COMPANION TO BIOETHICS (SECOND EDITION), pp. 417-429, Helga Kuhse and Peter Singer, eds., Wiley Intescience, Blackwell Companions to Philosophy, January 2010
30 Pages Posted: 6 Mar 2010
Date Written: January 15, 2010
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.
Keywords: Patent, Intellectual Property, Duty of Rescue, Pharmaceutical, Drug, Access to Medicine
JEL Classification: K00, K11, K33, K39
Suggested Citation: 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: https://ssrn.com/abstract=1565536