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Upholding the first sale doctrineUpholding the first sale doctrinePosted Mar 21, 2013 22:15 UTC (Thu) by lacos (subscriber, #70616)In reply to: Upholding the first sale doctrine by wahern Parent article: Upholding the first sale doctrine If poor countries need help acquiring pharmaceuticals, they can come ask me or my political representatives directly Assuming (from your comment) that free trade has been established and the producer has been forced to set a common (high) price overall, how would the above work in practice? Thanks.
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Upholding the first sale doctrine Posted Mar 21, 2013 22:29 UTC (Thu) by dlang (✭ supporter ✭, #313) [Link]
you (or your political representatives) help the poor country pay the costs.
Upholding the first sale doctrine Posted Mar 22, 2013 8:48 UTC (Fri) by lacos (subscriber, #70616) [Link]
It wouldn't prevent them (or a 3rd party merchant) from reimporting and reselling more cheaply. Perhaps the subsidized pharmaceuticals should only be sold to patients ("end users") in the target country, but that's again a trade barrier, only not between countries.
Upholding the first sale doctrine Posted Mar 22, 2013 18:55 UTC (Fri) by nix (subscriber, #2304) [Link]
... or you decide to eat the loss because the alternative is the poor country compulsorily licensing your patent and farming it out to a much cheaper generic manufacturer. Of course, a lot of patent treaty sorts *hate* this, but it's still there, and India and others have used it. It's amazing how fast the licensing fees demanded dropped when they did so.
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