[Ip-health] Ambassador Susan Schwab, USTR response to James Love of KEI's letter in regards to Thailand's legal issuance of a compulsory license on a patented medicine.

[julie.patel@keionline.org]

February 8, 2007. Ambassador Susan Schwab, United States Trade
Representative response to James Love of KEI's letter in regards to
Thailand's legal issuance of a compulsory license on a patented medicine.

Here is the link to the letter (in .pdf)

http://www.cptech.org/ip/health/c/thailand/schwab_letter.pdf


Here is the text:


Dear Mr. Love:

Thank you for your letter commenting on the recent announcement by the
Thai Government regarding the issuance of a compulsory license on a
patented medicine. I understand that members of my staff have met with you
to discuss your concerns.

Your letter assumes a level of detail about the U.S. Government's legal
analysis and policy engagement on this issue that is at odds with our
actual handling of the matter. The Thai Government's decisions regarding
the management of that country's serious HIV/AIDS crisis require our
respect and discretion. We have acted accordingly.

Our trade policy dialogue with Thailand will continue to emphasize the
importance of effective intellectual property protection as an element in
that country's effort to strengthen its investment climate and promote
economic development. We will continue to stress the importance to
Thailand of abiding fully by its WTO olbligations, but will do so within
the context of a full respect for the DOHA Declaration and for Thailand's
ability to make appropriate use of the flexibilities embodied in WTO
rules.

We will continue to monitor this issue, taking into account your views and
those of other stakeholders. Thank you for providing your input on this
critical issue.

Sincerly,

Susan C. Schwab