Cristian Timmermann

Any system for the protection of intellectual property rights (IPRs) has three main kinds of distributive effects. It will determine or influence: (a) the types of objects that will be developed and for which IPRs will be sought; (b) the differential access various people will have to these objects; and (c) the distribution of the IPRs themselves among various actors. What this means to the area of pharmaceutical research is that many urgently needed medicines will not be developed at all, that the existing medicines will not be suitable for countries with a precarious health infrastructure or not target the disease variety that is prevalent in poorer regions. Such effects are commonly captured under the rubric of the “10/90 gap” in biomedical research. High prices will also restrict access to medicines as well endanger compliance to treatment schemes. IPRs are mainly held by multinational corporations situated in the developed world, which not only raises egalitarian concerns, but also severely limits the possibilities of companies in poorer countries to realize improvements on existing inventions, as they cannot financially afford to secure freedom to operate, which systematically shrinks the number of potential innovators. Those inequities lead to an enormous burden for the global poor and since no institution is willing to assume the responsibility to fulfil the right to health and the corresponding right of access to essential medicines, we have to analyse alternatives or additions to the actual intellectual property regimes in order to create new incentives to fill this gap.

Rohwer and Marris (2015) question the existence of a prima facie duty to preserve genetic integrity leaving open the question of what we should preserve. Many of the arguments used to justify their position could set the platform to defend a duty to preserve the diversity of both wild and domesticated species. In times where agricultural land covers a third of world’s land area and major efforts are undertaken to green urban areas a defense of biodiversity could benefit hugely by intelligently incorporating human-induced diversification. It still remains critical to assess in how far new introductions compensate for losses and here the insights of those defending genetic integrity are an important tool. By acknowledging the added value of human-induced biodiversity we could slow down massive extinction of domesticated and semi-wild varieties by giving these a greater space in human-made environments.