[Ip-health] Selected recent Thai & International coverage of Thai medicines policy

[Sarah Rimmington]

Index (all stories can be found below)

Stories March 12, 2008
1. The Nation(Bangkok): Soliciting of signatures to remove Health
minister continues
2. The Nation (Bangkok): Health minister does a licensing about-turn as
pressure mounts
3. Kaiser Daily HIV/AIDS Report: Drug Access/Thai Health Minister to
Maintain CLS Issued by the Country

Stories from March 11, 2008
4. The Nation (Bangkok): Cancer patients' lifeline: Chaiya backs down on
licensing
5. AFP: Thailand says will keep generic drugs for cancer treatment
6. WSJ: Thai Ministry to Recommend Ignoring Patents on Cancer Drugs
7. Bloomberg: Thailand to Buy Copies of Sanofi's Taxotere From Dabur Pharma
8. Fierce Pharma: Thai official backs off licensing fight

Story from March 10, 2008
9. Reuters: Thailand will override cancer drug patents


1. http://nationmultimedia.com/2008/03/12/national/national_30067965.php
March 12, 2008
Soliciting of signatures to remove Health minister continues
by Pongphon Sarnsamak
The Nation (Bangkok)

The Public Health Minister's decision to push ahead and implement the
recent compulsory licensing for cancer drugs will not stop civic groups,
health officials, and rural doctors from trying to remove him from the post=
.

"We can collect more than 10,000 signatures across country who agree
with us to oust Chaiya Sasomsub. We expect that within two weeks we
could collect up to 20,000 names, which would be enough to ask the Upper
House to impeach him," said Dr Kriengsak Watcharanukoolkiat, chairman of
the Rural Doctors Society.

He said even though Chaiya has reversed his decision not to cancel the
recent compulsory licensing, he is still guilty of creating damage to
the country and the morality of health officials, such as the unfair and
suspicious transfer of the chief of Food and Drug Administration (FDA),
Dr Siriwat Tiptaradol to the post of general inspector at the Public
Health Ministry.

Siriwat also worked on the previous government's compulsory licensing of
expensive HIV/Aids, cancer and heart treatments, which enabled poor
patients to have access to these drugs at much lower prices.

Siriwat said he will no longer act as the head of the committee to
negotiate price reductions with drug firms after he was transferred.

"The new FDA's chief will take charge this position," he said.

He said the previous Public Health Minister, Dr Mongkol na Songkla
maintained the chief of the FDA also had to head the committee for price
reductions with the drug firms. It would therefore be improper of him to
take this post.

However, Kriengsak said he would meet with the permanentsecretary, Dr
Prat Boonwongviroj to seek a resolution about the conflict between a
group of rural doctors and the Health Minister over the controversial
issue of Siriwat's unfair transfer.

2. http://nationmultimedia.com/2008/03/12/opinion/opinion_30067915.php
Health minister does a licensing about-turn as pressure mounts
Pongphon Sarnsamak
The Nation
Published on March 12, 2008

Under pressure from civic groups, Public Health Minister Chaiya Sasomsub
has abruptly decided to push ahead with the plan to temporarily suspend
the patent rights for cancer drugs.

The affirmation of the compulsory licensing policy will ease pressure on
the government even though Prime Minister Samak Sundaravej had already
indicated it might not continue the controversial compulsory licensing,
initiated under the previous, military-installed government.

When Chaiya first took office at the Public Health Ministry, he
announced that the recent imposition of compulsory licensing for cancer
drugs must be revised. He cited a confidential letter from the Ministry
of Commerce expressing concern that Thailand would be designated as a US
"Priority Foreign Country" for abusing intellectual property rights and
breaking patents on US products.

To support his idea of revising the compulsory licensing, Chaiya said
his predecessor, Dr Mongkol Na Songkla, had imposed the compulsory
licensing under a process not approved by the previous government.

He said the process to implement the compulsory licensing for cancer
drugs would affect international trade, especially with the US.

"We have to be careful about the enforcement of compulsory licensing for
essential drugs because I am afraid it will affect pharmaceutical firms
and our trade with other countries, and this will put Thailand in
trouble," he said.

The Surayud government was criticised by the US for shifting towards
inward-looking policies such as compulsory licensing, capital controls
and the amendment of the Foreign Business Act.

In line with his plan, Chaiya ordered the Food and Drug Administration's
chief, Siriwat Thiptharadol, who led the committee to negotiate for
price reductions with the drug firms, to report to the general
inspector. Chaiya complained to Siriwat that he was not following an
assignment to check up on contaminated imports of pork intestines and
energy drinks.

However, Chaiya's order backfired as the FDA's chief said it was unfair
and suspicious and that the minister should be transferred. This has
spurred some senior health officials, a group of rural doctors, academic
and civic groups, and a network of patients suffering from cancer,
kidney disease and HIV/Aids to protest against him and demand his ouster.

"We strongly disagree with the new health minister withdrawing the
enforcement of compulsory licensing for cancer drugs. If he still wants
to cancel, we will push him from his position," said Nimitr Tienudom,
who leads the Aids Access Foundation and a group of health activists.

The health activists began the campaign to oust him two weeks ago by
collecting 20,000 signatures necessary to ask the upper house to impeach
him. This number seems easy enough for civic groups to collect within a
two-month period.

This is perhaps why, on March 10, the minister suddenly decided to push
ahead with the implementation of compulsory licensing for cancer drugs,
originally imposed by Mongkol on January 4. This reversal of policy may
even save his position as health minister.

However, this is not guaranteed, as the civic groups have decided to
move to oust him due to his failure to practice good governance. This
may make him think again about how to be a good minister and how to work
for the protection of patients' benefits.


3. http://www.kaisernetwork.org/daily_reports/rep_index.cfm?DR_ID=3D50902
Drug Access | Thai Health Minister To Maintain Compulsory Licenses
Issued by the Country
[Mar 12, 2008]

Thailand's Public Health Minister Chaiya Sasomsap on Monday announced
that he will encourage the government to continue with its compulsory
license program, the Wall Street Journal reports (Zamiska, Wall Street
Journal, 3/11).

Chaiya early last month announced that he had invited a committee to
review the legality of compulsory licenses issued by former Thai Public
Health Minister Mongkol Na Songkhla. Mongkol had issued compulsory
licenses for the antiretroviral drugs Aluvia and Efavirenz, as well as
other medications. Chaiya later announced that Siriwat Thiptharadon,
head of Thailand's Food and Drug Administration and an engineer of the
former government's compulsory license program, had been removed from
his post (Kaiser Daily HIV/AIDS Report, 2/28).

Chaiya on Monday said, "The findings have convinced me to go ahead with
the compulsory licenses since the ministry's policy is to give patients
good access to quality drugs at cheap prices." He added that the
compulsory licenses on the cancer drugs included in Monday's
announcement would save the country more than three billion baht, or
about $100 million, over the next five years (Wong-Anan, Reuters, 3/10).
According to Suphan Srithamma, a spokesperson for the Ministry of Public
Health, the ministry planned to make its recommendation to the country's
Cabinet on Tuesday.

Teera Chakajnarodom, president of Thailand's Pharmaceutical Research and
Manufacturer's Association, condemned the decision, the Journal reports.
"This is not good for the country. The image of Thailand will drop
further," he said, adding, "They should bring back the image of Thailand
as a country that respects" intellectual property rights (Wall Street
Journal, 3/11).


4. http://nationmultimedia.com/2008/03/11/headlines/headlines_30067790.php
The Nation
DRUG POLICY
Cancer patients' lifeline: Chaiya backs down on licensing
http://nationmultimedia.com/2008/03/11/headlines/headlines_30067790.php
Published on March 11, 2008


The Public Health Ministry will push ahead with compulsory licensing for
cancer drugs, arguing the country could save up to Bt3 billion over five
years.

"The standpoint of the Public Health Ministry is to protect the benefits
of patients, not of business," Minister Chaiya Sasomsap said yesterday.

He was forced to reverse his initial policy, stated on his first day in
office, that he would end compulsory licensing for cancer drugs,
following political pressure for him to stick to the policy of the
previous government.

He said he had talked with Commerce Minister Ming-kwan Sangsuwan to seek
a solution to the controversial issue.

The Commerce Ministry will now have to negotiate with drug firms on pricing=
.

"I think it is over for us here. If the Commerce Ministry goes against
this imposition of compulsory licensing for fear of hurting Thailand's
international trade, then it is their duty to come up with other
protection," Chaiya said.

His predecessor, Dr Mongkol Na Songkla, on January 4 levied compulsory
licensing on foreign drugs to treat breast and lung cancer. They are
docetaxel, sold as Taxotere by Sanofi Aventis; erlotinib, sold as
Tarceva by Roche; and letrozole, sold as Femara by Novartis.

When Chaiya took over the ministry, he suddenly ordered health officials
to revise this policy to override drug patents. He cited a confidential
letter from the Commerce Ministry expressing concern that Thailand would
be designated as a priority foreign country for abusing intellectual
property rights and breaking patents on US products.

But the National Cancer Institute of Thailand and the Network of
Patients Suffering from Cancer reported that Thailand could save Bt3
billion over five years by using generic versions of the three cancer drugs=
.

The National Cancer Institute and others estimate there will be 12,000
new breast-cancer cases this year and 14,400 new cases in 2012.

5. http://afp.google.com/article/ALeqM5gOxQvMibywiKAEpuw3IlUSk-Y9vA
Thailand says will keep generic drugs for cancer treatment
March 11, 2008

BANGKOK (AFP) =97 Thailand's health minister said Tuesday he would keep a
controversial generic drugs program for cancer medicines, reversing his
earlier decision to review it for possible cancellation.

Public Health Minister Chiya Sasomsub's policy U-turn came as consumer
and health activists collected more than 20,000 signatures, a minimum
requirement for Thais to impeach a minister.

"We will go ahead with compulsory licences because we believe that all
Thai patients must have access to quality and affordable drugs," Chiya
said in a statement.

Under the generic drug scheme, Thailand's former military government
issued so-called compulsory licences, which temporarily suspend patent
protections for pricey medicines and allow production of cheaper and
copycat versions.

The army-backed government overrode patents for popular heart drug
Plavix and two key AIDS medicines -- Kaletra and Efavirenz -- and issued
compulsory licences on three cancer drugs in January shortly before it
left office.

Apart from the three cancer drugs -- Docetaxel, Letrozole and Tarceva --
the military government also struck a last-minute deal with drug giant
Novartis, which agreed to give its leukaemia medicine Glivec to Thai
patients for free.

But Chiya, who took office in early February, hinted the new government
might cancel compulsory licences for the cancer drugs, prompting
activists to campaign for his impeachment.

The health minister now said he supported compulsory licences for the
cancer drugs, adding the move could help the government save three
billion baht (95 million dollars).

The generic drug program has angered Western drug giants, which called
it an infringement on their intellectual property rights.

But activists have hailed it, saying it was a "beacon" for other
developing nations seeking cheaper medicines for the poor.

Saree Aongsomwang, a consumer activist who campaigned for the generic
drug scheme, welcomed Chiya's decision and urged him to expand it to
include more drugs.

"We are happy with the decision. We want him to expand the program to
include drugs for mental patients," she said.

Among the cancer drugs, Docetaxel treats lung cancer and Letrozole is
used for breast cancer. Tarceva is used for lung, pancreatic and ovarian
cancer.


6.
http://online.wsj.com/article/SB120515886199824251.html?mod=3Ddjm_HAWSJSB_W=
elcomeSkip
Thai Ministry to Recommend Ignoring Patents on Cancer Drugs
By NICHOLAS ZAMISKA
March 11, 2008; Page A16

Thailand's new health minister announced that he would urge the Thai
government to continue to ignore patents on several cancer drugs,
disappointing big pharmaceutical companies that had hoped Bangkok might
roll back a policy of overriding patents in the name of public health.

The drugs' makers include Roche Holding AG and Novartis AG of
Switzerland and Sanofi-Aventis of France.

Suphan Srithamma, a spokesman for the Thai health ministry, said that
Minister Chaiya Sasomsup has decided to support the previous
government's decision to ignore cancer-drug patents in a bid to cut the
cost of medicines for the Thai people. The health ministry will make its
recommendation to the Thai cabinet today, according to Dr. Suphan.

Thailand's previous health minister, Mongkol na Songkhla, decided in
early January to issue compulsory licenses (a policy that permits
lower-cost generics) for four drugs: Novartis's imatinib, also known as
Gleevec; Novartis's breast-cancer drug letrozole, whose brand name is
Femara; Sanofi-Aventis's docetaxel, marketed as Taxotere and used to
fight lung and breast cancer; and Roche's erlotinib, whose trade name is
Tarceva.

Novartis proposed that same month to offer Gleevec free to poor Thai
patients, possibly making a compulsory license unnecessary, according to
the ministry of health. A Novartis spokeswoman wasn't available for
comment. It wasn't clear how yesterday's decision would affect Gleevec,
given Novartis's apparent earlier concession.

Martina Rupp, a spokeswoman for Roche, based in Basel, said the Swiss
company's Thai subsidiary is currently in talks with the government "to
support greater access to medicines for Thai patients." Ms. Rupp added
that Roche "has been, and always will be, open to discussion and
dialogue with the appropriate authorities."

Jean-Marc Podvin, a spokesman for Sanofi-Aventis in Paris, said that his
company hasn't yet received definitive word from the Thai government,
but that "we still remain optimistic" about the negotiations. Mr. Podvin
added that Sanofi has "some concerns about the quality of the generic"
version of docetaxel, which had world-wide sales of =801.87 billion ($2.87
billion) in 2007, that would be used to replace Sanofi's drug in Thailand.

Teera Chakajnarodom, president of the Pharmaceutical Research and
Manufacturers Association -- the multinational drug industry's trade
group in Bangkok, which counts among its members the three European drug
companies whose patents are at stake -- condemned the Thai health
minister's move.

"This is not good for the country. The image of Thailand will drop
further," he said. "They should bring back the image of Thailand as a
country that respects" intellectual-property rights.

Ever since a bloodless military coup in Thailand in September 2006, the
military-installed government had been battling big pharmaceutical
companies, threatening to sidestep their patents on drugs for AIDS and
other diseases if they didn't drop the price of their medications. The
Thai government argued that since the country's poor population couldn't
afford the lifesaving drugs, and the government didn't have sufficient
funds to cover their cost, drug companies should put public health
before profit and cut the cost of the medications.

--James Hookway contributed to this article.

Write to Nicholas Zamiska at nicholas.zamiska@wsj.com


7. Thailand says will keep generic drugs for cancer treatment
March 11, 2008
Thailand to Buy Copies of Sanofi's Taxotere From Dabur Pharma
By Anuchit Nguyen

March 11 (Bloomberg) -- Thailand will buy a generic version of
Sanofi-Aventis SA cancer medicine Taxotere from India's Dabur Pharma
Ltd. because the copycat drug is 95 percent cheaper than the branded
product, a senior health official said.

The health ministry is also in talks with drugmakers to buy copies of
Roche Holding AG's Tarceva and Novartis AG's Femara cancer treatments,
Vichai Chokevivat, chairman of the Government Pharmaceutical
Organization, told reporters in Bangkok yesterday.

Thailand's democratically elected government, which took office last
month, is proceeding with the former military- installed regime's plan
to reassign pharmaceutical patents to third parties so that life-saving
medicines can be made available cheaper for the country's poorest patients.

Taxotere, whose chemical name is docetaxel, generated 476 million euros
($730 million) for Paris-based Sanofi in the fourth quarter.

To contact the reporter on this story: Anuchit Nguyen in Bangkok at
anguyen@bloomberg.net
Last Updated: March 10, 2008 21:18 EDT


8.
http://www.fiercepharma.com/story/thai-official-backs-off-licensing-fight/2=
008-03-11
Published on FiercePharma (http://www.fiercepharma.com)
Thai official backs off licensing fight
By admin
Created Mar 11 2008 - 7:59am


The brief ray of patent-respecting sunlight [1] from Thailand has gone
behind the old compulsory licensing cloud. A month ago, new Public
Health Minister Chaiya Sasomsab said he'd review the previous minister's
practice of overriding patents on some expensive cancer drugs so that
Thai patients could get cheap generic versions. One possible reason: The
country was getting pressure from Western trade officials. But now,
Chaiya says he'll press ahead with those compulsory licenses.

Why the about-face? Thai doctors, health activists, academics, and
patients pitched a fit, that's why. As soon as Chaiya announced his
willingness to reconsider sidestepping the patents on those
drugs--Novartis' Gleevec and Femara, Sanofi-Aventis' Taxotere, and
Roche's Tarceva--various groups put on the full-court press to change
his mind. The Rural Doctors Society even started circulating a petition
to get Chaiya impeached, a campaign the group says it will continue.

- see the Bangkok Post story
[2]- check out the article [3] in the Wall Street Journal

Related Articles:
Thailand reconsiders compulsory licenses. Report [4]
Thailand skirts Plavix patent. Report [5]
Thailand may bust cancer patents. Report [6]
Source URL:
http://www.fiercepharma.com/story/thai-official-backs-off-licensing-fight/2=
008-03-11

Links:
[1]
http://www.fiercepharma.com/story/spotlight-thailand-reconsiders-compulsory=
-licenses/2008-02-07
[2] http://www.bangkokpost.com/News/11Mar2008_news01.php
[3] http://online.wsj.com/article/SB120515886199824251.html?mod=3Ddjemperso=
nal
[4]
http://www.fiercepharma.com/story/spotlight-thailand-reconsiders-compulsory=
-licenses/2008-02-07
[5]
http://www.fiercepharma.com/story/spotlight-thailand-skirts-plavix-patent/2=
007-08-23
[6]
http://www.fiercepharma.com/story/also-noted-thailand-may-bust-cancer-paten=
ts-watson-scores-marketing-rights-depomed/2007-09-25


9. http://www.guardian.co.uk/feedarticle?id=3D7372278
Thailand will override cancer drug patents
Reuters
Monday March 10 2008

BANGKOK, March 10 (Reuters) - Thailand's new government will override
international patents on three cancer drugs, new Health Minister Chaiya
Sasomsap said on Monday after a month of protests against his review of
the controversial policy.

Chaiya, under pressure from health activists and doctors who campaigned
to have him sacked, said declaring compulsory licences on the drugs
would save Thailand more than 3 billion baht ($100 million) over the
next five years.

"The findings have convinced me to go ahead with the CLs since the
ministry's policy is to give patients good access to quality drugs at
cheap prices," Chaiya said of the review by a panel of Health Ministry
officials.

The decision is a blow to major pharmaceutical companies which had
lobbied hard to reverse the CL policy launched by the previous
government appointed after a bloodless 2006 coup.

The three drugs are Letrozole, a breast cancer medicine made by Novartis
AG, the breast and lung cancer drug Docetaxel by Sanofi-Aventis, and
Roche's Erlotinib, used for treating lung, pancreatic and ovarian cancer.

A licence issued on a leukaemia drug, Glivec, was cancelled last month
after its maker, Novartis, agreed to supply it free to hundreds of Thai
patients.

Shortly after a democratically-elected government took power in
February, Chaiya ordered the review of a policy he said was a
"politically correct decision, but not legally correct".

At the time he said the government could afford the full cost of the
drugs, if it meant avoiding trade retaliation by the United States, home
to some of the world's biggest drug firms.

U.S. officials denied there were any plans to impose sanctions on
Bangkok, although Thailand was placed on a watch list, meaning
Washington believed its respect for patents had weakened.

When Chaiya, a businessman with no medical training, fired the Health
Ministry's top official negotiating cheaper prices from foreign drug
firms, outraged health activists and doctors launched a campaign to
remove him.

Chaiya said on Monday the ministry would buy cheaper versions of the
cancer drugs from generic producers, such as Indian firms which already
supply copy-cat HIV-AIDS medicines to Thailand.

Under World Trade Organisation rules, countries can issue a compulsory
licence to make or buy generic versions of patented drugs deemed
critical to public health as long as the medicines are meant for
domestic use.

Former Health Minister Mongkol na Songkhla overrode Merck's AIDS drug
Efavirenz in late 2006, arguing that Thailand could not afford patented
drugs for a national health plan that covers about 80 percent of the
country's 63 million people.

A few months later he did the same on a Sanofi-Aventis heart medicine
and an AIDS drug made by Abbott Laboratories, which refused to register
several new medicines in Thailand.

Mongkol, who targeted the four cancer drugs weeks before he left office,
has defended the CL policy against major drug firms which accused him of
stealing their intellectual property rights. ($1=3D 30 Baht)

(Reporting by Nopporn Wong-Anan; Editing by Darren Schuettler)

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