[Ip-health] US Congress members want Thailand removed from "priority watch list"

[Ellen 't Hoen]

S00961820 - Scrip

US Congress members want Thailand removed from "priority watch list"

Henry Waxman and 34 other Congress colleagues are urging the office of the
US trade representative to remove Thailand from its special 301 "priority
watch list" and to abandon any further retaliation after the Asian country
decided to issue compulsory licences for a number of medicines.

In May, the USTR placed Thailand onto its "priority watch list", from the
less serious "watch list", for "weakening of respect for patents" and a
"lack of transparency and due process" in the issuance of the licences
(Scrip No 3256, p 20).

In 2006 and earlier this year, the Thai ministry of health issued
government-use compulsory licences to import and locally produce three
medicines to help save money. The products were two antiretrovirals, Kaletra
(Abbott's ritonavir plus lopinavir) and Stocrin (Merck & Co's efavirenz),
and the cardiovascular therapy Plavix (Bristol-Myers Squibb/Sanofi-Aventis's
clopidogrel).

However, in a letter to US Trade Representative Susan Schwab, Mr Waxman, who
is also chairman of the committee on oversight and government reform, and
his colleagues argue that Thailand acted within international rights and
obligations under the TRIPS Agreement, which have been affirmed by the US
and other nations in the Doha Declaration.

It says the USTR's decision "sends a troubling message, not only to Thailand
but to the whole world, that the exercise of recognised public health
flexibilities in trade obligations is frowned upon by the US".

The letter points out that each of the compulsory licences only applied to
the non-commercial government use, therefore Thailand was under no
obligation to consult with patent holders. However, Thailand did make
concerted efforts to negotiate lower prices with the patent-holders, it
adds.

It also adds that without the compulsory licences Thailand would not be able
to join other low to middle income countries in maintaining and expanding
its AIDS treatment programme.

Furthermore, the letter stresses that under the Doha Declaration, each
country "'has the right to grant compulsory licences and the freedom to
determine the grounds upon which such licences are granted.' Yet now, the US
appears to have acted on the complaints of Abbott and others."

big pharma
The letter was welcomed by activist groups. Robert Weissman, director of
Essential Action, said the letter "reflected growing sentiment in Congress
that US policy on access to medicines questions must change. The emerging
view is that developing countries must be permitted to take legal measures
to reduce the price of medicines and make them more widely available.

"These members of Congress recognize that the US government damages the
nation's commitments, reputation, aspirations and legitimate national
interest when it reflexively adopts Big Pharma's agenda overseas."

The USTR has been given until July 9th to respond to the letter.

Full Title: SCRIP - World Pharmaceutical News - http://www.scripnews.com