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Upholding the first sale doctrine

Upholding the first sale doctrine

Posted Mar 21, 2013 22:29 UTC (Thu) by dlang (subscriber, #313)
In reply to: Upholding the first sale doctrine by lacos
Parent article: Upholding the first sale doctrine

you (or your political representatives) help the poor country pay the costs.


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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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