Food and Drug Law

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78.1
Questioning the Frequency and Wisdom of Compulsory Licensing for Pharmaceutical Patents
Richard A. Epstein
Laurence A. Tisch Professor of Law, New York University Law School; Peter and Kirstin Bedford Senior Fellow, The Hoover Institution; James Parker Hall Distinguished Service Professor Emeritus of Law and Senior Lecturer, The University of Chicago Law School
F. Scott Kieff
Professor of Law, The George Washington University Law School; Ray & Louise Knowles Senior Fellow, The Hoover Institution

A draft version of this paper was presented at the Licensing of Intellectual Property Symposium held at The University of Chicago Law School on June 18 and 19, 2010. This work is part of the ongoing Hoover Institution Project on Commercializing Innovation, which studies the law, economics, and politics of innovation and which is available online at http://www.innovation.hoover.org. We thank Kevin Outterson, Associate Professor at Boston University School of Law, for pointing out our errors in reading the emergency conditions in TRIPS Article 31 in an earlier version of this paper and Brett Davenport, New York University Law School, Class of 2012 for his prompt and expert research assistance.

Food and Drug Law Intellectual Property Licensing Patent

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