I'm inclined to agree with you goldfinger, up to a point, but I mean, to give an example, when you buy over the counter painkillers, do you buy Tylenol or just generic acetaminophen? There are people who don't know any better who will always go with the brand name over the generic because they actually don't realize there is no difference.
Secondly, I disagree with your second argument. I don't think it's as easy as saying "so really its complicated legislation you have trouble with, I don't know what else you expect a corporation to do, we just need to make the laws loophole free." first of all, that loophole isn't there by accident. It's there because the pharmaceutical lobby is incredibly powerful. And more to the point, I think there's culpability to be had by the companies for engaging in questionable practices like that. We hold individual people to a higher standard than that, don't we? We judge and condemn other people for doing things that aren't technically illegal but are still selfish or morally questionable. Hell, I bet you yell at people who, when their lane is ending on the highway merge as late as possible in heavy traffic to get ahead of everyone else (unless you are one of those people, in which case believe me, everyone else is yelling at you). But suddenly when drug companies use sleazy, but technically legal practices to artificially inflate drug prices, you say "Oh, well what do you expect a company to do?" Bullshit. I say the company should be held accountable to society for their actions, rather than holding the government accountable for not keeping a close enough eye on the company, (though that certainly should happen too).
And to back up my second post about "evergreening": In 2002, an extensive and lengthy inquiry by the US Federal Trade Commission (FTC), found that the Hatch-Waxman legislation or Drug Price Competition and Patent Term Restoration Act (which was instrumental in establishing the US generic pharmaceuticals industry) had resulted in as many as 75% of new drug applications by generic drug manufacturers experiencing legal actions under patent laws by the original brand name patent owner. These were driving up US drug costs by keeping the cheaper generic versions off the market.