[Ip-health] Activists want panel's decision on Aluvia drug reviewed

[Kannikar KIJTIWATCHAKUL]

Activists want panel's decision on Aluvia drug
reviewed

APIRADEE TREERUTKUARKUL
Bangkok Post, Friday January 18, 2008

Health and consumer activists will ask the
Administrative Court to look into the Internal Trade
Department's decision not to take legal action against
the US pharmaceutical giant Abbott Laboratories for
alleged violations of trade laws.


Abbott cancelled the registration of the heat-stable
version of an anti-retroviral drug with the trade name
Aluvia with the Food and Drug Administration for use
in Thailand after the government announced a policy to
override patents of three Aids and heart drugs last
January.


Activists say the move violated sections 25 and 28 of
the Trade Competition Act.


Section 25 stipulates restrictions against market
dominance and section 28, controls on parent
companies' influence on decision making by their
subsidiaries.


They petitioned the Commerce Ministry's panel on trade
competition to look into the matter.


The panel ruled on Dec 27 that Abbott's decision to
withdraw the registration of Aluvia was legitimate.


About 50 people living with HIV/Aids and consumer
protection activists rallied at the Commerce Ministry
yesterday urging the Internal Trade Department
director-general and the panel's secretary Yanyong
Phuangrach to review the decision.


"I was surprised by the panel's decision. They should
have prioritised health problems caused by HIV/Aids
and consider essential life-saving drugs as a special
case rather than protecting the benefits of big
pharmaceutical business," said Saree Ongsomwang,
manager of the Foundation for Consumers.


She said the network of patients, health activists,
and consumer groups would ask the Administrative Court
to look into the panel's ruling in favour of big
pharma if the department refuses to revise its ruling.



Ms Saree said during an hour-meeting with Mr Yanyong
that Abbott's removal of Aluvia registration for
distribution in Thailand could violate provisions of
the constitution regarding fair trade competition and
consumer rights protection.


Aids Access Foundation chairman Nimit Tienudom
petitioned the panel to reveal details of its decision
concerning Abbott's removal of Aluvia registration.


He also proposed the appointment of neutral academics
to sit on the trade competition panel since most panel
members are from corporates and that any decision
could be biased.


Mr Yanyong said that the panel's ruling was based on
the Trade Competition Act and that it was fair and
final. Those who disagreed with the panel decision
could take the case to the Administrative Court.


He said the market value of local pharmaceutical
products was about 74 billion baht whereas Aids drugs
and second-line anti-retroviral treatment were worth
only 2.7 billion and 1.3 billion baht respectively.


The market value of Aluvia alone was considered too
small to cost market dominance as claimed by the
consumer rights group, he said.


Most of the 12,000 HIV-positive people who have
developed resistance to first-line anti-retroviral
treatment need second-line Aids drugs, namely Kaletra
and its heat-stable form Aluvia, both produced by
Abbott.


The firm offered to cut the price of Kaletra to $1,000
(32,500 baht) per patient per year on condition that
the ministry. revoke its compulsory licensing policy.


The ministry rejected the offer and went ahead with
bypassing the drug patent.


It has imported the first lot of Aluvia from India's
generic drug maker Matrix Laboratories, enough for
8,000 HIV-positive patients for six months.
..............

Group wants action against Abbott over drug moves
The Foundation for Consumers has filed a petition with
the Ministry of Commerce asking it to revise a
decision by its trade competition committee - because
it failed to act against Abbott Laboratories for
withdrawing life-saving drugs from the Thai market.

The Nation, 18 January 2008




Foundation manager Saree Aongsomwang said: "We expect
the committee to revise its judgement to protect the
country's interests and the right to access essential
drugs to save patients' lives, ahead of the benefit of
a big company," she said.


The move follows a decision by the committee last
month that Abbott's actions did not contravene trade
laws because the new drugs had never been marketed
here before and not selling them in Thailand would not
restrict trade competition.


The committee also said it had not found any Thai
consumers who had bought the drug directly from
Abbott's parent company in the United States or people
who were using the drug here.


Earlier, Abbott withdrew seven life-saving drugs from
sale in Thailand in apparent retaliation for the
Surayud government imposing compulsory licensing on
its Aids anti-retroviral cocktail Kaletra.


Last April, the foundation and several non-government
organisations lobbying for patients' rights to access
patented medicines filed a complaint against Abbott
with the trade competition committee.


Saree and 80 health advocates gathered in front of the
Ministry of Commerce yester-day and presented the
petition to the Commerce Minister.


They claimed the pharmaceutical company had violated
the Competition Act by restricting access to a
medicine readily available internationally.


The act says that a company with any form of business
relationship with another entity outside Thailand


shall not restrict the opportunity to purchase goods
or services from outside the Kingdom.


Saree said she and her colleagues were now studying
legal procedures, and if possible, she would take the
case to the Administrative Court also.


She hoped to file a legal petition to the court within
the next two weeks.





Kannikar KIJTIWATCHAKUL (Kar)
Access to Essential Medicine Campaigner
MSF Belgium - Thailand Mission,
522 Mooban Nakorn Thai 14,
Ladphrao Soi 101/1,
Bangkapi, Bangkok 10240
Tel (+66) 2370 3087
Fax (+66) 2731 1432
Mobile (+66) 85-070-8954


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