[Ip-health] Legal Analysis of Patent Breaking/Compulsory Licensing in the Face of Public Health Crisis

[Chris Nidel]

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Hello all,

I don't participate much in the discussion on this list, but I saw
this topic come up with respect to the Thai decision on patents.  I
am a lawyer with some background in IP, although minimal, and also
worked for a major pharmaceutical company.  I have been trying to
advocate for those countries dealing with the most critical problems
from HIV and AIDS based on US laws based on property rights and the
greater public health.  I know that several on this list will be
discussing the Thai issue formally and informally in the near future
so I wanted to send a copy of my analysis as presented in the Journal
of Food and Drug Law.  This is a few years old, but certainly
relevant and I think points to the hypocrisy of US and foreign
companies arguing for strict and unyielding patent protections based
on the protections provided under US laws.  I hate to see the greater
argument lost, and I feel that one aspect of the analysis can be
found in the attached paper.

Hopefully I can make the meeting at the Capitol...


Take care,

Chris



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[ Public Health Hypocrisy and BSP.pdf of type application/pdf deleted ]