Too late to "break" Gilead patent/Roche license?

from thebusiness: But with the demand for Tamiflu outstripping supply, the world waits to see whether its assurance of “patents [not] standing in the way of producing the drug for mankind” is acted on without economic discrimination. Patents for drugs can be broken by governments in the interest of national security and while this has yet to happen, if it were it is unlikely it would come in time.