[Ip-health] Govt urged to challenge giant pharma firms

[Joana Ramos]

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Joana

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http://www.bangkokpost.com/News/22Nov2007_news04.php

Thursday, November 22, 2007

							 Govt urged to challenge giant pharma firms

                Withholding of drugs 'violates trade laws'

                                                APIRADEE TREERUTKUARKUL

                                                A US law expert has urged the government to take legal action against giant pharmaceutical
firms that withdrew new drugs from the Thai market in response to
compulsory licensing moves, saying the measure violates international
trade laws. Brook Baker, a law professor at Northeastern University's
programme for human rights and global economics in Boston, yesterday
said at a seminar on compulsory licensing that such drastic action by
big pharmaceutical firms violated sections 25 and 28 of the Trade
Competition Act.

 Section 25 stipulates restrictions against market dominance and
section 28 details controls of parent companies' influence on decision
making of their subsidiaries on certain issues.

 ''Withdrawal of the drug is truly outrageous. To withhold
life-saving medicines from the market in retaliation for lawful
flexibilities is not only unjustifiable, it is abusive, immoral and
unconscionable. An international tribunal court should decide on
this,'' he said.

 US pharmaceutical giant Abbott Laboratories removed the
registration of its heat-stable version of an antiretroviral drug under
the trade name Aluvia with the Food and Drug Administration for use in
Thailand after the government in January announced a policy to override
patents of three Aids and heart drugs sold under the trade names
Efavirenz, Kaletra and Plavix.

 The Pharmaceutical Research and Manufacturers Association
previously warned that the compulsory licensing policy could affect
future research and development plans in the country.

 Mr Baker, who wrote an article entitled ''Pharma's Seven Deadly
Lies about Thai Compulsory Licences in Thailand,'' criticised Abbott
Laboratories for threatening to withdraw any new drugs from any country
imposing compulsory licensing policies. He also criticised the Office
of the United States Trade Representative (USTR) for putting Thailand
on the Priority Watch List for intellectual property violations and
removing some Generalised System of Preferences (GSP) duty free
privileges.

 ''USTR violated human rights to health and the Trade Act of
2002 by failing to honour its commitment to uphold the Doha
Declaration. The Bush administration totally ignored US citizen polls
giving the nod for people in developing countries to access life-saving
medicines,'' he said.

 The expert on human rights and global economics said there were
no limits on the diseases or illnesses that justify compulsory licences
(CL) and that the CL policy in developing countries such as Thailand
would not affect any pharmaceuticals firm's overall profits. This was
because Asia, Africa and Latin America, where most developing nations
are located, accounted for a small fraction of 12% of total global
sales.

 Saree Ongsomwang, manager of the Foundation for Consumers, said
consumer protection activists filed a petition with the Internal Trade
Department to investigate possible violations by overseas drug firms
over recent months. The case has already been finalised by a sub-panel
set up to oversee the issue, but the result has been kept confidential.

 Meanwhile, Public Health Minister Mongkol Na Songkhla said
Novatis has promised to supply a cancer medicine for free if the
country halts its drive to expand its generic drug programme.

 He said the firm made the offer during talks over its
cancer-fighting drug Imatinib.

 If a deal can be reached, the government could provide
unlimited amounts of the drug through its universal health care scheme,
he said. Imatinib currently costs as much as 100,000 baht ($2,950) per
patient per month.

 ''Novartis proposed to us to give free Imatinib without
condition and limit in amount and time. We are in the final process of
discussion,'' he said.He said talks with two other drugmakers on
cheaper prices for cancer drugs were also making progress

---------------------------------
Joana Ramos, MSW
Cancer Resources & Advocacy
Seattle WA USA
+1-206-229-2420
http://ramoslink.info/
www.healthyskepticism.org

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