported from another
country, and approved generics are substandard products, would they not
manage to handle this artificial problem if it should occur? KM]
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