Re: For a contrasting view...
Indeed. Writing good regulations is very difficult, because people will almost always find a way around them.
This is why I prefer the other solution (publicly funded and publicly owned research).
It strikes me as odd that we acknowledge that public health is a common good, so have the publicly owned NHS*, but fail to recognise that the medicines the NHS uses are part of that public good.
*for now, just about - creeping privatisation of the NHS is a topic for another discussion.