Fair Drug Prices and the Patent System
Resnick, David B.
Health Care Analysis: An International Journal of Health Care Philosophy and Policy 2004 June; 12(2): 91-115
This paper uses John Rawls' theory of justice to defend the patent system against charges that it has an unfair effect on access to medications,from the perspective of national and international justice. The paper argues that the patent system is fair in a national context because it respects intellectual property rights and it benefits the least advantaged members of society by providing incentives for inventors, investors, and entrepreneurs. The paper also argues that the patent system is fair in an international context, provided that developed nations take steps to help disease-stricken countries secure internal justice. Fairness in a national or international context also requires that the patent system should include emergency exceptions to deal with short-term inequities.
Disease; Incentives; Intellectual Property; Justice; Property Rights; Property; Rights; Philosophical Ethics; Social Control of Science and Technology; Drugs and Drug Industry; International and Political Dimensions of Biology and Medicine; Economics of Health Care; Acquired Immunodeficiency Syndrome or HIV Infection;
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