Insights: Publications Compulsory Licensing To Cut Drug Costs Could Harm Public

Law360

Prescription drug prices, and means by which the executive branch might lower them absent legislative action, were a hot topic during the 2020 election, particularly during the Democratic primary. Multiple candidates laid out plans for presidential oversight of drug pricing.

After Joe Biden won the election, Sen. Elizabeth Warren, D-Mass., called for the president-elect to "[l]ower drug prices ... using existing compulsory licensing authority."

Where does the government's power to impose compulsory licenses come from? And should Biden utilize compulsory licensing to rein in perceived staggering price tags attached to certain critically important drug products in the U.S.?

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