Emotion gives way to reason - cries for compulsory license subside as negotiated deals on Tamiflu begin to appear

The initial cries for immediate issuance of compulsory licenses for the production of Tamiflu, the Roche drug which may be effective against some strains of avian flu, have subsided in recent weeks.  Emotion appears to have given way to reason as negotiated deals are slowly appearing.

Vietnam, the country hit the hardest by the strain (H5N1) responsible for the current localized outbreaks, was the first to announce a deal with Roche.  Interestingly, the country apparently struck a deal that allows Roche to decide which Vietnamese companies will produce the drug.  In other corners of the globe, a more private tack is being pursued — individual Indian and Chinese pharmaceutical companies are apparently negotiating directly with Roche with little or no involvement by the respective governments.

No matter the form, the substance is the same.  Negotiated licenses are appearing and the cries for compulsory licenses appear to be subsiding.  There may have been a different outcome — and still might — if a larger outbreak or even a pandemic were to develop.

Originally published on Promote the Progress.  Copyright 2005, J. Matthew Buchanan.