The document discusses several issues related to intellectual property rights (IPR) and drug patents. It notes that the recent drug price gouging scandal in the US provides an opportunity for countries like India to push for more flexible drug patent rules at the upcoming G20 summit. While drug companies drive innovation, the current system in countries like the US allows for excessive price increases even on older drugs. The document advocates for approaches that balance the needs of patients and drug companies to encourage continued innovation.

1. Don't Say No to Drugs
G20 should consider a new, more fair intellectual property rights regime
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2. Contd..
Cynics say that G20 meetings are a complete waste of time. The G20
was created for a coordinated fiscal and monetary push out of the
Great Recession of 2008-10. Since then, it seems to have lost its
rationale. Arvind Panagariya, India's Sherpa for the next G20 summit,
seeks new ideas that India can take up at the next G20 summit. I think
the recent drug scandal in the US is an excellent opportunity to launch
a long-term campaign to gradually change the US emphasis on tough
drug patents, and shift towards the softer patents desired by countries
like India. The US aims through its new trans-Pacific and trans-Atlantic
trade deals to make tough patents a fait accompli in all the countries
that dominate the world economy minus the Brics.
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3. Contd..
Drug Lords, Only Legal
The key feature of the new trade pacts is not lower tariffs -these are already
very low -but tighter standards on intellectual property rights (IPR) and the
environment. How can India challenge this? The G20 summit gives India -as
well as Brazil, China and other low-cost drug producers -a chance to highlight
recent US abuses of a tough patent regime.
American drug companies have broad public support -with some exceptions
-for stringent patent rules that allow companies unlimited pricing power for
new drugs.
This is seen as a just reward for life-saving innovations that are ex pensive to
bring to the market, and should be encouraged by a limited monopoly -that's
what a patent is and no price limits.
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4. Contd..
But the US public was absolutely scandalised last week by the cynical price
strategy of Martin Shkreli of Turing Pharmaceuticals. He raised the price of
Daraprim, used for a parasitic infection called toxoplasmo sis, by a whopping
4,000% overnight.
Why? Because he could, he sneered, and needed no further justification.
Shkreli has done no R&D to merit such an increase. His company pur chased
the drug rights after realising there were no competing producers for this
drug: it was off patent and had limited specialised uses. So, it had become a
natural monopoly .
This enabled him to raise prices sky high. Shkreli's unrepentant cynicism
stoked US public indignation, and induced the media to investigate price
gouging further. They uncovered many other examples.
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5. Contd..
URL Pharma got exclusive marketing rights for Colchicine, an ancient home remedy
for gout, and raised the price per tablet from 9 cents to $4.85, an increase of over
5,000%. Another old drug, tetracycline, is off patent. But branded tetracycline is
suddenly selling for $11 a pill, against 5 cents as recently as 2013. Clomipramine, an
antidepressant used in the 1960s, cost just 22 cents per pill in 2012. But today ,
some branded pills cost $8.17, an increase of 3,600%.
The examples are striking because they show companies' power to raise prices
even for off-patent drugs. Clearly , the scope is even higher for patented drugs. The
fact is that free markets do not function in medicines. Patients do not exercise free
choice or show price-resistance to goug ing, as happens in normal products. When
a patient in the US is ill, the doctor prescribes medicines without considering the
cost of cheaper alternatives that are almost as good, and is influenced more by the
marketing ploys -and sometimes even bribes -of drug companies. US companies
typically spend more on marketing than R&D.
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6. Contd..
Big medical bills are mostly paid by US insurance firms, which recoup the rising cost
through higher insurance premia for patients. So, the system eviscerates price
resistance and rewards gouging. The US media are now exposing this in a big way .
A Diseased Model
Indian activists gleefully claim that this vindicates their anti-patents campaign, and
for “putting people before corporations“. Alas, this is seductive but bogus rhetoric.
The world urgently needs new drugs. Many old diseases, including malaria and
tuberculosis, are making a comeback. No effective drugs exist for some tropical
diseases, and corporations do not innovate remedies because these look
unprofitable. Purchasing power in tropical countries is low, and price controls can
be high.
Germs of all sorts are becoming resistant to existing drugs. New drug discovery has
become very slow, and so, diseases are gaining ground. Sim ply abolishing patents,
or weakening IPR norms, will further slow drug de velopment, increasing sickness
and deaths by millions.
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7. Contd..
The need of the hour is to accelerate new drug disco very . Drug companies
can be price gougers. But they are also lifesavers.
So, we definitely need IPR rules that induce innovation, while check ing price
gouging. Price control and compulsory licensing are two such techniques, but
should be used care fully to create a fair patient-corpo ration balance, and
not become a populist way of making drug discov ery unprofitable.
Former British prime minister Gordon Brown suggested diverting foreign aid
to a fund that would pay large lump sums upfront to drug co mpanies for
new drugs to combat tro pical diseases, making such discov ery profitable.
We need constructive new approaches that treat patients and companies as
allies, not foes.
This requires new attitudes from not just the US, but from India and China
too, and will take time. The G20 is suited for long-term tasks.
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