SPAM: -------------------- Start SpamAssassin results ---------------------- SPAM: This mail is probably spam. The original message has been altered SPAM: so you can recognise or block similar unwanted mail in future. SPAM: See http://spamassassin.org/tag/ for more details. SPAM: SPAM: Content analysis details: (5.9 hits, 5 required) SPAM: Hit! (2.7 points) Subject contains lots of white space SPAM: Hit! (0.2 points) BODY: Contains at least 3 dollar signs in a row SPAM: Hit! (1.0 point) Received via an IP in dynablock.njabl.org SPAM: [RBL check: found 72.1.88.138.dynablock.njabl.org.] SPAM: Hit! (0.4 points) Received via a relay in dnsbl.njabl.org SPAM: [RBL check: found 72.1.88.138.dnsbl.njabl.org.] SPAM: Hit! (0.6 points) DNSBL: sender ip address in in a dialup block SPAM: Hit! (1.0 point) DNSBL: Received via an IP in dynablock.njabl.org SPAM: SPAM: -------------------- End of SpamAssassin results --------------------- -------- Original Message -------- Subject: Re: [Politech] Conservative group says Internet drug reimportation = higher $$$ Date: Tue, 21 Sep 2004 12:20:29 -0500 From: Thomas A Giovanetti <tomg@private> To: Declan McCullagh <declan@private> Declan, If you're interested: We are very sympathetic with free-trade/no gov't intervention arguments, and we rarely disagree with friends like the Cato Institute. We're also not unsympathetic of the presumed benefits to consumers of prescription drugs should large-scale reimportation become legal. However, in the case of prescription drugs (and perhaps other intellectual property products), things are different. Let me try to explain why. The assumption behind the free-trade proponents of reimportation is that drug companies are in a strong negotiating position with national governments. You stated as much in your comments ("reimportation will eventually make drug companies (on the margin) seek to avoid selling in the Canadian market unless they can raise prices to something closer to the U.S. market"). The problem is, drug companes are NOT in a strong negotiating position, for two reasons: 1) humanitarian impulses and pressures would not allow a drug company to refuse to sell to country X unless they get the price they want; but even more significant is 2) compulsory licensing. If a country doesn't like the price it is getting from a drug company, the country can legally threaten to compulsory license the drug, which means they can legally take the patent away and begin manufacturing the drug themselves. Compulsory licensing is a powerful tool in the hands of a country that would very much like to jumpstart its domestic pharmaceutical industry by taking a patent away from its owner, licensing one or more of its own manufacturers to begin stamping out those pills, and then exporting them BACK INTO THE LUCRATIVE US MARKET. So what you have is a bunch of countries who would like nothing more than to have an excuse to file for compulsory licensing in order to hand over valuable patents to their domestic manufacturers. This gives countries every advantage in negotiations with drug companies, and leaves the drug companies basically bent over the table everywhere except in the U.S., where there remains something vaguely resembling a true market in prescription drugs. So the int'l prescription drug market is like a balloon that is being squeezed from every direction except one, so it bulges in the direction of the U.S. But if you start squeezing the balloon from that direction as well, the balloon pops. The U.S. is the pressure relief valve, and if you plug IT up, things blow up. Drug companies would then NOWHERE be able to recoup the profits they need to continue the current level of R&D investment, and the net result will be fewer new drugs available to anyone, including those who need them most in developing nations. That's why allowing large-scale reimportation of prescription drugs into the U.S. is bad economic policy, to say nothing of increased threats to health and welfare, which I have not addressed in this email. _____ Tom Giovanetti President Institute for Policy Innovation (IPI) http://www.ipi.org tomg@private The information contained in this communication may be confidential, is intended only for the use of the recipient named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender and delete the original message and any copy of it from your computer system. _______________________________________________ Politech mailing list Archived at http://www.politechbot.com/ Moderated by Declan McCullagh (http://www.mccullagh.org/)
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