By SN
Wednesday November 11, 2009
Tech Dirt – Nov. 10, 2009:
In other parts of the world, it’s become acceptable for governments to simply ignore drug patents in order to produce more of necessary drugs in times of health scares. However, the US has mostly 
shied away from doing that, as the myth of patents as some great encouragement for innovation remains deeply rooted (and, oh yeah, pharmas are big campaign funders). However, with growing concern over the lack of supply for swine flu vaccines, there is some talk over whether or not the US will consider importing generic Tamiflu, even though the drug is still under patent in the US. There are approved generics, which are chemically identical, that are made elsewhere, such as India. However, importing it into the US, while it could save lives, is bound to be massively controversial. However, again, if we’re going to have a moral discussion about intellectual property, can someone please explain the moral argument for not being able to use generic drugs in this instance?
Of course someone will point out that the current flu scare is overblown and not many people are actually dying. Hence the purpose of my title: How many deaths are enough before we finally do something?
I’m going to trying something different with the comments.
In order to comment you have to give me a number. If you think the protection of patents outweighs human life, then put something like “everyone would have to die before we fix our patent system.” If you think life is more important, then put zero. Of course any number in between is welcome.
#7, Not really.
If a drug has a 95% success rate and the bug kills 50% of the people who catch it and every person in the country had the bug, the drug would not save
320,000,000 x 0.5 * 0.05 = 8,000,000 people.
If more than that were to die, I can see a reason to “fix” the laws.
BUT, now you have to determine how effective the drug is, how deadly the disease is, and how many people will catch it.
Otherwise, you are guessing. Which is what those in power are doing in the first place.
Zero… which is more important: human life or money?
#21–LOSER==your iron clad logic is on display again: “If a drug has a 95% success rate and the bug kills 50% of the people who catch it and every person in the country had the bug, the drug would not save – - -” Is the success rate 95% or 50%???? I assume you left out some other conditions but following the math you lay out what you really mean to say is “the bug” will infect ((not kill)) 50% of people and 5% of them will die. But then you go on to say the effectiveness of the drug must be determined.
You certainly DON’T MAKE ANY SENSE AT ALL!!!!!!! and you continue to miss the point about who gets sick in the different scenarios.
Logic certainly is not your friend, or maybe its just your ability to express what you “know” or maybe your dog was throwing up on your favorite silk shirt???
32,413
If that seems a stupid answer, re-examine your question.
Why do people get mad at others when they don’t just bow down and agree everyone else is correct and they are wrong? This meme of attacking others opinions, rather than listening/reading and then thinking about what was said is too old to still be the status quo….especially when they try to punctuate the remarks with ‘!!!!!!’.
Damn, are you people still in grade school? If not, then why do the people in America seem to behave as such?
No one knows how many will HAVE to die. Just that nothing currently is getting done, and people are dropping dead daily.
Instead of posting your diatribe on a board, why don’t you contact your representatives in the state/federal agencies, and throw them your Exclamations? It will have the same effect……none.
Money is what drives America. Hell, the world for the most part. Once you understand that, you find you don’t have to make up reasons. It is the only one that everything boils down to.
Simple.
#20, in that case, the government should just pay more money.
All of them. Status Quomentum is strong!
The problem in this case is not the U.S. patent system (though that certainly does have its share of problems). The problem is the lack of initiative on the part of the executive branch and the lack of political will in Congress to temporarily bypass intellectual property law in times of crisis.
Is it worth it to expend that much political capital in the case of Tamiflu? Just how efficacious is it against H1N1 or even the current seasonal flu? Is the stuff in short supply in the U.S.? Could the company import more of the brand-name drug, or is it in short supply all over? What’s the supply situation with the generic?
My number is zero, but realistically, the number required to get bureaucrats or legislators to actually do something moderately big like this is in the tens or hundreds of thousands…..
Why would the government need to bypass the intellectual property law? Why couldn’t they just buy the vaccine if it is an emergency?