[Ip-health] EU Opposes Cheap Medicines for AIDS in Thailand
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Alexandra.HEUMBER@brussels.msf.org
Alexandra.HEUMBER@brussels.msf.org
Thu Aug 30 12:44:40 2007
EU Opposes Cheap
Medicines for AIDS in Thailand =0D=0DEU Opposes Cheap Medicines for AIDS i=
n
Thailand =0D=0DIPS : EU Opposes Cheap Medicines for AIDS in Thailand
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From: Alexandra HEUMBER <Alexandra.HEUMBER@brussels.msf.org>
To: ip-health@lists.essential.org
Date: Thu, 30 Aug 2007 11:29:04 +0200
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<FONT face=3D3D"Default Sans Serif,Verdana,Arial,Helvetica,sans-serif" size=
=3D
=3D3D2><DIV><A href=3D3D"http://www.ipsnews.net/news.asp?idnews=3D3D39047" =
target=3D
=3D3Dblank>http://www.ipsnews.net/news.asp?idnews=3D3D39047</A></DIV><DIV>&=
nbsp=3D
;</DIV><P><B><FONT face=3D3D"Default Sans Serif,Verdana,Arial,Helvetica,san=
s-=3D
serif" color=3D3D#000000 size=3D3D2>HEALTH:<BR>EU Opposes Cheap Medicines f=
or A=3D
IDS in Thailand </FONT><I><BR><BR></I><FONT face=3D3D"Default Sans Serif,Ve=
rd=3D
ana,Arial,Helvetica,sans-serif" color=3D3D#000000 size=3D3D2>David Cronin</=
FONT=3D
></B> <FONT face=3D3D"Default Sans Serif,Verdana,Arial,Helvetica,sans-serif=
" =3D
size=3D3D2><BR><P><B>BRUSSELS, Aug 28 (IPS) - The European Union's top trad=
e =3D
official has called on Thailand to revise its efforts to provide cheap medi=
=3D
cines to people with AIDS over concerns that the country could be undermini=
=3D
ng global rules on intellectual property.</B></P><DIV>Since last year, Thai=
=3D
land has issued compulsory licenses on several patented medicines to ensure=
=3D
that they are made available at more affordable prices than they would oth=
=3D
erwise be. <BR><BR>Although the Bangkok government insists that it is entit=
=3D
led to take such steps under rules set by the World Trade Organisation (WTO=
=3D
), its actions have been criticised by Peter Mandelson, the European commis=
=3D
sioner for trade. <BR><BR>In a letter, seen by IPS, Mandelson expressed con=
=3D
cern that Bangkok "may be taking a new approach to access to medicines" by =
=3D
stating that if drug companies wish to do business in Thailand, they should=
=3D
offer their drugs for no more than 5 percent above the cost of generic ver=
=3D
sions of the products in question. <BR><BR>"This approach would be detrimen=
=3D
tal to the patent system and so to innovation and the development of new me=
=3D
dicines," Mandelson said. "It risks forcing more drug companies to abandon =
=3D
their patents and could lead to the isolation of Thailand from the global b=
=3D
iotechnology investment community." <BR><BR>In a 2001 declaration issued in=
=3D
Doha, Qatar, the WTO stated that intellectual property rules should not ha=
=3D
mper countries from addressing public health emergencies. <BR><BR>While Man=
=3D
delson said he supported that declaration, he claimed that it does not "app=
=3D
ear to justify a systematic policy to apply compulsory licenses whenever me=
=3D
dicines exceed certain prices." He called on Thailand to consider entering =
=3D
into direct discussions with companies holding the rights on particular dru=
=3D
gs, rather than threatening to overrule those patents. <BR><BR>Dated Jul. 1=
=3D
0, Mandelson's letter was addressed to Krirk-krai Jirapaet, the Thai minist=
=3D
er of commerce. <BR><BR>In a reply, the minister said that both WTO rules a=
=3D
nd Thailand's 1991 Patents Act allows government agencies to use compulsory=
=3D
licenses without prior authorisation from the patent holders. <BR><BR>Mand=
=3D
elson's letter is likely to irk members of the European Parliament (MEPs). =
=3D
<BR><BR>Next month, the Parliament's committee on international trade will =
=3D
consider a request by the European Commission, the executive arm of the EU,=
=3D
to approve a WTO accord designed to allow poor countries lacking productio=
=3D
n capacity to address public health emergencies by importing cheap generic =
=3D
versions of patented drugs produced under a compulsory licence. <BR><BR>The=
=3D
committee said last month that it was reluctant to rubberstamp this accord=
=3D
, as its provisions are regarded as too unwieldy to bring tangible benefits=
=3D
to the poor. Since the accord's provisions were drawn up in 2003, Rwanda h=
=3D
as been the only country to notify the 151-nation WTO of its intention to u=
=3D
se it. <BR><BR>Swedish Green MEP Carl Schlyter described Mandelson's letter=
=3D
as "counterproductive". <BR><BR>He argued that the European Commission has=
=3D
been trying to ensure that compulsory licences are only used by countries =
=3D
classified as 'least developed' by the United Nations, rather than by any p=
=3D
oor and middle-income country facing serious health problems. <BR><BR>"The =
=3D
Commission fails to understand the purpose of the compulsory licensing syst=
=3D
em," he told IPS, adding that the executive "should be happy" that Thailand=
=3D
has been making use of the flexibilities applying to intellectual property=
=3D
rules. <BR><BR>Thailand has an estimated 600,000 people who are HIV positi=
=3D
ve and has recorded some 300,000 deaths from AIDS. <BR><BR>In November last=
=3D
year, it decided to break a patent on Efavirenz, an AIDS treatment manufac=
=3D
tured by the U.S. firm Merck Sharp and Dohme. <BR><BR>During 2007, it has o=
=3D
verruled patents on Kaletra, another AIDS drug, made by Abbott. It has also=
=3D
announced its intention to begin importing Indian-made generic versions of=
=3D
Plavix, a blood-thinner used in treating heart disease, made by Sanofi-Ave=
=3D
ntis. <BR><BR>Vichai Chokvivat, chairman of the Thai state-run drug firm, t=
=3D
he Government Pharmaceutical Organisation, said earlier this month that Pla=
=3D
vix is too expensive for most of his compatriots. <BR><BR>At the moment, Pl=
=3D
avix costs 70 baht (2 dollars) per pill. The Thai authorities are hoping th=
=3D
at this will be reduced to one baht (3 cents) per pill, once generic versio=
=3D
ns are imported to the country. <BR><BR>Compulsory licenses have been deeme=
=3D
d especially important in ensuring that AIDS patients have access to 'secon=
=3D
d-line' treatments in cases where they have displayed a resistance to drugs=
=3D
previously prescribed to them. In 2006, the World Bank predicted that the =
=3D
Thai government's resort to compulsory licenses would reduce the cost of se=
=3D
cond-line drugs by 90 percent, saving the country 3.2 billion dollars over =
=3D
20 years. <BR><BR>The humanitarian organisation M=3DE9decins Sans Fronti=3D=
E8re=3D
s (MSF) has protested at Mandelson's calls on Thailand to negotiate with pa=
=3D
tent holders, rather than issue compulsory licences. <BR><BR>Tido von Schoe=
=3D
n-Angerer, director of MSF's access to medicines campaign, said that this c=
=3D
all "blatantly ignores basic public health safeguards" agreed at WTO level.=
=3D
<BR><BR>MSF refuted Mandelson's claim that violating patents can have nega=
=3D
tive consequences for innovation of new medicines. According to the organis=
=3D
ation, this claim has been disproved by a 2006 report from the World Health=
=3D
Organisation's Commission on Intellectual Property Rights, Innovation and =
=3D
Public Health. <BR><BR>"This report shows that even with increased patent p=
=3D
rotection in developing countries, desperately needed innovation for diseas=
=3D
es that primarily affect people in developing countries has not increased,"=
=3D
said von Schoen-Angerer, who urged the Commission to take no further actio=
=3D
n against Thailand. (END/2007)<DIV align=3D3Dcenter><A class=3D3Dpie href=
=3D3D"/c=3D
opyright.shtml" target=3D3Dblank>Copyright =3DA9 2007 IPS-Inter Press Servi=
ce. =3D
All rights reserved.</A></DIV></DIV><DIV><BR> </DIV></FONT><DIV> =
=3D
</DIV><DIV><BR> </DIV><DIV><BR><BR>Alexandra Heumber<BR>EU A=
=3D
dvocacy Liaison Officer<BR>M=3DE9decins Sans Fronti=3DE=
8res=3D
<BR>Access to Essential Medicines Campaign<BR>Rue =
=3D
Dupr=3DE9, 94. 1090 Brussels<BR>++32 (0) 2 47=
4&=3D
nbsp;75 09 (Dir off)<BR>++ 32 (0) 479 51=
=3D
4 900 (Mob)<BR>++ 32 (0) 2 474 75 7=
=3D
5 (Fax)<BR></DIV></FONT>=3D