Abstract:
Abstract: This Comment addresses effects of the 1992 rescission of compulsory
licensing laws for pharmaceutical patents in New Zealand. The Comment summarizes
the history behind the change in law, the effect the change has had, projections for future
effects, and the degree to which the change brings New Zealand law into compliance
with proposed General Agreement on Trade and Tariffs ("GAT") provisions. The
effects of the repeal on drug prices appear to be masked by changes in New Zealand's
pharmaceutical price support system. Both changes are illustrative of the continuing
conflict over technology protection in the marketplace, a conflict which is particularly
acute in the area of pharmaceuticals. The change is significant because it may indicate a
shift from intellectual property laws to price regulation as a means by which governments
control the price and availability of pharmaceuticals.