Abstract
The question, of course, is whether allowing gray markets for pharmaceuticals is effective. I address this question in this Article and conclude that while the gray market solution is appropriate in South Africa, its effectiveness, as proposed, is questionable in the United States. While ideally it would be more appropriate to address the problems directly as human rights matters, the solution of creating gray markets may be the most effective within the constraints of the current legal system. However, the gray market must be created in a suitable and rational fashion. I develop these points as follows. Part II presents an overview of the economics of intellectual property and gray markets, focusing specifically on the fixed cost and the public goods problems. Part III addresses the United States and South Africa’s experiences with pharmaceuticals and assesses the gray market proposal in each context. Part IV focuses on the efficacy of limiting patent rights through the gray market, and Part V concludes.
Recommended Citation
Ghosh, Shubha
(2002)
"Pills, Patents, and Power: State Creation of Gray Markets as a Limit on Patent Rights,"
Florida Journal of International Law: Vol. 14:
Iss.
2, Article 4.
Available at:
https://scholarship.law.ufl.edu/fjil/vol14/iss2/4