Of course, Canada has ample experience ruining IP incentives. Our Patent Office has long maintained that diagnostic methods are unpatentable, an idea based on a misinterpretation of case law, so there is no financing to get diagnostic methods through trials and into markets. Patients who need them die, needlessly. Canada uses price controls to confiscate the pricing power of therapeutics producers — and as a result suffers shortages and unavailability.
The harms of IP confiscation are great. An organization like the WHO should support innovators; instead, it abets theft. Economists argue that IP is “non-rivalrous” — i.e., that many people can enjoy it at once, without depriving others — but they’re wrong. Their analysis conflates physical copies with the IP they embody. IP is more properly understood as the ability to control and profit from one’s innovations and creations. Seen from that perspective, IP is far from non-rivalrous.
The world desperately needs massive private-sector expertise in health innovation. More choice of vaccines and therapies that can serve different patient populations would be good for health care. Sophisticated public health authorities could better incorporate complex and changing opportunities for disease management into their planning and modelling. To reward successful innovators by confiscating their inventions in a time of crisis is perversely self-defeating.
If we’ve learned anything from COVID, it’s that sane heads don’t necessarily prevail in managing a pandemic. In proposing its simple-minded overreach, the WHO seems to be counting on that. Let’s hope they’re wrong.Share this article in your social network
The who encourages you continue to take a clot shot until you have a good heart attack.
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