[Ip-health] Urgent deadline Thai/compulsory licensing sign-on letter for U.S. orgs and individuals

[Sarah Rimmington]

The deadline is Tuesday (tomorrow) at 5pm EST. I've heard from very,
very few of you. We are looking for U.S. organizational endorsements and
key individuals (eg. academics) to sign on.

Regards,
Sarah

-------- Original Message --------
Subject: =09[HEALTHGAP] Urgent Thai/compulsory licensing sign-on letter
Date: =09Fri, 15 Feb 2008 13:04:47 -0500
From: =09robert weissman <rob@ESSENTIAL.ORG>
Reply-To: =09Healthgap List <HEALTHGAP@LISTSERV.CRITPATH.ORG>
To: =09HEALTHGAP@LISTSERV.CRITPATH.ORG



Dear Friends,

Thailand is now reviewing the recently granted but not yet implemented
compulsory licenses on three cancer drugs. The policy review in Thailand
is being improperly influenced by threats from PhRMA, the U.S.
brand-name pharmaceutical industry trade association, which says it will
push the U.S. Trade Representative to impose trade sanctions if Thailand
implements the licenses. This threat has no basis in U.S. law or
political reality.

The fast-turnaround sign-on letter pasted below, addressed to the new
Thai minister of health, makes this point.

Organizations and persons in the United States who would like to sign
on, please reply to Sarah Rimmington,
<srimmington@essentialinformation.org>, by Tuesday, February 19, 2008 at
5 PM Eastern time. Because of the nature of the letter, we are only
seeking signatures from people and groups in the U.S.

For more background on the Thai compulsory licenses, see items here:

<http://www.essentialaction.org/access/index.php?/archives/73-Access-to-Med=
icines-in-Thailand-Interference-by-the-United-States.html>


and here:

<http://www.ftawatch.org/cgi-bin/content/newse/list.pl>

Best,

Robert Weissman,
Essential Action

Dear Minister Chaiya Sasomsab,

According to news accounts in the Thai press, the Thai government is
reviewing a series of compulsory licenses for cancer drugs issued by the
previous government, but not yet implemented. We support the
implementation of these licenses, because they offer the prospect of
making essential medicines available to people who need them but
otherwise will be denied access.

News accounts we have seen report that PhRMA, the U.S. brand-name
pharmaceutical industry trade association, has threatened that, if
Thailand implements the compulsory licenses on cancer drugs, it will
lobby to have Thailand designated a "Priority Foreign Country" under the
Special 301 process.[1] This designation poses the possibility of
accompanying trade sanctions.

Although PhRMA is a powerful lobby, Thailand should not take this recent
threat seriously. It has no basis in U.S. law or political reality.
Thailand should conduct its policy review of the compulsory licenses on
the merits, without regard to PhRMA's empty bluster.

As a matter of U.S. law, the U.S. Trade Representative (USTR) may
designate a country a Priority Foreign Country if it has "the most
onerous and egregious acts, policies, and practices which have the
greatest adverse impact (actual or potential) on the relevant U.S.
products."[2] Since there is little doubt that Thailand's actions are
compatible with its obligations under TRIPS, a point that USTR has never
disputed, USTR could not make such a designation.

As a matter of normal practice around the Special 301 process, it is
important to note that PhRMA routinely asks for more than it has any
hope of achieving. In 2006, for example, PhRMA requested that Canada and
Germany be designated Priority Foreign Countries,[3] a request USTR of
course rejected. So the threat that PhRMA is going to push for Priority
Foreign Country status is much less significant than it may seem.

There are other political realities that the Thai government should take
into account in assessing the seriousness of PhRMA's threat. The
pharmaceutical industry is held in shockingly low regard by the U.S.
public. A recent poll found only 11 percent of the U.S. public believes
the pharmaceutical industry to be "generally honest and trustworthy."[4]

Additionally, each of the three leading U.S. presidential contenders is
much more critical of the industry than the current president. Hillary
Clinton has emphasized her support for the Doha Declaration on the TRIPS
Agreement and Public Health and has pledged to "support trade policies
that protect and expand poor countries=92 right to affordable,
quality-assured generic drugs for important health needs."[5] Barack
Obama likewise has emphasized that he "supports the rights of sovereign
nations to access quality-assured, low-cost generic medication to meet
their pressing public health needs."[6] John McCain has not issued a
policy statement on these matters, but he has been very critical of the
brand-name pharmaceutical industry, recently characterizing the
companies as "the big bad guys."[7]

Thus, regardless of who is the next U.S. president, it is certain that
the next U.S. administration will be much less responsive to
pharmaceutical industry interests than the current administration; and
it is likely the case that the next administration will affirmatively
support efforts in developing countries to speed the introduction of
generic competition to make essential medicines available. U.S. policy
changes are already underway; the New Trade Policy, worked out between
the Congress and the Bush administration provides much more latitude to
U.S. trading partners on access to medicines-related policies than has
previously been the case.[8]

The world has looked to Thailand as a leader in ensuring that essential
medicines are made available to people who need them. The compulsory
licenses issued over the past year have shown that developing countries
have lawful policy tools available at their disposal to overcome patent
barriers to making life-saving medicines accessible. We hope that the
government maintains this policy. But whatever it does should be decided
on the merits, not influenced by the reprehensible but groundless
threats from PhRMA.

Sincerely,



[1] Phusadee Arunmas, "Thailand Could Face Sanctions After Lobbying by
Drug Firms," Bangkok Post, January 31, 2008.

[2] 19 USC 2242 (b).

[3] PhRMA 2006 Special 301 Submission, available at:
<http://international.phrma.org/archives/phrma_2006_special_301_submission>=
.

[4] The Harris Poll #107, November 1, 2007, "Oil, Pharmaceutical, Health
Insurance, Managed Care, Utilities and Tobacco Top the List of
Industries That Many People Think Need More Regulation," available at:
<http://www.harrisinteractive.com/harris_poll/index.asp?PID=3D825>.

[5] "Clinton Announces Plan to Fight HIV/AIDS At Home And Abroad,"
November 27, 2007, available at <
http://www.hillaryclinton.com/news/release/view/?id=3D4392>.

[6] "Barack Obama: Fighting HIV/AIDS Worldwide," available at:
<http://www.barackobama.com/pdf/AIDSfactsheet.pdf>.

[7] John Distaso, "Romney, McCain Clash on Illegal Immigration,"
Manchester Union-Leader, January 6, 2008, available at: <
http://www.unionleader.com/article.aspx?headline=3DRomney%2C+McCain+clash+o=
n+illegal+immigration&articleId=3D0691e300-20ec-495c-8cbf-f692481f81de>.

[8] Congress and Administration Announce New Trade Policy, U.S. House of
Representatives Way & Means Committee (news release), May 11, 2007,
available at: <http://waysandmeans.house.gov/news.asp>.

=3D=3D=3D=3D=3D=3D

HEALTHGAP is a public list. To post, send to healthgap@critpath.org. To sub=
scribe, unsubscribe, or for help with your account, send an email to info@h=
ealthgap.org

www.healthgap.org




--
Sarah Rimmington
Attorney
Essential Action, Access to Medicines Project
Washington, DC
Tel: (202) 387-8030
Cell: (202) 422-2687
www.essentialaction.org/access/




--
Sarah Rimmington
Attorney
Essential Action, Access to Medicines Project
Washington, DC
Tel: (202) 387-8030
Cell: (202) 422-2687
www.essentialaction.org/access/