Intellectual Property and the Pharmaceutical Industry: A Moral Crossroads between Health and Property [Book Review]

Journal of Business Ethics 55 (3):295 - 308 (2004)
The moral justification of intellectual property is often called into question when placed in the context of pharmaceutical patents and global health concerns. The theoretical accounts of both John Rawls and Robert Nozick provide an excellent ethical framework from which such questions can be clarified. While Nozick upholds an individual's right to intellectual property, based upon its conformation with Lockean notions of property and Nozick's ideas of just acquisition and transfer, Rawls emphasizes the importance of basic liberties, such as an individual's right to health, superceding such secondary rights as intellectual property rights. From a policy perspective, patent protection for pharmaceutical products necessarily entails the balancing of corporate intellectual property interests and public interests in healthcare. The moral dilemma that occurs when these two interests clash is not easily resolved. Aside from corporate and public interests, the state maintains an interest in creating and preserving policies that regulate the moral dilemma itself. This paper analyzes the economic and ethical factors surrounding the production and distribution of the anti-HIV medication, AZT. Potential policy implications and recommendations are also discussed.
Keywords AIDS  global trade  intellectual property  nozick  patent  pharmaceutical  rawls
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DOI 10.2307/25123392
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References found in this work BETA
Edwin C. Hettinger (1989). Justifying Intellectual Property. Philosophy and Public Affairs 18 (1):31-52.

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Citations of this work BETA
Lubomira Radoilska (2008). Truthfulness and Business. Journal of Business Ethics 79 (1/2):21 - 28.

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