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Goren, David --- "Pharmaceutical Innovation and Intellectual Property Rights: A Global Public Good?" [2006] ELECD 329; in Pugatch, Perez Meir (ed), "The Intellectual Property Debate" (Edward Elgar Publishing, 2006)

Book Title: The Intellectual Property Debate

Editor(s): Pugatch, Perez Meir

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845420383

Section: Chapter 9

Section Title: Pharmaceutical Innovation and Intellectual Property Rights: A Global Public Good?

Author(s): Goren, David

Number of pages: 11

Extract:

9. Pharmaceutical innovation and
intellectual property rights: a global
public good?
David Goren

INTRODUCTION

In the course of this chapter I will address the question of how a new
balance must be achieved between rewarding innovative pharmaceutical
research, while meeting the needs of a growing public demand for innov-
ative health care solutions at lower prices. The pharmaceutical industry is
in a transition phase.
An unusual social contract has prevailed over the past decades between
innovative pharmaceutical research companies and the societies they serve.
This balance permitted high risk to be highly rewarded. However, this
covenant is breaking down ­ as equilibrium moves to instability.
It is with this environmental shift in mind that I propose a fresh exam-
ination of the needs of the parties (that is, those doing research, and those
benefiting from it) in order to achieve a new balance between what research
companies do and what is expected of them.
In order to understand possible alternatives to the current IP structure, it
is necessary to define the components of IP, and identify those that are failing,
or at least leading to failure. Once the problem areas are defined, I will shift to
describing (or explaining) the rewards and difficulties we find in society, which
at least in part, derive from the problem areas defined. This will be followed
by an analysis and discussion of solutions and their global implications.


BENEFITS AND PROBLEMS ARISING IN PHARMA-
CEUTICAL INTELLECTUAL PROPERTY RIGHTS

The most significant dilemma facing the world today ...