Ciprofloxacin and Compulsory Licensing of Pharmaceutical Patents

Ciprofloxacin and Compulsory Licensing of Pharmaceutical Patents

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Ciprofloxacin and Compulsory Licensing of Pharmaceutical Patents

dc.contributor.advisor	Hutt, Peter Barton	en_US
dc.contributor.author	Keller, Lauren	en_US
dc.date.accessioned	2012-06-07T20:12:51Z
dc.date.issued	2002	en_US
dc.identifier.citation	Ciprofloxacin and Compulsory Licensing of Pharmaceutical Patents (2002 Third Year Paper)	en
dc.identifier.uri	http://nrs.harvard.edu/urn-3:HUL.InstRepos:8852122
dc.description.abstract	The recent threat of biological terrorism involving the Anthrax virus incited a debate about whether the United States government should use its powers under 28 USC Â§1498 to take a compulsory license on the drug ciprofloxacin in order to stockpile it. Negotiating a deal with Bayer allowed the United States to stockpile ciprofloxacin at a substantial discount while avoiding the negative consequences of issuing a compulsory license. Under 35 U.S.C. 1498, the United States government has the authority to issue a compulsory license; however, the government may not have the authority under the TRIPs agreement. In fact, under the interpretation of the TRIPs agreement that the United States has adopted in previous situations when other countries wanted to issue compulsory licenses on pharmaceuticals, the United States most likely would have violated TRIPs if it had issued a compulsory license for ciprofloxacin. Furthermore, the policy decision to have strong patent protection and to not have price controls on pharmaceuticals in the United States has led to the development of a very strong pharmaceutical industry that leads the world in the development of innovative drugs.	en
dc.language.iso	en_US	en
dash.license	LAA	en_US
dc.subject	Food and Drug Law	en
dc.subject	anthrax	en
dc.subject	vaccinations	en
dc.subject	bioterrorism	en
dc.subject	policy	en
dc.title	Ciprofloxacin and Compulsory Licensing of Pharmaceutical Patents	en
dc.type	Paper (for course/seminar/workshop)	en_US
dc.date.available	2012-06-07T20:12:51Z