[Ip-health] Deputy USTR response to QFR on Thailand's CLs

[Sarah Rimmington]

Senator Ron Wyden (D-OR) submitted a Question for the Record on
Thailand's compulsory licenses for medicines to Deputy US Trade
Representative-nominee Miriam Sapiro after her confirmation hearing on
June 5, 2009.  The senator's staff has provided me their question, and
the nominee's troubling response, which I have pasted below.  I have
also asked for the entire set of QFRs and responses to be sent to me,
and if received I will share any other relevant questions and answers
with this list.
Regards,
Sarah

Question 3:

 In 2006, the Government of Thailand tried to issue a compulsory license fo=
r the AIDS drug Efavirenz as a way to increase generic competition, reduce =
costs, and improve public health. The Bush Administration opposed this poli=
cy, arguing that it violated patent protections.  How will you approach the=
se situations, where the interests of developing countries to act in the be=
st interest of public health, conflict with the desire of United States dru=
g makers' to keep patent protections?


A: I recognize the importance of protecting public health and ensuring acce=
ss to life-saving medicines in developing countries and, at the same time, =
that there are cases where the issuance of compulsory licenses raises legit=
imate concerns.  If confirmed, I will work with Congress to promote respect=
 for the Doha Declaration on the TRIPS Agreement and Public Health, which r=
ecognizes the right of WTO members to grant compulsory licenses in accordan=
ce with WTO rules.  At the same time, I will ensure that USTR carefully mon=
itors the use of compulsory licensing by our trading partners and takes act=
ion where appropriate to address any concerns that may arise.

With respect to Thailand, I agree with the Special 301 report, which urged =
Thailand to consider ways of addressing its public health challenges while =
maintaining a stable patent system that promotes investment, research and i=
nnovation.


--
Sarah Rimmington
Attorney
Essential Action, Access to Medicines Project
Washington, DC
Tel: +1 (202) 387-8030
Cell: +1 (202) 422-2687
www.essentialaction.org/access/