Patents Pending [Eminent Domain--"Government takings" of drug patents. A way to get cheaper drugs.]

The American Prospect ^ | 2-23-05 | Barbara T. Dreyfuss

[satchmodog9]

Once again government will abuse its power to get what it wants.

[Orange1998]

They do it to the little guy all the time.

[agitator]

"debt-strapped states" ???

http://www.cafrman.com/

[ClearCase_guy]

Who is John Galt?

[SedVictaCatoni]

Outterson argues that states (the District of Columbia has all the legal powers of a state, notes Catania)

*laugh* Yeah, right.

[beef]

This is the situation that drug companies face in Canada and other socialist countries. The alternative to accepting Canada's price is having your patent seized. This is a great strategy for the socialists, because the short term gratification is huge and the long term consequences are hard to pinpoint. It's hard to miss what you haven't got.

The real consequences, of course, are that new drugs won't come to market; people will invest their money elsewhere. A lot of lefties I know lament the fact that the drug industry is very profitable, which they believe isn't "fair". My question is: which industry deserves to be more profitable? I certainly can't think of any.

[somniferum]

They should read that nursery rhyme about "Killing the goose that laid golden eggs".

[Maceman]

This is a great strategy for the socialists, because . . . the long term consequences are hard to pinpoint.

Not to anybody with half a brain. The long-term consequence is that this outrage will mean the end of virtually all pharmaceutical R&D.

This idiotic and illegal property grab will do for pharmaceuticals what rent control did to housing stock.

What an effing disaster this will be if it stands.

[muawiyah]

What government abusing what power?

The Constitution clearly states that Congress shall have sole jurisdiction over DC. The DC government is one of Congress' creatures.

Further, Congress passed the law that established patents, and the Constitution says that the federal government is in charge of patents.

You have a city councilman who forgot who he works for talking about a process of which he knows nothing. For DC to "seize" a patent would be like Congress revising patent law.

No doubt that's not going to happen.

There'd probably be more value in getting former Mayor Marian Barry, now a DC City councilman, to discuss different grades of cocaine. At least he's informed on the subject. This guy isn't.

[FlipWilson]

First off, States are prohibitively excluded from legislating in this area since the Constitution preserves this arena solely to Congress. Secondly, even if states could condemn patents via emminent domain, they still have to pay value for such patents, which is quite high. Basically, they would end up paying the drug companies via increasing taxes. Either way, the consumer pays.

Finally, the Founding Father's provided the government the power to "promote the progress of science and the useful arts by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." They did so in order to provide an incentive to advance technology. Take away this exclusivity and there will be far reaching consequences. For example, who would invest large sums of money on the R&D necessary to create new technology of any kind (if drug patents fall, don't fool yourselves, other technology areas will go as well, i.e. the liberals will say next that "big computer companies are depriving school children of computers"), if they could not make their investment back and turn a profit? The answer is, nobody and I mean nobody, would spend R&D money and that means a huge loss in jobs, and a huge loss in the technological edge that makes this country great. In short, the quick, feel good (lower drug costs) liberal fix has unforseen, far reaching, negative consequences for this country (jee, how unusual).

The problem with high drug costs is not the drug companies. It is the fact that the government acts as a participant in this arena and screws up the operation of the free market system. Why should the drug companies produce more and cheaper drugs if their profit is capped by the government? What, blame the government, the party who is actually to blame, nah, lets demagogue the drug companies (Mr. Moore is producing a movie as I write this) and drive them out of business (screw the tens of thousands of people employed by the pharma companies). LETS TREAT THEM LIKE THE TABBACO COMPANIES. Yah, that is the answer, treat companies that improve human life like they are destroying human life.

Once again, we see Socialism rearing its ugly head. In a free society, you can't force companies to stay in a business if they aren't making money. If the drug companies don't exist, who develops the drugs? Either the government will, which means higher taxes, or uhhh, hmmmm, oh, did I say in a "free society" you can't force a company to stay in business, please excuse me, I forgot, socialism doesn't work in a truly free society. It is a requirement to take freedom away to make socialism work, see for example Canada, where nobody wants to be a doctor or doctors are leaving. What is the proposed solution there?

[xjcsa]

This is one of the worst, most evil ideas I have ever heard in my life.

[Sandy]

Where are the elected conservatives and why are they not standing up!

My guess is that many aren't even aware of this yet. It's the first I've heard of it, anyway.

[sox_the_cat]

I'm tired of the U.S and our tax dollars funding Canada's discount drugs. It's time our government protects our companies against Canada. Eventually we will start seeing the bankruptcy of drug companies because of lawsuits and potential patent violations, resulting in fewer drug comapnies and less competition to find new drugs.

[Ghost of Philip Marlowe]

Socialist fools. When the drug industry goes down the tubes as a result, they'll blame it on greedy capitalists and continue to lament how the government needs central planning/control to save the world. But at least they'll 'feel' better believing that 'justice' has been done by eliminating some profit.

These fools deserve the hell they create. So do we if we do nothing to stop it.

[underbyte]

Well maybe drugs would be cheaper across the board
if all countries paid fair share

[Fee]

Drug companies will develop overseas production capabilities in China and India where labor costs are so low that they can preserve their profits. Government mandated drug prices will drive high tech drug manufacturing jobs overseas.

[satchmodog9]

I think you know what I meant. People in government trying to extort property out of corporations or private citizens is abuse. I don't care if they don't have a legal leg to stand on, the threat is all that matters. All it takes is some local politician to make waves and some fed scumbag to back him up. Let the DNC make this one of their talking points and enough of the country will be behind punishing the "evil drug companies." Plus, when has the constitutions limitations ever mattered to any government actions.