Patents on drugs – the wrong prescription?

In Axel Gosseries, Alain Marciano & Alain Strowel, Intellectual Property and Theories of Justice. Basingstoke & N.Y.: Palgrave McMillan. pp. 230-245 (2008)
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Abstract

Theories of justice and intellectual property are vast topics in their own right. The contributions to this volume examine how they relate. How do our justifications for protecting intellectual property fare from an ethical perspective? Any attempt to tackle this question in a relatively short chapter like this one will have to be restricted in scope. My claims are limited in four ways. First, I concentrate on one kind of intellectual property protection, namely patents. Second, the claims of justice put forward concentrate on one context of justice, namely the distribution of health goods. Third, the discussion of distributive issues concerning health is limited further in that I single out the distribution of drugs rather than, for instance, access to doctors or hospital services. Finally, I adopt a cosmopolitan perspective, emphasising inequalities in the access to drugs at the international rather than at the national level.

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Peter Dietsch
University of Victoria

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References found in this work

Justifying intellectual property.Edwin C. Hettinger - 1989 - Philosophy and Public Affairs 18 (1):31-52.
Health-care needs and distributive justice.Norman Daniels - 1981 - Philosophy and Public Affairs 10 (2):146-179.
Human rights and global health: A research program.Thomas W. Pogge - 2005 - Metaphilosophy 36 (1‐2):182-209.
The Moral Standing of the Market.Amartya Sen - 1985 - Social Philosophy and Policy 2 (2):1.
Review Article: International Distributive Justice.Simon Caney - 2001 - Political Studies 49 (5):974-997.

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