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The Future of the Pharmaceutical Industry: Beyond Government-Granted Monopolies

Published online by Cambridge University Press:  21 April 2021

Dean Baker
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Abstract

Just as tariffs lead to economic distortions and provide incentives for corruption, so do patent monopolies on prescription drugs, except the impact is often an order of magnitude larger.

Keywords

PatentsClinical TrialsOpen-SourceDrug PricesDrug Development
Type
Symposium Articles
Information
Journal of Law, Medicine & Ethics , Volume 49 , Issue 1: Public Sector and Non-Profit Contributions to Drug Development: Historical Scope, Opportunities, and Challenges , Spring 2021 , pp. 25 - 29
Copyright
© 2021 The Author(s)

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References

Tankersley, J., “Steel Giants with Ties to Trump Officials Block Tariff Relief to Hundreds of Firms”, New York Times, August 5, 2018, available at <https://www.nytimes.com/2018/08/05/us/politics/nucor-us-steel-tariff-exemptions.html> (last visited December 21, 2020); J. Tankersley, “A Winter-Coat Heavyweight Gives Trump’s Trade War the Cold Shoulder, New York Times, November 23, 2018, available at <https://www.nytimes.com/2018/11/23/business/economy/columbia-sportswear-trump-trade-war.html> (last visited December 21, 2020).+(last+visited+December+21,+2020);+J.+Tankersley,+“A+Winter-Coat+Heavyweight+Gives+Trump’s+Trade+War+the+Cold+Shoulder,+New+York+Times,+November+23,+2018,+available+at++(last+visited+December+21,+2020).>Google Scholar
Collins, S., “1000-Fold Mark-up for Drug Prices in High Income Countries Blocks Access to HIV, HCV, and Cancer Drugs”, The Body Pro, October 24, 2016, available at <https://www.thebodypro.com/article/1000-fold-mark-up-for-drug-prices-in-high-income-c> (last visited December 21, 2020).+(last+visited+December+21,+2020).>Google Scholar
Wouters, O., “Lobbying Expenditures and Campaign Contributions by the Pharmaceutical and Health Product Industry in the United States, 1999-2018”, Journal of the American Medical Association, Internal Medicine 180, no. 5 (2020): 1–10, available at <https://pubmed.ncbi.nlm.nih.gov/32125357/> (last visited December 21, 2020).Google ScholarPubMed
Kaiser Health News, “Secret ‘Rebate Trap’ Blocks Patients from Buying Generic Drugs”, Daily Beast, January 18, 2019, available at <https://www.thedailybeast.com/secret-rebate-trap-strategy-blocks-patients-from-buying-generic-drug?ref=scroll> (last visited December 22, 2020).+(last+visited+December+22,+2020).>Google Scholar
Cohen, J., “In U.S. Biosimilars Run Into More Roadblocks”, Fortune, September 12, 2019, available at <https://www.forbes.com/sites/joshuacohen/2019/09/12/in-u-s-biosimi-lars-run-into-more-roadblocks/#1833733a19e9> (last visited December 22, 2020).Google Scholar
Kesselheim, A. S., Avorn, J., and Sarpatwari, A., “The High Cost of Prescription Drugs In the United States: Origins and Prospects for Reform”, Journal of the American Medical Association 316, no. 8 (2016): 858–871, available at <https://pubmed.ncbi.nlm.nih.gov/27552619/> (last visited December 22, 2020).CrossRefGoogle ScholarPubMed
Friedman, R., “Importing Prescription Drugs Remains Risky Business Due to FDA and DEA Regulation”, American Bar Association, Health Law, March 1, 2018, available at <https://www.americanbar.org/groups/health_law/publications/aba_health_esource/2017-2018/march2018/importing/> (last visited December 22, 2020).+(last+visited+December+22,+2020).>Google Scholar
In July, President Trump issued four executive orders which could lower drug prices through a variety of mechanisms, including limited importation from Canada (US Government, Department of Health and Human Services, “Trump Administration Announces Historic Action to Lower Drug Prices for Americans”, US Government, Department of Health and Human Services, 2020, available at <https://www.hhs.gov/about/news/2020/07/24/trump-administration-announces-historic-action-lower-drug-prices-americans.html> (last visited December 22, 2020).+(last+visited+December+22,+2020).>Google Scholar
Collins, supra note 2.Google Scholar
Alberty, E., “To Fight High Drug Prices, Utah Will Pay Public Employees to Go Fill Prescriptions in Mexico”, Salt Lake City Tribune, October 28, 2018, available at <https://www.sltrib.com/news/2018/10/28/fight-high-drug-prices/> (last visited December 22, 2020).+(last+visited+December+22,+2020).>Google Scholar
E-mail correspondence with Chet Loftis, Managing Director of the Utah Public Employees Health Plan, Health and Benefits, available from the author on request.Google Scholar
For a discussion of what such an alternative might look like, see D. Baker, Rigged: How Globalization and the Rules of the Modern Economy Were Structured to Make the Rich Richer, (Washington, DC: Center for Economic and Policy Research, 2016), available at <https://deanbaker.net/images/stories/documents/Rigged.pdf> (last visited December 22, 2020), chapter 5; D. Baker, A. Jayadev, and J. Stiglitz, Innovation, Intellectual Property, and Development: A Better Set of Approaches for the 21st Century (Washington, DC: Center for Economic and Policy Research, 2017).+(last+visited+December+22,+2020),+chapter+5;+D.+Baker,+A.+Jayadev,+and+J.+Stiglitz,+Innovation,+Intellectual+Property,+and+Development:+A+Better+Set+of+Approaches+for+the+21st+Century+(Washington,+DC:+Center+for+Economic+and+Policy+Research,+2017).>Google Scholar
Yale Open Data Access Project, Center for Outcomes and Research Evaluation, Yale University, available at <https://yoda.yale.edu/> (last visited December 22, 2020).+(last+visited+December+22,+2020).>Google Scholar
Drugs for Neglected Diseases Initiative, “Best Science for the Most Neglected”, Drugs for Neglected Diseases Initiative, 2020, available at <https://dndi.org/> (last visited December 22, 2020).+(last+visited+December+22,+2020).>Google Scholar
Dimasi, J., Grabowksi, H., and Hansen, R., “Innovation in the Pharmaceutical Industry: New Estimates of R&D Costs”, Journal of Health Economics 47 (2016): 20–35, available at <https://www.ncbi.nlm.nih.gov/pubmed/26928437> (last visited December 22, 2020).CrossRefGoogle ScholarPubMed
It is common for philanthropies to partner with drug companies to support drugs for specific diseases, but the intention is generally to help their work in developing a drug on which the drug company will hold patents and sell at patent protected prices. It would be a qualitatively different model to pay for research with the requirement that all results and patents would be in the public domain.Google Scholar