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Examining Pharmaceutical Exceptionalism: Intellectual Property, Practical Expediency, And Global Health, Govind Persad
Examining Pharmaceutical Exceptionalism: Intellectual Property, Practical Expediency, And Global Health, Govind Persad
Sturm College of Law: Faculty Scholarship
Advocates, activists, and academics have criticized pharmaceutical intellectual property ("pharma IP") rights as obstacles to access to medicines for the global poor. These criticisms of pharma IP holders are frequently exceptionalist: they focus on pharma IP holders while ignoring whether others also bear obligations to assist patients in need. These others include holders of other lucrative IP rights, such as music copyrights or technology patents; firms, such as energy companies and banks, that do not rely on IP; and wealthy private individuals. Their resources could be used to aid patients by providing direct medical assistance, funding prizes or biomedical research, …
Transparency Trade-Offs Priority Setting, Scarcity, And Health Fairness, Govind Persad
Transparency Trade-Offs Priority Setting, Scarcity, And Health Fairness, Govind Persad
Sturm College of Law: Faculty Scholarship
This chapter argues that rather than viewing transparency as a right, we should regard it as a finite resource whose allocation involves tradeoffs. It then argues that those tradeoffs should be resolved by using a multi-principle approach to distributive justice. The relevant principles include maximizing welfare, maximizing autonomy, and giving priority to the worst off. Finally, it examines some of the implications for law of recognizing the tradeoffs presented by transparency proposals.
Justice And Public Health, Govind Persad
Justice And Public Health, Govind Persad
Sturm College of Law: Faculty Scholarship
This chapter discusses how justice applies to public health. It begins by outlining three different metrics employed in discussions of justice: resources, capabilities, and welfare. It then discusses different accounts of justice in distribution, reviewing utilitarianism, egalitarianism, prioritarianism, and sufficientarianism, as well as desert-based theories, and applies these distributive approaches to public health examples. Next, it examines the interplay between distributive justice and individual rights, such as religious rights, property rights, and rights against discrimination, by discussing examples such as mandatory treatment and screening. The chapter also examines the nexus between public health and debates concerning whose interests matter to …