[Ip-health] USTR Nat. Trade Barriers Report on Thai compulsory licenses

[mko]

I'm sure I've been misunderstood here.

My point is simply that CL, while entirely legal under TRIPS, is politically
difficult given the sustained attack by USTR and big phrma.  Modifying the
royalty structure might take away one argument in their quiver:  "CL will
destroy innovation!"

I'd describe it as disarming your opponents by being reasonable.

Having said that, being reasonable with phrma doesn't have a great track
record.

Kevin Outterson
Boston University


On 4/2/08 10:45 AM, "michael.davis@law.csuohio.edu"
<michael.davis@law.csuohio.edu> wrote:

> There is no reason for them to do that. It is a classic trap, the kind of
> advice you would give to a prisoner at Guantanamo ("Behave and we won't
> torture you.") It also smacks too much of the unstated "Trust me," which
> is never advice you should take from an adversary.
>
> Mickey Davis
>
>> Why should developing countries reduce their legal flexibility to
>> determine royalty rates by such "self regulation"? Is it a realistic
>> that opposition to CLs in developing countries would reduce?
>>
>> bmt
>>
>> mko wrote:
>>> I agree that middle-income countries should explore higher royalty rates
>>> on
>>> generically-priced drugs sold under a CL.  Doing so wouldn't harm access
>>> much; indeed if the higher royalty reduced opposition from USTR & IFPMA,
>>> then access could be dramatically improved.  I've tried to model these
>>> CL
>>> royalties or patent buy-outs from the opportunity cost in R&D from the
>>> foregone revenues:
>>>
>>> http://papers.ssrn.com/sol3/papers.cfm?abstract_id=873402
>>>
>>> Kevin Outterson
>>> Boston University
>>>
>>>
>>> On 4/1/08 9:54 AM, "B.Baker@neu.edu" <B.Baker@neu.edu> wrote:
>>>
>>>
>>>> I think there are four interest facets of the U.S. statement in the
>>>> Thai
>>>> NTB report (reprinted below).
>>>>
>>>
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>
>
> Mickey Davis
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