{"status":"ok","message-type":"work","message-version":"1.0.0","message":{"indexed":{"date-parts":[[2026,8,14]],"date-time":"2026-08-14T22:35:28Z","timestamp":1786746928502,"version":"build-2736575974"},"posted":{"date-parts":[[2023]]},"group-title":"SSRN","reference-count":105,"publisher":"Elsevier BV","content-domain":{"domain":[],"crossmark-restriction":false},"short-container-title":[],"abstract":"<jats:p>The COVID-19 pandemic and health crisis shed light on the need for more affordable patented drugs. Brand drug companies argue that they need to recuperate their R&amp;amp;D, marketing, and advertising expenses. The incentive to innovate also needs to be preserved. Drug companies are entitled to a profit and a return on their investment, just as afforded to utility monopolies. Intellectual property and human rights clash relative to access to patented drugs. We provide several proposed approaches to solving this dilemma and conclude with an argument that patented drugs should be considered a public utility. A model based on public utility approach has a great deal of merit as a model for setting prices for essential drugs and treatments. However, the price setting should not be the province of back-room discussions between drug companies and insurers. Prices should be negotiated in public with full transparency just as electricity rates are. Investor-owned utilities are good businesses and provide reasonable and regular return on investment for their owners. This can happen for manufacturers of essential drugs as well.<\/jats:p>","DOI":"10.2139\/ssrn.4460541","type":"posted-content","created":{"date-parts":[[2023,5,30]],"date-time":"2023-05-30T14:51:51Z","timestamp":1685458311000},"source":"Crossref","is-referenced-by-count":0,"title":["Patented Brand Drugs are Essential Facilities and Regulatory Compacts"],"prefix":"10.2139","author":[{"ORCID":"https:\/\/orcid.org\/0000-0001-9596-1258","authenticated-orcid":true,"given":"Clovia","family":"Hamilton","sequence":"first","affiliation":[],"role":[{"vocabulary":"crossref","role":"author"}]},{"given":"Gerald M.","family":"Stokes","sequence":"additional","affiliation":[],"role":[{"vocabulary":"crossref","role":"author"}]}],"member":"78","reference":[{"key":"ref1","article-title":"The high cost of prescription drugs: causes and solutions","volume":"10","author":"S V Rajkumar","year":"2020","journal-title":"BLOOD CANCER JOURNAL"},{"key":"ref2","author":"Dan Witters","year":"2019","journal-title":"Millions in U.S. Lost Someone Who Couldn't Afford Treatment"},{"key":"ref3","article-title":"The other epidemic: Lack of health insurance for all Americans","author":"J S Saxe","year":"2020","journal-title":"THE CHARLOTTE POST"},{"key":"ref4","year":"2013","journal-title":"Contents and term of patent; provisional rights"},{"key":"ref5","author":"Wto","year":"2006","journal-title":"Fact Sheet: TRIPS and Pharmaceutical Patents Obligations and exceptions"},{"key":"ref6","year":"2018","journal-title":"Copenhagen Economics, Study on the economic impact of supplementary protection certificates, pharmaceutical incentives and reward in Europe"},{"key":"ref7","article-title":"Decoding and Recoding Natural Monopoly, Deregulation, and Intellectual Property","author":"S Ghosh","year":"2008","journal-title":"UNIVERSITY OF ILLINOIS LAW REVIEW"},{"key":"ref8","article-title":"Deterring Innovation: New York v. 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