Abstract

http://ssrn.com/abstract=1565536
 
 

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Global Pharmaceutical Markets


Kevin Outterson


Boston University School of Law

Donald W. Light


Rowan University, School of Osteopathic Medicine; Harvard University - Edmond J. Safra Center for Ethics

January 15, 2010

COMPANION TO BIOETHICS (SECOND EDITION), pp. 417-429, Helga Kuhse and Peter Singer, eds., Wiley Intescience, Blackwell Companions to Philosophy, January 2010
Boston Univ. School of Law Working Paper No. 10-05

Abstract:     
The high price of patented drugs lies at the heart of a major global public health crisis: the global poor are often denied access to lifesaving drugs due to high cost. Do global drug companies owe ethical or legal duties to make their drug patents available for the world’s low- and medium-income populations? We suggest that they do, through an exploration of the exceptions surrounding the “duty of rescue” - more precisely, the doctrine in US tort law that does not impose a duty to rescue absent special circumstances such as having contributed to the risk and enjoying special relationships to the endangered person. We find that these special circumstances are surprisingly applicable to global pharmaceutical markets, with both legal and ethical implications for global intellectual property law.

Number of Pages in PDF File: 30

Keywords: Patent, Intellectual Property, Duty of Rescue, Pharmaceutical, Drug, Access to Medicine

JEL Classification: K00, K11, K33, K39

Accepted Paper Series


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Date posted: March 6, 2010  

Suggested Citation

Outterson, Kevin and Light, Donald W., Global Pharmaceutical Markets (January 15, 2010). COMPANION TO BIOETHICS (SECOND EDITION), pp. 417-429, Helga Kuhse and Peter Singer, eds., Wiley Intescience, Blackwell Companions to Philosophy, January 2010; Boston Univ. School of Law Working Paper No. 10-05. Available at SSRN: http://ssrn.com/abstract=1565536

Contact Information

Kevin Outterson (Contact Author)
Boston University School of Law ( email )
765 Commonwealth Avenue
Boston, MA 02215
United States
Donald W. Light
Rowan University, School of Osteopathic Medicine ( email )
2250 Chapel Avenue
Cherry Hill, NJ 08002
United States
Harvard University - Edmond J. Safra Center for Ethics ( email )
124 Mount Auburn Street
Suite 520N
Cambridge, MA 02138
United States

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