Abstract
This article is about intellectual property problem of medicine. Some countries have copied some drugs without permission. Some developed countries established WIPO (World Intellectual Property Organization). In the WIPO conference in 2005, they tried to prohibit copying the new chemical compounds which are expected to be a good medicine for human cure to LMMC (Like Minded Megadiverse Countries). This paper argues that we should have three perspectives in trying to solve problem. The first one is some chemical companies in LMMC should pay for the price of copyright of medicine. The second one is ethical issue that WIPO should persuade more developed countries to sell the copyright because some medicines can save people’s life. The third one is related to globalization that some biotech companies can provide medicines faster and cheaper than those of USA and Europe because LMMC usually are located near the third world.
Nowadays we can get similar kinds of medicine in different places in the world. Some biotech companies have the ability to analyze and make copies of the chemical compounds of medicines. The information of technology has become more easily spread all over the world with information networks. Since the world has become globalize, the speed of spreading information is faster than that of several decades ago. Their market is not limited by time and distance. According to J. Pinkerton (2005), Brazil is the famous for copying the medicine. Brazil succeeded in making copies of three kinds of AIDS medicines. Two American pharmaceutical corporations are under threatening by the Brazil. According to J. Pinkerton (2005), to avoid these uncontrolled copies of intellectual property, some developed countries, especially of the USA and some Europe countries have established the “World Intellectual Property Organization” in Geneva, Switzerland. In June 2005, the conference about intellectual property was held in Geneva. WIPO and other international groups gathered and discussed new rules for harvesting new chemical compounds in animals and plants which are very effective for human cures. At the same time, 17 other countries called “Like Minded Megadiverse Countries” were gathered there to find ways to avoid these rules. They are called “Axis of IP evil” too. Those include Brazil, China and India. They ignore copyright for the patents. They care about their losing benefit in the medicine market if WIPO prohibited using new chemical compounds. Regarding this problem, I think they need to recognize difference of the principle of capitalism and the medical aid for those who need help in the world. I will discuss about three perspectives to solve problem in the following paragraph.
First, I believe LMMC should pay for the price of intellectual property because they have enough money to pay for it and because copying of intellectual property is obviously thefts. According to Glassman (2005, par.5), one of the LMMC’s, Brazil sells medicine without spending huge money for research and invention. According to Abbott in Glassman’s article (same as above par. 8), “(Brazil is) It’s the 11th-largest economy in the world, with thriving aircraft, petrochemical and steel industries and a Gross Domestic Product that’s 50 percent greater, in terms of purchasing power, than that of Spain and nearly as big as France’s.” So the chemic company has enough money to pay to the chemical companies which are located in developed countries. So, this issue is related to economic growth and to the national interests for both developed countries and LMMC. Brazil has enough economic stock to pay the price of copyright to developed countries. In addition, if LMMC’s hope to buy the property WIPO may need to discuss whether some companies allow LMMC to buy intellectual property. They may suggest selling the patent after they first invented it and selling the new chemical compound. So some companies in developed countries do not lose benefit and will have more advanced medicine.
Second, we should focus on to ethical aspects of this issue. Medicine can save a lot of people’s lives. The spread of medicine directly affects to people’s lives. Those medicines are expensive in the third world. So, the biotech companies might sell their products cheaply only for medical aid. The developed countries’ governments should treat this issue not only in light of its benefit, but also in light of the world’s health problem. This means we sometimes should choose humanism rather than capitalism. If developed countries always follow only the principle of capitalism without humanitarian grounds, it may cause them to lose customers’ favor. I think some companies should provide their medicine for cheaper price or free to the LMMC to save people’s lives. Eventually, many people including kids die everyday in those area, so I, personally, think they should be saved in any way possible. In addition to these humane reasons, the biotech companies may provide medicines to the LMMC’s governments for lower prices in order to make medicine available. LMMC’s have their own idea for the copy. One of them is that 70% of people in the world live in LMMC’s. They express their legitimacy in some conventions based on the principle of being the majority in the world.
Third, this issue involves not only medicine companies but also political concern. This kind of issue is related to the difference of principle between competition and development. So this problem has a political background. Most of the biotech companies are from the USA and some countries are in Europe. The USA government wants to protect the benefit of their biotech companies to keep holding the copyright. America and some European countries expect corporation tax. So the copying of intellectual property is related to their revenue. The biotech industry is very important for LMMC’s. They would develop some other kinds of medicine. It is very expensive to buy the copyright from some other companies. In the globalization movement some developed companies may do outsourcing. I think WIPO should encourage both side to cooperate with each other countries. Even there are the principle of capitalism WIPO should care about less developed countries and the third world.
In a conclusion, I believe LMMC’s should pay for the price of copyrights and the biotech companies in developed countries should allow LMMC’s to buy their patents. WIPO should treat ethical aspects because the spread of new medicines can save people’s lives. Some LMMC’s can contribute to provide medicine cheaper price to those people who need medical help. So, both governments should treat this issue not only in light of their benefits but also in light of the world health problem.
Reference:
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