Category Archives: Intellectual Property Rights

EpiPen Protest Should Be Directed @ FDA & Patent Protectionism

Business, Capitalism, Free Markets, Government, Intellectual Property Rights, Regulation

And it’s the people’s fault, too.

Most Americans have zero understanding of free-market capitalism, and are interested only in government “protections,” namely the regulation of production, in the belief that government interference can reduce costs and get Big Bad Business to behave.

If only Americans, brainwashed in the nation’s government-controlled schools, understood the less intuitive truth and aimed the arrows in their quiver at Big Bad Government, the real bad actors.

In the case of the “EpiPen sticker shock,” bureaucrats at the FDA (US Food and Drug Administration)—beholden to keeping the bureaucracy alive, not getting innovation to market—practically gum-up the process whereby other makers of the product can enter the allergy antidote market and trigger competitive forces.

Then there are the patent grants of government privilege. By granting EpiPen makers patents for posterity—yes, this is government’s fault—these lengthy grants of patent privileges prohibit manufactures of generic drugs from entering the market to make comparable products.

Via Slate Star Codex:

… when was the last time that America’s chair industry hiked the price of chairs 400% and suddenly nobody in the country could afford to sit down? When was the last time that the mug industry decided to charge $300 per cup, and everyone had to drink coffee straight from the pot or face bankruptcy? When was the last time greedy shoe executives forced most Americans to go barefoot? And why do you think that is?

The problem with the pharmaceutical industry isn’t that they’re unregulated just like chairs and mugs. The problem with the pharmaceutical industry is that they’re part of a highly-regulated cronyist system that works completely differently from chairs and mugs.

If a chair company decided to charge $300 for their chairs, somebody else would set up a woodshop, sell their chairs for $250, and make a killing – and so on until chairs cost normal-chair-prices again. When Mylan decided to sell EpiPens for $300, in any normal system somebody would have made their own EpiPens and sold them for less. It wouldn’t have been hard. Its active ingredient, epinephrine, is off-patent, was being synthesized as early as 1906, and costs about ten cents per EpiPen-load. …

Golden oldies:

* “Should Policymakers Trust The Free Market To Meet Urgent Demand For Prescription Drugs?”
* “Patent Wrongs”

To further explore the topic from a libertarian propertarian perspective, click the “Intellectual Property Rights” search category.

Aaron Swartz: Parasites Have the Power To Kill The Host

Government, Human Accomplishment, Intellectual Property Rights, Liberty, Private Property, Technology

Aaron Swartz got too big for his boots, so the government decided to make life unbearable for the gifted young man, who had created more value for shareholders and customers when just a kid in short pants than any of the nogoodniks who prosecuted him. Yeah, freedom baby.

US media tries to forget the late Mr. Swartz . RT has not:

Swartz was a 26 year-old information transparency activist, who took his own life nearly two years ago, having faced a standoff with the government.
When he was just 14, tech prodigy Swartz helped launch the first RSS feeds. By the time he turned 19, his company had merged with Reddit, which would become one of the most popular websites in the world.
But instead of living a happy life of a Silicon Valley genius, Swartz went on to champion a free internet, becoming a political activist calling for others to join.
Swartz drew the FBI’s attention in 2008, when he downloaded and released about 2.7 million federal court documents from a restricted service. The government did not press charges because the documents were, in fact, public.
He was arrested in 2011, for downloading academic articles from a subscription-based research website JSTOR – at his university – with the intention of making them available to the public. Although, none of what he downloaded was classified, prosecutors wanted to put him in jail for 35 years.

Government Begat Government Which Begat More Government

Government, Intellectual Property Rights, Regulation, War

Myron Pauli on the malignant, metastatic cancer known as government.

Government Begat Government Which Begat Government
By Myron Robert Pauli

My friend at the Federal Trade Commission is assigned to fight “monopoly” in the field of laser eye surgery. The Food and Drug Administration approved ONLY “laser A” and “laser B” for doing eye surgery [of course, WHY did the FDA get to approve lasers and why should ONLY these two lasers be approved over other capable lasers???]. It seems that the Patent and Trademark Office then gave patents (e.g. virtual monopolies) to the companies holding these two lasers (something of which Jefferson and many libertarians disapprove). Then the FTC claimed that these two companies “colluded” in making a monopoly which was, in fact, created by the state power of the FDA and the PTO. In other words, the solution to government-created-problems is, of course, more government.

And then there is a recent article in The Atlantic for government reparations for black Americans – after all, one had government slave codes, government Fugitive Slave Laws, banishment of free blacks, franchise denial, Jim Crow Laws, racist FHA, racist Agriculture Department, racist zoning laws, racist licensing restrictions, racist closed shop laws. Social Security transfers money from black men [who die at age 65] to white/Asian women who live near 90 years. Reparations were given to wealthy widows of 9/11 stockbrokers [another obscenity]… and thus, government should now extract money from Vietnamese refugees in the form of taxes to compensate descendents of people victimized by government in 1850 … and government begat government.

Speaking of Vietnamese refugees, it was the government which sent millions of warfighters (many conscripted with the draft) to fight in senseless wars of nation building in Vietnam, Cambodia, Somalia, Haiti, Iraq, Libya, Afghanistan …. where these veterans return with chronic injuries, addictions, and mental problems. The solution, of course, is not to allow them to seek private health care but to dump them into a VA system [chronicled in the movie “Born on the Fourth of July”] which, being government, is an unaccountable, uncompetitive, sovereign monopoly. The solution to problems in the VA or the DC schools or public housing or Amtrak or anything is, naturally, to increase the budget. In the beginning, there was government … and government begat more government … which begat more government. If X fails, try 2X and 3X and 4X. American Dream Downpayment Act begat Housing Bubble begat Wall Street Bailout begat more Income Inequality … solution – more government, of course!

And if Bush#1 is bad, the solution is Clinton#1. If he seems bad, try Bush#2 followed by Obama#1 followed by either Clinton#2 or Bush#3. Plus ca change plus c’est le meme chose (the more things change, the more they remain the same). Tired of the same old routine, folks, then try the New Freedom, the New Deal, the New Frontier, or the New Nixon. The new Messiah will solve the problems of the previous incompetent with “compassionate conservatism” or “hope and change” and “a more responsive government” and “more transparency” which amazingly always means: more laws, more arbitrary secretive government, more debt, more inflation, more drones, more spindoctors, and less liberty. As that noted ‘American-hating extremist’ Thomas Jefferson, observed: “The natural progress of things is for liberty to yield and government to gain ground.”

To Americans, most of whom have Orwellian memory holes, it has always been this way. Government has ALWAYS regulated X and Y and Z and provided for old people or college educations or health care or what not. I listen to the debate on voter ID – since you need a government ID to board a bus or have a drink, then you must have a photo ID to vote (can someone name which signers of the Declaration or the Constitution had photo ID’s ???). If photo ID’s are good enough for Mohammed Atta and the 9/11 hijackers, then they are good enough for everyone…. And so these arguments go … One loss of liberty leads to more. One actual terrorists leads to government reading all our mails and logging in all our phone calls. If government does A to us, then of course it should also do B and C and D …. – government begats government. And the people shout AMEN!

******
Barely a Blog (BAB) contributor Myron Pauli grew up in Sunnyside Queens, went off to college in Cleveland and then spent time in a mental institution in Cambridge MA (MIT) with Benjamin Netanyahu (did not know him), and others until he was released with the “hostages” and Jimmy Carter on January 20, 1981, having defended his dissertation in nuclear physics. Most of the time since, he has worked on infrared sensors, mainly at Naval Research Laboratory in Washington DC. He was NOT named after Ron Paul but is distantly related to physicist Wolftgang Pauli; unfortunately, only the “good looks” were handed down and not the brains. He writes assorted song lyrics and essays reflecting his cynicism and classical liberalism. Click on the “BAB’s A List” category to access the Pauli archive.

Self-Mutilation In Pursuit Of Certainty

Celebrity, Healthcare, Hollywood, Intellectual Property Rights, Pseudoscience, Science

Angelina Jolie tells of undergoing a radical procedure, a “preventive double mastectomy,” to remove all her healthy breast tissue, so as to mitigate against the possibility of future disease. Jolie carries the “‘faulty’ gene, BRCA1, which sharply increases [the] risk of developing breast cancer and ovarian cancer.” She writes:

My doctors estimated that I had an 87 percent risk of breast cancer and a 50 percent risk of ovarian cancer, although the risk is different in the case of each woman.
Only a fraction of breast cancers result from an inherited gene mutation. Those with a defect in BRCA1 have a 65 percent risk of getting it, on average.
Once I knew that this was my reality, I decided to be proactive and to minimize the risk as much I could. I made a decision to have a preventive double mastectomy. I started with the breasts, as my risk of breast cancer is higher than my risk of ovarian cancer …

In response to an earlier spate of such surgeries, Karen de Coster spoke out against “Big Pharma and a medical establishment that has … [built up] a tremendous level of hysteria that has people lining up for quick solutions to complex problems that have yet to materialize.”

… this has nothing to do with a noble choice between life and “beauty.” Allyn, like so many other women, was frightened into this procedure by the medical establishment that has so much to gain from these costly interventions that insurance companies agree to cover. Yet, try getting your insurance company to cover $500 worth of acupuncture or non-standard physical therapy. The government’s cancer institute gently promotes this procedure, as well as the satellites of Big Cancer.

And back in 2009, Karen panned the “truly sick development of the modern medical state. Women who are told they are at-risk for breast cancer choose major, invasive surgery, based on these risk conclusions, when they are perfectly healthy”:

Cancer organizations recommend genetic counseling before and after the test, produced by Utah-based Myriad Genetics. During the past 13 years, the company has tested thousands of blood samples, and revenues have grown 50 percent in the last year, though the company declined to reveal details about the number of tests taken each year.
Myriad is the sole source of the test, for which it holds a gene patent — a controversial issue that is being challenged in federal court in New York by numerous medical groups, including the American Medical Association, which argue that granting a patent for a part of the human body impedes research and treatment.
So there is one company that can conduct the test, and it holds a patent to keep out competition?

These are poignant questions.