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The Information Revolution Reaches Pharmaceuticals: Balancing Innovation Incentives, Cost, and Access in the Post-Genomics Era

Arti K. Rai
Duke University School of Law



University of Illinois Law Review, March 2001

Abstract:     
In the context of prescription drugs, the inevitable tension between stimulating innovation and preserving access creates serious equity concerns that are simply not present in other contexts. This paper identifies some promising mechanisms for relieving this tension. One such mechanism, often ignored by intellectual property scholars, is the simple, and emphatically low-technology, remedy of insurance. Because of the manner in which the health care industry is structured, providing access to insurance is a low-cost mechanism for reducing deadweight loss. At the other end of technology spectrum, there is the growing science of genomics. Although genomics should increase the importance of prescription drugs in health care, and thus might threaten to exacerbate equity concerns, it may also provide ways to produce these drugs more efficiently than before. To the extent that the biotechnology and pharmaceutical industries can internalize fully the efficiency benefits of digital technology, reforms that align the structure of intellectual property protection for pharmaceuticals more closely with that of other innovation might be considered. Equally important will be regulation that imposes cost-effectiveness requirements on pharmaceutical innovation. If innovations in genomics can be channeled in a cost-effective direction, we may yet see a time where Moore's law provides not simply faster and cheaper computers but also a more equitable health care system.

Keywords: cost-effectiveness, genomics, patents, pharmaceuticals

JEL Classifications: D4, I1, K3

Accepted Paper Series

Date posted: February 14, 2001 ; Last revised: September 20, 2004

Suggested Citation

Rai, Arti K., The Information Revolution Reaches Pharmaceuticals: Balancing Innovation Incentives, Cost, and Access in the Post-Genomics Era. University of Illinois Law Review, March 2001. Available at SSRN: http://ssrn.com/abstract=254788 or doi:10.2139/ssrn.254788


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Arti Kaur Rai (Contact Author)
Duke University School of Law ( email )
Box 90360
Durham, NC 27708
United States
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