Abhisit warns US on drugs patent issue

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Abhisit warns US on drugs patent issue

Govt committed to universal health policy

Published: 5/03/2009 at 12:00 AM
Newspaper section: News

The prime minister has assured a visiting US business delegation that Thailand's compulsory licensing of essential drugs complies with the World Trade Organisation's agreement on intellectual property.

Abhisit Vejjajiva also warned the delegation of greater pressure from society to expand compulsory licensing (CL) if US authorities chose to downgrade Thailand's trade status for not giving intellectual property rights appropriate protection.

Mr Abhisit yesterday met with US ambassador Eric John and senior representatives of the US Asean Business Council (USABC) and explained Thailand's stance on the CL issue.

He said the government paid close attention to intellectual property protection and consulted the private sector when considering imposing CL on medicines.

The government strictly adheres to World Trade Organisation (WTO) regulations on intellectual property and considered other possible channels which would allow access to cheap drugs.

These included price negotiations with drug firms, he said.

CL allows a government to produce a patented product or process without the consent of the patent owner. It comes under the WTO agreement on intellectual property to give developing countries greater access to drugs.

"I have sent a clear signal," Mr Abhisit said. "If the US decides that the situation has worsened, I think it will produce a negative impact.

"There will be pressure from our society to expand CL if they treat us that way."

The prime minister said he would develop this position when negotiating with US authorities.

The CL policy on drug and intellectual property protection was one of seven points raised by USABC representatives during the meeting at Government House.

Mr Abhisit said he told the delegation his government was obliged to implement a universal health care policy and had used CL as a last resort over the past two years.

He said he hoped bilateral cooperation would create a better understanding and would be considered when the US reviews a plan to put Thailand on its Priority Watch List of trade partners that will be monitored to "encourage and maintain" effective intellectual property rights protections.

The Public Health Ministry yesterday made clear its position to the Commerce Ministry on the need to continue the CL policy.

"The Public Health Ministry will enforce CL only when necessary by consulting with the private sector especially the Pharmaceutical Research and Manufacturers Association," the ministry said in a letter sent to the Intellectual Property Department yesterday.

The department on Feb 24 asked the ministry not to add to the drugs granted CL. The call was seen as an attempt by the Commerce Ministry to convince the US to upgrade Thailand's trade status as talks between the two countries are set to take place next week in Washington.

Former public health minister Mongkol na Songkhla criticised any attempt to link trade benefits with the well-being of people. Dr Mongkol enforced CL when he was in the government led by Gen Surayud Chulanont.

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Greg

Discussion 6 : 05/03/2009 at 09:27 PM6
I can't help but laugh. Here Thailand is breaking the law (just walk down Sukhumvit and you'll see DVDs of movies that just started playing) and they are trying to "warn" the US about America actually wanting to enforce the drug law. It would be funny if it weren't so typically Thai...
Richard Holliday

Discussion 5 : 05/03/2009 at 09:03 PM5
IP efforts in thailand have been short of commendable (but not worthy of placement on a Watch List) in the area of medicines, but you do what you believe is best for your country. Most people in thailand could never afford the US prices for medicines.....truth is, most still can't afford them after CL is invoked. Enuf said about drugs......Thailand should be penalized in the area of IP piracy specifically for the VCD, CD, DVD trade. It is unbelieveable that I can walk into any mall in the Prathumnak shopping area and purchase (order from a "catalog of sorts") any movie 3-14 days before it opens in the Theatres. Don't understand why law enforcement is unable to deal with these little "unreleased dvd kiosk" sellers since the "catalog" remains in plain sight for all customers to use. Duuuuh! I imagine even the police know which movies are out and which haven't been released...... Guess David Lee Roth is still right after all these years...."Everybody wants some.....I want some too."
thore

Discussion 4 : 05/03/2009 at 04:41 PM4
Large transnational corporations like Monsanto, DuPont and others have been investing into biotechnology in such a way that patents have been taken out on indigenous plants which have been used for generations by the local people, without their knowledge or consent. The people then find that the only way to use their age-old knowledge is be to buy them back from the big corporations. In Brazil, which has some of the richest biodiversity in the world, large multinational corporations have already patented more than half the known plant species. (Brazil is estimated to have around 55,000 species of flora, amounting to some 22% of the world's total. India, for example, has about 46,000.)
Cartoon depicting impact of food patents where poor lady finds her traditional plants and herbs unknowingly patented and can no longer be used
Bubba

Discussion 3 : 05/03/2009 at 12:06 PM3
All countries should break the stranglehold these laws have on people's lives. People should be able to access medicine, in particular at low cost or not cost and not risk health or life because of the greed of a few.

And those not supporting the current government should aside their politics if this comes to a head.
Amazing Thailand

Discussion 2 : 05/03/2009 at 09:15 AM2
I fail to understand how foreign pharmaceutical companies can be seen as being responsible for the well-being of Thai people. It is the responsibility of the Thai government which should subsidize the drug prices.

What would protect Thais more - cheap medicine or 6 new fighter jets ?

Thai government doesn't want to spend the money to protect it's citizens and instead steals from foreign companies. It is playing the all-so-polular Evil Foreigners -card here and the public is all too happy to agree.

You can't just take something you want and say you'll pay 5% of the asking price.

Thailand has not protected the IP rights at all. Everyone can walk into Puntip Plaza and buy any imaginable software or movie title. Right next door in Platinum Mall you can get all the brand name copy clothes you can desire.

The US is treating Thailand the way it deserves to be treated. Abhisit is reacting like a typical Thai - instead of admitting to his own shortcomings, he blames others for the consequences of his own inaction.

Everyone knows the police and influential people are deeply involved in the pirated goods trade. This includes the US.

The US is Thailands largest trade partner. Especially in this current economic situation Thailand can ill afford losing trade. It is time to finally start getting rid of corruption that is paralyzing this country.

If not now, then when ?
slow hand luke

Discussion 1 : 05/03/2009 at 05:40 AM1
let mr abhisit also know for a fact Americans are also demanding the USA government to stop all military(FUNDING ) aid from USA to thailand..Americans are against the military being brutal murders as we seen in past ..
mr abhist may caution his waring as his country is nearing abyss

Abhisit warns US on drugs patent issue