One obstacle to the widespread rollout of compulsory licensure or greatly expanded access to essential pharmaceuticals is the fear that drugs intended for the poor will be diverted into high income markets, undermining pharmaceutical profits and ultimately, pharmaceutical R&D. In fact, this form...

While neoclassical economic theory suggests that arbitrage will undermine global differential pricing of pharmaceuticals, the empirical results are more complex. Pharmaceutical regulation, IP laws, global trade agreements, and company policies support differential pricing despite the pressure of...

This draft introduction frames the main problem that the book tackles: the problem in US discourse of the de-normalization of the right to health and the functional consequence of that de-normalization in disadvantaging health interests when they conflict with competing values. The chapter sets...

On April 19, 2005, the US Senate HELP Committee held long-delayed hearings on importing cheaper foreign drugs (the Dorgan-Snowe bill, S.334). At the Hearing, Dean Arnold of Emory University School of Law challenged the Dorgan-Snowe bill as unconstitutional and contrary to international law. This...

The US government has embarked on a trade strategy to address alleged free riding by raising patented prescription drug prices abroad. This strategy is unwise and dangerous. It is likely to 'succeed' in low and middle income countries, desperate to sign a bilateral trade agreement with the US....

In his recent article in the Texas Law Review, Ben Roin advances the claim that pharmaceutical innovation and the public’s health are harmed by the doctrines of non-obviousness and novelty. He does not mince words, labeling the nonobvious requirement as “perversity” with a “pernicious”...

The implementation of patent law in the emerging market countries is having an impact on the international patent system. First, it is apparent that the principal emerging market economies are not strictly adhering to the patent regimen of the USA, Europe and Japan, but are instead adapting...

Very few industries are as profoundly influenced by regulation as the pharmaceutical industry. All aspects of the life-cycle of new drugs are regulated, from patent application, to marketing approval, commercial exploitation, patent expiration and competition with generics. The nature of demand...

Vaccines play a crucial role in improving global public health, with the ability to stem the spread of infectious diseases and the potential to eradicate them completely. Compared with pharmaceuticals that treat disease, however, preventative vaccines for infectious diseases have received far...