[Ip-health] Note: EU confirms legality of Thai medicines policy; denies threatening WTO litigation

[James Love]

I might have headlined this, EU confirms it is asking Thailand to not
use legal TRIPS flexibilities to promote access to medicine.   EU
acknowledges it doesn't have a WTO case, but wants Thailand to use CL as
"last resort."   TACD will likely ask the EC (and USTR) for information
about the exchanges with Thailand on this topic.  Jamie


On Wed, 2008-03-12 at 11:40 -0400, Sarah Rimmington wrote:
> Briefing Note: EU confirms the legality of Thai generic medicines
> policy; denies threatening WTO litigation
> March 12, 2008
> Sarah Rimmington, Essential Action
>
>
> Reports have recently appeared in the Thai and international media that
> the European Union is planning to file a case against Thailand at the
> World Trade Organization (WTO) because of the issuance of seven
> compulsory licenses -- which authorize the use of generic copies of
> patented medicines -- for important treatments for HIV/AIDS, heart
> disease and cancer.[1] French pharmaceutical company Sanofi-Aventis and
> Swiss companies Novartis AG and Roche hold five of the seven patents
> licensed by the Thais.
>
> European Union representatives say these allegations are untrue.
>
> Asked if the EU was considering a WTO challenge, an EU official stated
> that the European Union has made never threatened a challenge, does not
> plan a challenge, and acknowledges that Thailand's actions are
> WTO-compliant.
>
> The official issued the following comment:
>
> "The Commission has been in constant contact with the Thai authorities
> and has stressed that compulsory licensing, while allowed by the WTO
> rules, should be regarded as a last resort option and that negotiations
> and collaboration with pharmaceutical companies should be sought. The EU
> is hoping that this will be the line of the new Government. However, it
> is clear that the Commission has never threatened WTO litigation on
> compulsory licensing for medicines."
>
> Interested reporters can contact the EU Spokesperson=E2=80=99s Service in
> Brussels. See http://ec.europa.eu/dgs/communication/contact_en.htm for
> more information.
>
> Similar reports surfaced in February that the United States was on the
> verge of filing an action against Thailand at the WTO because of the
> compulsory licenses. On February 29, Inside U.S. Trade reported that the
> Office of the United States Trades Representative denied that a case
> against Thailand was being considered.[2]
>
>
> [1] See, for example, "EU to Ask WTO to Rule on Thailand's Drug
> Licensing," The Nation (Bangkok), March 10, 2008,
> <http://nationmultimedia.com/2008/03/10/national/national_30067692.php>
> and "Thailand to maintain patent override policy," PharmaTimes, March
> 11, 2008, <http://www.pharmatimes.com/WorldNews/article.aspx?id=3D13035>.
>
> [2] "USTR Not Preparing Case Against Thailand For Compulsory Licenses,"
> Inside U.S. Trade, February 29, 2008,
> <http://www.essentialaction.org/access/index.php?/archives/120-USTR-Not-P=
reparing-Case-Against-Thailand-For-Compulsory-Licenses.html>.
>
>
> --
> Sarah Rimmington
> Attorney
> Essential Action, Access to Medicines Project
> Washington, DC
> Tel: (202) 387-8030
> Cell: (202) 422-2687
> www.essentialaction.org/access/
>
>
> _______________________________________________
> Ip-health mailing list
> Ip-health@lists.essential.org
> http://lists.essential.org/mailman/listinfo/ip-health
>
--
_____________________________
James Love, Knowledge Ecology International (KEI)
http://www.keionline.org, mailto:james.love@keionline.org
voice +1.202.332.2670, fax +1.202.332.2673, US mobile +1.202.361.3040, Gene=
va mobile +41.76.413.6584