[Ip-health] Senators Lieberman, Menendez, Lautenberg, Carper and Feinstein write USTR on behalf of patent owners

[James Packard Love]

This letter, written by 5 U.S. Senators on behalf of pharmaceutical
patent owners, is an attack on the Thailand compulsory licensing
decisions.  It was apparently circulated by Lieberman, the lead
signature.   Jamie

* we do not believe that WTO members intended those [TRIPS] rules to
be used to allow compulsory licenses on any medicine whatsoever as a
matter of standard government policy, especially without any
meaningful prior consultation with the patent holders

*  We believe such policies could also have harmful consequences for
patients.  In bypassing the current legal suppliers of these
products, Thailand is taking risks with both the safety and
dependability of the drug supply.  Moreover, Thailand=92s actions raise
grave concerns about the investment climate in Thailand.

http://www.keionline.org/misc-docs/liebermanplus4.pdf

United States Senate
Washington, DC 20510

March 20, 2007

The Honorable Susan F. Schwab
United States Trade Representative
600 17th Street, Northwest
Washington, D.C. 20508

Dear Ambassador Schwab,

=09We write to express concern about plans of the Royal Thai Government
to significantly expand its program of compulsory licensing of
innovative U.S. pharmaceutical products.

=09In November 2006, the Thai Ministry of Public Health began to seek
compulsory licenses for pharmaceutical products developed by U.S.
companies.  Recent action by the Thai Ministry of Public Health
demonstrate its intent to expand this compulsory licensing program to
include nearly a dozen medications to treat high cholesterol and
other conditions wholly unrelated to any urgent public health issue.

=09We strongly support WTO rules that recognize the rights of countries
to consider actions, including compulsory licensing, to address
urgent public health needs, such as those resulting from HIV/AIDS,
tuberculosis, malaria and other pandemics.  But we do not believe
that WTO members intended those rules to be used to allow compulsory
licenses on any medicine whatsoever as a matter of standard
government policy, especially without any meaningful prior
consultation with the patent holders.

=09Strong protection for intellectual property rights is critical for
America=92s innovative economy.  Thailand=92s actions appear to
constitute a governmental policy to expropriate patents on all manner
of innovative medicines not used to address urgent public health
needs.  That will harm the U.S. research-based industry that supports
more than two million workers.  Without a strong response by the U.S.
government, we are concerned that respect for intellectual property
rights worldwide will diminish.

=09We believe such policies could also have harmful consequences for
patients.  In bypassing the current legal suppliers of these
products, Thailand is taking risks with both the safety and
dependability of the drug supply.  Moreover, Thailand=92s actions raise
grave concerns about the investment climate in Thailand.


PAGE 2

=09We ask you to encourage the Royal Thai Government to consult with
out innovative companies to achieve a positive outcome, which ensures
a continued focus on improving the health of Thai patients and
preserves strong intellectual property protection.

=09Thank you for your consideration of this important issue.

=09=09=09=09=09Sincerely,


=AC=AC=AC=AC=AC=AC=AC_______________________________=09=09_________________=
__________
Senator Joseph I. Lieberman=09=09=09=09Senator Thomas R. Carper



_______________________________=09=09____________________________
Senator Robert Menendez=09=09=09=09Senator Dianne Feinstein



_______________________________
Senator Frank Lautenburg

----------------------------------------------
James Packard Love
Knowledge Ecology International
http://www.keionline.org
james.love@keionline.org
Washington, DC +1.202.332.2670

"If everyone thinks the same: No one thinks." Bill Walton"