Read the story here. Advertise at Before It's News here.
Profile image
By Freedomworks (Reporter)
Contributor profile | More stories
Story Views
Last hour:
Last 24 hours:

FreedomWorks Issues Letter Opposing the Use of  “March-In-Rights”

% of readers think this story is Fact. Add your two cents.

Dear Secretary Becerra:

We write to oppose the use of “march-in rights” under the Bayh-Dole Act to license generic drug manufacturers to produce Xtandi/enzalutamide. Proponents argue that the federal government may assert such rights when a drug, developed in part with federal funds, is priced “too high.” Simply put, the federal government does not have the statutory authority to exercise march-in rights on the basis of price. Moreover, taking intellectual property from its legitimate owner raises serious constitutional questions: the Framers understood that intellectual property rights were so critical to innovation that they enshrined patent protection in the Constitution. 

By providing patent protection to incentivize investment, the 1980 Bayh-Dole Act aimed to ensure that innovations developed with federal funds would be brought to market. The Act authorized the government to “march in” and license patents to others in four specific circumstances, none of which is the price of the product. Senators Bayh and Dole publicly stated that the law authorizes march-in only when the patent holder has not commercialized the invention–and that price should not be dictated by the government. This makes sense, as the capital needed to commercialize a product is both risky and generally many times greater than the amount of federal funds invested. If private investors fear that risk-taking will not be rewarded, they will invest their capital elsewhere.

Democratic and Republican administrations alike have agreed that price alone does not justify takings of private property. From 1997 to 2016, the National Institutes of Health (NIH) received six petitions to exercise march-in rights on particular pharmaceuticals. Each petition was denied: NIH took the view that high prices alone were not a sufficient justification to exercise march-in rights. 

The Constitution gives the legislative branch exclusive power to write laws. While the executive branch is charged with implementing these statutes, the executive has no power to rewrite the law as it sees fit–no matter how compelling the public policy may be. Only the Congress–the people’s representatives–are in a position to decide if price controls are worth the harm to innovation that will result if the government can take away the rewards for risky investments. If Congress wants to expand the Bayh-Dole Act to allow considerations of price, it can do so. 

Thank you for consideration of our views.


Adam Brandon 



Beverly McKittrick

Director, Regulatory Action Center

FreedomWorks Foundation

The post FreedomWorks Issues Letter Opposing the Use of  “March-In-Rights” appeared first on FreedomWorks.


Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world.

Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.

"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.

Please Help Support BeforeitsNews by trying our Natural Health Products below!

Order by Phone at 888-809-8385 or online at M - F 9am to 5pm EST

Order by Phone at 866-388-7003 or online at M - F 9am to 5pm EST

Order by Phone at 866-388-7003 or online at M - F 9am to 5pm EST

Humic & Fulvic Trace Minerals Complex - Nature's most important supplement! Vivid Dreams again!

HNEX HydroNano EXtracellular Water - Improve immune system health and reduce inflammation.

Ultimate Clinical Potency Curcumin - Natural pain relief, reduce inflammation and so much more.

MitoCopper - Bioavailable Copper destroys pathogens and gives you more energy. (See Blood Video)

Oxy Powder - Natural Colon Cleanser!  Cleans out toxic buildup with oxygen!

Nascent Iodine - Promotes detoxification, mental focus and thyroid health.

Smart Meter Cover -  Reduces Smart Meter radiation by 96%! (See Video).

Report abuse


    Your Comments
    Question   Razz  Sad   Evil  Exclaim  Smile  Redface  Biggrin  Surprised  Eek   Confused   Cool  LOL   Mad   Twisted  Rolleyes   Wink  Idea  Arrow  Neutral  Cry   Mr. Green

    Load more ...




    Email this story
    Email this story

    If you really want to ban this commenter, please write down the reason:

    If you really want to disable all recommended stories, click on OK button. After that, you will be redirect to your options page.