Pharmaceuticals are arguably one of the most contentious of all goods and services traded in the market. While medicines are as much a necessity as foods and water, they require more technical expertise and official approbation in the manufacture. Above all, they carry a moral weight that most market products do not (The Economist, 2014). This idea of moral can be linked to the recurring debate over whether a good health (which is represented by medicines, in this case) should be considered a basic human right, or just a normal commodity. A large portion of such controversy actually lies in an existence of drug patents: should we promote for longer-lasting patents or should we have their duration shortened? Why do we need a patent on almost …show more content…
everything devised? The answer is fairly straightforward; patents exist to protect the rights of an inventor for his idea and to provide a return on his research and development investment. In the pharmaceutical industry, medicines are produced by private companies. A huge amount of profit to be gained from owning a drug patent had been a great incentive for these companies to put more effort into developing new medicines, which in turn encourage innovation and medical breakthroughs. Josh Bloom, a director of chemical and pharmaceutical sciences at The American Council on Science and Health, underlined the importance of the drug patents and proposed that an extension of patent lifetime is necessary. “Without extended patent protection for new discoveries, the industry won't be able to fund the current level of research”, said Bloom (The Wall Street Journal, 2012). Although the incentive-building perspective seems to be a rational interpretation of how a drug patent would benefit the whole society, critics and its opponents had questioned that assumption. Els Torreele, the director of the Open Society Public Health Program's Access to Essential Medicines Initiative, raised a scientific reviews proving that only a handful of new drug released between 1996 and 2006 had really exhibited therapeutic gain (The Wall Street Journal, 2012). Rather than endeavoring to come up with new innovative model and new patents, the drug companies will instead indulge in securing and exploiting their current patented model to make profits, she pointed out. According to Médecins Sans Frontières (MSF), an international medical humanitarian organization, the industry spending on marketing is twice as much as their investment in research and development (Siddiqi, 2005). The second argument against the drug patents is that they allow some few giant pharmaceutical firms to monopolize the market of a certain medicine.
This privilege had dramatically driven up the price of medication, making medicines unaffordable to the poor. This problem—also known as health inequality—is now listed as one of the major issues in developing countries. There are many documented cases showing that poor people are losing out as a result of drug companies focusing on the most marketable medicines rather than the most urgently needed. For instance, let us consider the story of the drug eflornithine, which was originally developed in 1980s to treat cancer. The drug turned out to be ineffective as an anticancer agent, but it was found to be effective against sleeping sickness, a disease that accounts for thousands of deaths per year in Africa. However, Hoechst Marion Roussel (now Aventis), the company that developed it, ceased its manufacture in 1999, citing marketing failure (MacDonald, …show more content…
2001). I admit that without a proper patent system, the pharmaceutical industry would have fallen into turmoil or stagnation, but with it not functioning in the way we expected it to, the outcome might not be a desirable one.
As long as it still causes a huge gap of disparity, I cannot say that I am in favor of the system. Patents exist to reward creative inventors by granting them an exclusive right to make use of their own ideas, on the basis that doing so will give a strong impetus for innovation. Our goal should be to find the point where the cost and benefit are in balance, which can be considered as the so-called social
optimality.
(7) Hall B. Patents and Patent Policy -. 2007. The 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the Morse H. SETTLEMENT OF INTELLECTUAL PROPERTY DISPUTES IN THE PHARMACEUTICAL AND MEDICAL DEVICE INDUSTRIES: ANTITRUST RULES. Allison JR, Lemley MA, Moore KA, Trunkey RD. Valuable patents. Geol.
In Melody Peterson’s “Our Daily Meds” , the history of marketing and advertising in the pharmaceutical industry is explored. The first chapter of the book, entitled “Creating disease”, focuses on how major pharmaceutical companies successfully create new ailments that members of the public believe exist. According to Peterson, the success that these drug manufacturers have experienced can be attributed to the malleability of disease, the use of influencial people to promote new drugs, the marketing behind pills, and the use of media outlets.
The pharmaceutical and biotech industries must be free to develop and research life saving medicines and other advancements that will benefit society. If this cannot be done, progress would never be made. People would still be contracting polio a...
It is the profits rather than the need of the world that drives the market, as Cahill points out. She laments that while in the 1960-1970 's theologic bioethicists influenced the field of bioethics, nowadays the ethical discourse involving Christian narrative gets" thinner and thinner," shifting away toward more secular and liberal views. As theologians are welcomed to partake in the ethical debates, their voices and opinions are rarely considered in policy making. Such situation causes the current trend amongst health care institutions,medical-surgical companies, and research labs, to focus on financial gain rather than ways to deliver health care to those who needed it the most. It is the consumers with the most "buying power" that have at their disposal the latest medical treatment, equipment, technologies, and medications while millions around the world lack the most basics of needs, such as clean water, food, shelter, education as well as the basic health care. Cahill fears that medical companies seeking profits will neglect or stop altogether to produce medications that are bringing low profits. Medications that are necessary to treat prevalent in the third- world countries or if you prefer the developing countries diseases, such as Dysentery, Cholera, Malaria, Rabies, Typhoid Fever, Yellow Fever, even warms, to name a
“The only real nation is humanity” (Farmer 123). This quote represents a huge message that is received in, Tracy Kidder’s, Mountains Beyond Mountains. This book argues that universal healthcare is a right and not a privilege. Kidder’s book also shows the audience that every individual, no matter what the circumstances, is entitled to receive quality health care. In the book Kidder represents, Paul Farmer, a man who spends his entire life determined to improve the health care of impoverished areas around the world, namely Haiti, one of the poorest nations in the world. By doing this the audience learns of the horrible circumstances, and the lack of quality health care that nations like Haiti live with everyday, why every person has the right to healthcare no matter what, and how cost effectiveness should not determine whether or not these people get to live or die. Two texts that also argue this idea are Monte Leach’s “Ensuring Health Care as a Global Human Right,” and Darshak Sanghavi’s “Is it Cost Effective to Treat the World’s Poor.” Leach’s article is an interview with Benjamin Crème that illustrates why food, shelter, education, and healthcare are human rights that have to be available to everyone. He shares many of the same views on health care as Farmer, and the two also share similar solutions to this ongoing problem. Leach also talks about the rapidly growing aids epidemic, and how it must be stopped. Like farmer, he also argues that it is easier to prevent these diseases then to cure them. Furthermore, Sanghavi’s article represents many of the questions that people would ask about cost effectiveness. Yet similar to Farmer’s views, Sanghavi argues that letting the poor d...
EMTALA stands for the Emergency Medical Treatment and Active Labor Act. Congress passed the legislation in 1986, making it a federal law. EMTALA states that anyone showing up into the Emergency Department of a Medicare payment receiving hospital, seeking medical attention, must be seen regardless of the individual’s ability to pay. Although, the law is directed towards Medicare accepting hospitals it addresses any and all people wanting medical attention. Relatively all hospitals in the United States participate in and receive monies from Medicare. That is relatively all hospitals in the U.S. are governed by the EMTALA legislation. The wording of “anyone” coming into an Emergency Department is EMTALA’s attempt to cover every person in the U.S. experiencing a medical crisis.
Doctors work under intense pressure, and if a pill could fix a patient’s problems than many saw nothing wrong with that. What exacerbated the problem was that many hospitals also changed their modus operandi with regards to treatment. In some hospitals, “doctors were told they could be sued if they did not treat pain aggressively, which meant with opiates (95). However once the patient became addicted and could no longer get their prescription legally refilled, the drug dealers saw their chance. What is surprising is the fact that pharmaceutical companies acted in the same manner as drug dealers. Both sides did not care about the end user, and the problems they would have to deal with after using what was given to them. Their motive was purely to profit as much as possible, and they did not care about who would get hurt as a result of their
In Melody Peterson’s “Our Daily Meds” , the history of marketing and advertising in the pharmaceutical industry is explored. The first chapter of the book, entitled “Creating disease”, focuses on how major pharmaceutical companies successfully create new ailments that members of the public believe exist. According to Peterson, the success that these drug manufacturers have experienced can be attributed to the malleability of disease, the use of influencial people to promote new drugs and the efficient usage of media outlets.
AIDS is slowly becoming the number one killer across the globe. Throughout numerous small countries, AIDS has destroyed lives, taken away mothers, and has left hopeless children as orphans. The problem remains that funding for the diseases’ medical research is limited to none. In the country Brazil, HIV/AIDS has been compared to the bubonic plague, one of the oldest yet, most deadly diseases to spread rapidly across Europe (Fiedler 524). Due to this issue, Brazil’s government has promised that everyone who has been diagnosed with either HIV or AIDS will receive free treatment; however, this treatment does not include help in purchasing HIV medications, that “carry astronomical price tags” (Fiedler 525). Generic drug companies have been able to produce effective HIV medications that are not as costly if compared to the prices given by the huge pharmaceutical companies. In contrast, the U.S. government has now intervened with these generic companies hindering them from making HIV medications, which may not be as efficient if made by the pharmaceutical companies. Not only are these drug companies losing thousands of dollars against generic drug companies, but also tremendous profit that is demanded for marketing these expensive drugs as well. “How many people must die without treatment until the companies are willing to lower their prices, or to surrender their patients so generic makers can enter market? (Fiedler 525).” With this question in mind, what ways can we eliminate the HIV/AIDS epidemic across the world? With research, education, testing, and funding we can prevent the spread of HIV to others and hopefully find a cure.
In the business of drug production over the years, there have been astronomical gains in the technology of pharmaceutical drugs. More and more drugs are being made for diseases and viruses each day, and there are many more drugs still undergoing research and testing. These "miracle" drugs are expensive, however, and many Americans cannot afford these prices.
From 1970 to 1998, the inflation-adjusted revenue of major pharmaceutical companies more than quadrupled to $81 billion, 24 percent of that from drugs affecting the central nervous system and sense organs. Sales of herbal medicines now exceed $4 billion a year. Meanwhile the war on Other drugs escalated dramatically. Since 1970 the federal antidrug budget has risen 3,700 percent and now exceeds $17 billion. More than one and half million people are arrested on drug charges each year, and 400,000 are now in prison. These numbers are just a window into an obvious truth: We take more drugs and reward those who supply them. We punish more people for taking drugs and especially punish those who supply them. On the surface, there is no conflict...The drug wars and the drug boom are interrelated, of the same body. The hostility and veneration, the punishment and profits, these come from the same beliefs and the same mistakes.
Although monopolies appear damaging at times, there are arguments that they are an advantage to society. Monopolies in the pharmaceutical industry drive companies to pursue research and development (R&D) efforts to gain new patents. According to a 1992 study, among the 24 US. Industry groups, pharmaceuticals dedicated 16.6% of their amounts to basic research, while all other industries averaged at 5.3% (Sherer 1307). This fact validates the incentive pharmaceutical companies have to get a patent and acquire more power. Pfizer encourages R&D because of the incentives and a want to obtain patents to receive more profit. Pfizer has to promote itself to be successful, creating a good brand image that consumers will trust. If the company can advertise successfully, more consumers will purc...
The system that is in motion at present between the big pharmaceutical companies, the generics industry and the WHO seems to be working efficiently. Some may complain that the pharmaceutical companies are creating too big a monopoly and are greedy, but without them discovery of new medicines wouldn’t happen. Patents have thus far ensured that inventors and researchers reap economic rewards for their work, and new treatments and new medicines are made available on a regular basis. Essentially, without patents there would be no innovation and discovery of new medicines. And without that, we would be no better off than we are now.