[Ip-health] Dr. Margaret Chan letter to Thai MOH regarding Thai CL

[James Love]

Sangsiri Teemanka had tried to post this earlier, but ip-health does
not accept binary files.  Thiru kindly copied the text into a format
we could post.  Jamie

http://www.cptech.org/blogs/ipdisputesinmedicine/index.html

Dr. Margaret Chan to Dr. Mongkoi Na Songkhla regarding Thai CL

The following is the text of a February 7, 2007 letter sent by Dr.
Margaret Chan, the DG of the World Health Organization, to Dr.
Mongkol Na Songkhla, the Thailand Minister of Public Health. The
letter is an apology for comments at a briefing at the Thai National
Health Security Office, which led to newpaper reports in Thailand
suggesting the WHO was critical of the Ministry of Health's recent
decisions to issue compulsory licenses on three drugs. An image on
the letter is available here (page 1, page2).

http://www.keionline.org/misc-docs/chan2songkhla_page1.png
http://www.keionline.org/misc-docs/chan2songkhla_page2.png

World Health Organization

20, Avenue Appia CH-12
GENEVA 27
SWITZERLAND
TEL CENTRAL +41 22 791 2111
FAX CENTRAL +41 22 791 3111

Tel direct: +41 22 791 2797
Fax direct: +41 22 791 4846

In reply please refer to: DGO

Mr. Mongkol Na Songkhla
Minister of Public Health
Ministry of Public Health
Royal Thai Government
Tivanond Road
Nonthaburi 11000
Thailand

7 February 2007

Dear Minister,

It was a pleasure to meet you last week in Bangkok, and I must
express my deep appreciation to you and your staff for the warm
welcome, hospitality and great efficiency demonstrated throughout my
brief visit to Thailand.

It was a great honour for me to have an audience with His Majesty the
King, and with her Royal Highness Princess Maha Chakri Sirindhorn, in
her capacity as Chair of the Board of Trustees and President of the
of the Prince Mahidol Award Foundation.

I was particularly impressed with the field visit, which provided me
with an opportnity to witness the work of dedicated health
professionals and the community in Khon Kaen and Nam Phong. The pride
and professionalism of the staff and the support of the community was
obvious and most encouraging.

I also appreciated the opportunity to hear mote about the work of the
National Health Security Office and the National Health Promotion
Foundation. I was pleased to witness the commitment of the Royal Thai
government to universal coverage with effective health care services,
and to the health of the people of Thailand. I welcome the increasing
budget for the universal coverage scheme, which I know understand
amounts to close to 2,000 baht per person per year, and includes
treatment for people with HIV/AIDS with antiretrovirals.


Minister of Public Health, Thailand Page 2

I deeply regret that my comments at the close of the briefing at the
National Health Security Office were misrepresented in the media, and
may have cause embarrassment to the government of Thailand. They
should not be taken as a criticism of the decision of the Royal Thai
government to issue compulsory licences, which is entirely the
prerogative of the government, and fully in line with the TRIPS
agreement.

Thailand is making good progress towards increase [sic] budget
allocations for health, while simultaneously control [sic] rising
health care costs with greater efficiency. Medicines are a
substantial element of health care costs, and it is entirely
appropriate and necessary for the government of Thailand to find
means of reducing these costs to ensure sustainable financing of
health care.

As I mentioned in the recent Executive Board, I firmly believe that
the pharmaceutical industry-generic manufacturers and R&D companies
are part of the solution. I am committed to dialogue with industry to
find ways of ensuring that access to high quality essential medicines
is not limited by cost considerations. I am equally committed to
dialogue with people who suffer from HIV/AIDS and other conditions,
and with civil society groups and NGOs.

WHO unequivocally supports the use by developing countries of the
flexibilities within the TRIPS agreement that ensure access to
affordable, high quality drugs. This includes the use of compulsory
licensing, as described in paragraph 6 of the Doha Declaration of the
TRIPS Agreement and Public Health. The decision whether to issue a
compulsory license for a pharmaceutical product is a national one.
There is no requirement for countries to negotiate with patent
holders before issuing a compulsory licence. As a global community we
need to ensure the right balance between the immediate and urgent
pressing need to provide affordable medicines to the many that need
them, and the need for provide continuous incentives for innovation.
It is in this regard that I noted that prior negotiations with
industry is a pragmatic approach that may ensure countries have
access to high quality medicines at affordable prices.

Where there are urgent needs, the bottom line is that people need
access to medicines.

I trust this clarifies the position of WHO concerning compulsory
licensing of medicines, and I look forward to further opportunities
to discuss these important issues with you in the future.


Yours faithfully,

Dr. Margaret Chan
Director-General


cc: The Minister of Foreign Affairs of Thailand, Bangkok
Permanent Mission Thailand to the United Nations Office at Geneva and
the Specialized Agencies in Switzerland