A Stitch in Haste

I only semi-seriously commented in a previous post that concern (panic?) over a possible avian flu pandemic could result in the seizing of patents for flu-related vaccines and antivirals.

Now I'm deadly serious:

Sen. Chuck Schumer yesterday blasted a major international drug company for "putting profits ahead of world safety" — demanding it suspend its patent on a drug that has proved successful in fighting deadly bird flu.
...
The senator wants Roche to temporarily suspend its patent on Tamiflu — since it cannot keep up with world demand — and license generic drugmakers to mass-produce it.

He gave the company one month to comply, threatening to change the law to give the federal government special powers over pharmaceutical firms in times of world health emergencies.

I guess the fact that Roche isn't an American company doesn't mean the U.S. federal government isn't allowed to exercise "special powers" over it.

In any case, here's the moral of the story: Spend billions and billions of dollars developing the only even partially effective anti-flu treatment, and have it — or at least the well-deserved profits from it — stolen by government thugs in the name of the "greater good." And then be expected to do the exact same thing tomorrow.

Schumer is obviously confusing Roche executives with the moron New Yorkers who elected him.

The very reason we had a flu vaccine crisis last year was because government made it impossible for companies to manufacture the vaccine profitably. Now they want to do the exact same thing with Tamiflu. Just for the sake of grabbing a headline.

This is quite simple: Schumer's proposal and the chilling effect it would have on pharmaceutical research will kill people. Literally. They'll give up on developing new drugs for the flu and focus instead on new and better drugs to fight erectile dysfunction, urinary incontinence and athlete's foot.

Meanwhile, an Indian pharmaceutical company, with the apparent blessing of the Indian government, is already stealing the Tamiflu formula. Think Roche or other pharmaceutical companies will be eager to do business with India in the future?

Perhaps China, with its unparalled ability to ignore intellectual property rights, will be next.

Then again, who needs a Communist dictatorship when you have Chuck Schumer?

Other thoughts at Market Power, Marginal Revolution.

UPDATE: Taiwan has also announced that it will ignore Roche's patent and manufacture illegal Tamiflu (or a "99% akin" version thereof), even after Roche announced that it will begin licensing the drug to other pharmaceutical companies. (Via Kevin, M.D.)