印度的明智专利决策

纽约—印度最高法院拒绝支持瑞士制药巨头诺华公司著名抗癌药物格列卫(Gleevec)专利的决定对广大印度癌症患者来说不啻福音。如果其他发展中国家步印度的后尘,也将是其他地区的福音:更多的钱可以用于满足其他需求,比如抗击艾滋病、提供教育或进行提振增长、消灭贫困的投资。

但印度的决定同样意味着大型跨国制药公司的钱少了。毫不奇怪,这引起了制药巨头及其游说集团的强烈反弹:他们指出,该项判决破坏了创新激励,将给全球公共卫生造成严重打击。

他们的说法大大地言过其实了。不管从经济还是社会政策角度,印度法院的决定都是正确的。此外,这只是实现全球知识产权机制再平衡的局部努力。当前的知识产权机制安排严重倾向于制药公司的利益而不利于社会福利。事实上,越来越多的经济学家认为现有知识产权机制在扼杀创新。

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