[Ip-health] Re: [thaifta] the latest comment from the US on
the CL issue
michael.davis@law.csuohio.edu
michael.davis@law.csuohio.edu
Thu Mar 20 06:49:03 2008
I don't see how "unilateral action would be impermissible." The U.S. does
this all the time against countries all of whom are fully in compliance
with WTO rules.
Perhaps I've missed something.
Mickey Davis
> It goes without saying that the U.S. "unofficial" statement is a near
> total
> repudiation of both the letter and the spirit of the Doha Declaration.
> However, the U.S. is very careful not to say that the compulsory licenses
> violate the TRIPS Agreement, just was it was careful to say earlier that
> it
> was not contemplating a WTO complaint against Thailand. Not only is such
> a
> TRIPS-violation position legally preposterous, such a position would also
> limit the U.S. to pursuing WTO complaint procedures rather than unilateral
> Special 301 procedures under Panel Report, United States-Section 301-310
> of
> the Trade Act of 1974, WT/DS152/R (Dec. 22, 1999). Accordingly, the U.S.
> statement is carefully worded to challenge Thailand's "unfortunate" C.L.
> policy and to recommend that it instead adopt an "improved environment for
> innovation through enhanced respect for intellectual property rights."
>
> The irony at present is that the U.S. would have to actually resort to WTO
> consultations and dispute resolution if it thought that TRIPS was actually
> being violated. Under these circumstances, unilateral retaliation would
> be
> impermissible. However, since the U.S.T.R. is claiming mere
> disappointment
> about Thailand's utilization of TRIPS-compliant flexibilities and about
> Thailand's alleged failure to adopt enhanced TRIPS-plus IPR protections to
> ensure continued investments in medicines, it is free to act unilaterally
> as a Pharma bully. The U.S. further obscures the actual significance of
> Thailand's CL's by its wrap-around concerns about IPR enforcement in
> Thailand.
>
> The U.S. has also been cagey in allowing the juxtaposition of last year's
> withdrawal of duty-free Generalized System of Preferences advantages for
> $1
> billion of Thailand imports to the U.S. to create the impression that
> these
> withdrawals were a retaliatory response to the earlier CLs. As many other
> commentators have noted, however, Thailand's growing strength as an
> economy
> and as an exporter will gradually result in fewer and fewer GSP
> privileges,
> irrespective of alleged IPR concerns. Moreover, it is important to note
> that this elimination of duty-free status has not resulted in the loss of
> $1 billion in exports, but merely added a duty of approximately $55
> million, raising competitive pressure on Thai exporters and potentially
> reducing some of their profits.
>
> Nonetheless, the U.S. uses GSP-withdrawal juxtapositions, Special 301
> status, and expressions of concern about Thailand's CL policy as coercive
> tools of political pressure and disinformation. To these "public"
> efforts,
> it adds backroom meetings and secret cables and obscure threats of
> disappointment in Washington.
>
> According to official U.S. policy, Indian heart medicines should be
> embargoed in warehouses in India rather than be exported to tens of
> thousands of patients who would benefit from a generic version costing
> 1/70
> the price of the brandname Plavix product. The thousands of patients
> living with AIDS should go without lower cost efavirenz and
> lopinavir/ritonavir. And cancer patients should simply die, subject only
> to the unilateral whim of pharmaceutical executives 12,000 miles away who
> will decide how much money they can squeeze from the Thai government and
> from the private pockets of Thai patients. Fortunately, an international
> coalition of activists continues to fight this morally repugnant collusion
> of state and corporate power.
>
> Professor Brook K. Baker, Health GAP
> Northeastern U. School of Law
> Program on Human Rights and the Global Economy
> 400 Huntington Ave.
> Boston, MA 02115
> 617-373-3217 (office)
> 617-259-0760 (cell)
>
>
>
> Kannikar
> KIJTIWATCHAKUL
> <kakablue@yahoo.c To
> om> ip-health
> Sent by: <ip-health@lists.essential.org>,
> thaifta-owner@lis thaifta lists
> ts.riseup.net <thaifta@lists.riseup.net>
> cc
>
> 03/18/2008 07:34 Subject
> AM [thaifta] the latest comment from
> the US on the CL issue
>
>
>
>
>
>
>
>
>
>
> Dear All,
> below is the email to a Thai journalist sent by a
> trade counsellor of US embassy.
>
> ................
>
> The statement I forwarded was not a formal release.
> It is the latest comment from the United States
> government on the CL issue. We do not have anything
> more to add at this time. We will keep you updated
> should there be more.
>
> here is the latest on the CL issue.
>
> We view the compulsory licensing issue as a very
> serious matter, and part of a broader set of important
> concerns about the protection of intellectual property
> rights in Thailand. We would consider a decision by
> the new Thai Government to sustain Thailand's recent
> policies in this area to be unfortunate. We
> understand that Thailand faces significant public
> health challenges. We hope that Thailand will pursue
> policies that achieve public health objectives while
> also creating an improved environment for innovation,
> including through enhanced respect for intellectual
> property rights. Strong intellectual property rights
> are critical to assure continued investments in
> life-saving medicines.
>
> Please let us know if you have any further questions
> and we will do our best to track down a response."
> ..................
>
> Regards
> Kannikar
>
>
>
>
>
> 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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Mickey Davis
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