A better way of stockpiling emergency medicines
See the thoughtful editorial by James Love of the Consumer Project on technology. You’ll need a subscription to read the entire thing, but this is the gist of Love’s argument: The need for emergency stockpiles can be anticipated. Limited resources of governments precludes full stockpiling for relatively low-risk events. Therefore, permit governments to to acquire medicines freely from generic suppliers (By freely, he means pay for the drug only not royalties to the patent holder) for the purpose of stockpiling. If the drugs are later used, then pay the patent holders a generous royalty. This approach increases the value of patents on the stockpiled drugs, which otherwise might not be realized due to limited stockpiling.
There are two major limitations to this approach. The first is that it won’t work when the drug has only the emergency use. Love recognizes this limitation and mentions the need for parallel approaches to create incentives for these drugs to be developed. The second, related limitation is a killer. It’s the lack of incentive to innovators to develop drugs they know might later be stockpiled via the “patent-borrowing” procedures. If the drugs aren’t developed, the idea can’t be implemented. A company is not going to spend hundreds of millions to develop a drug if governments can later allow a generic manufacturer to sell it to government(s) at a profit for stockpiling, while they get nothing unless the stockpiles are used. But there is perhaps a way around this limitation too. Instead of allowing patents to be “broken” and giving the rights of manufacture and sale to generic makers, a rule would require the innovator to sell stockpiles to governments at a fixed margin above cost of manufacture and distribution to governments only. These costs would have to be subject to government audit and kept highly guarded. In addition, governments involved would have to provide the additional manufacturing capacity (above the capacity required for a drug’s other commercial uses) needed to meet stockpiling demand. This would require that stockpiling agreements be reached well before a drug is approved for marketing by FDA, with the risk that excess capacity created would be wasted. Easy to implement? No, it would be very difficult and there would be strong resistance from industry, but it would overcome some of the objections to Love’s approach, which I think wouldn’t fly in the U.S. or Europe.