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

Tue Feb 13 09:03:01 2007

Thank you James

Tui


แสงศิริ ตรีมรรคา
มูลนิธิเข้าถึงเอดส์
48/282 เซ็นเตอร์เพลส สะพานสูง กทม. 10240
โทร. 02-372-2113 - 4 แฟกซ์ 02-372-2116
-------------------
Sangsiri Teemanka
AIDS Access Foundatio
48/282 Center Place Ramkamheang Rd. Sapansoong Bangkok 10240
Tel. 02-372-2113-4 Fax. 02-372-2116


----- Original Message -----
From: James Love <james.love@cptech.org>
To: Ip-health <ip-health@lists.essential.org>
Sent: Tuesday, February 13, 2007 7:59 AM
Subject: [Ip-health] Dr. Margaret Chan letter to Thai MOH regarding Thai CL

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
>
>
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