[Pharm-policy] USTR sends new letter to Thailand - decision on CL is "one for Thailand to make"

[James Love]

The White House has just provided a letter that was send an hour ago to
Thailand.  The new letter, which was requested by CPT, Act Up, MSF and
the other members of the Health Gap Coalition, tells the Thai government
that the US will raise no objection to the issuance of a TRIPS compliant
compulsory license, and that the decision to issue such a license is
"one for Thailand to make."  We have a hard copy, will be scanning this
in for the web, so people can get a facsimile that includes the USTR
letterhead and Joe Papovich's signature.   Without going into the
details, I will say that the Office of the Vice President was very
helpful in getting this letter out the door.  

  Jamie Love 


<-------------------begin USTR letter--------------------->

                EXECUTIVE OFFICE OF THE PRESIDENT
        OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
                     WASHINGTON, D.C. 20508


                    Jan 27 2000


Mr. Paisan Tan-Ud                                 
Chairman of PHA Network of Thailand

Dear Mr. Paisan Tan-Ud:

I am writing in response to your letter to President Clinton
regarding efforts to improve access to treatment and care for HIV
positive Thai citizens.  We recognize and support the Government
of Thailand's goal of extending effective health care to all its
citizens-including people now living with AIDS.  This is a goal
we fully endorse and believe can be achieved while providing
appropriate protections for intellectual property.

As the President announced last December in his speech to the WTO
ministerial, and the Vice President reiterated in his January
speech at the United Nations Security Council, the United States
is committed to helping developing countries gain access to
affordable medicines, including those for HIV/AIDS.  As a result,
the United States will ensure the application of U.S. trade law
related to intellectual property remains sufficiently flexible to
respond to public health crises.

We encourage Thai officials to explore all options for extending
access to effective treatments, including ongoing direct dialogue
with pharmaceutical manufacturers.  But the final choice is one
for Thailand to make. 

If the Thai government determines that issuing a compulsory
license is required to address its health care crisis, the United
States will raise no objection, provided the compulsory license
is issued in a manner fully consistent with the WTO Agreement on
Trade Related Aspects of Intellectual Property Rights (TRIPS).

We share with the Government of Thailand a belief that access to
modern pharmaceuticals can be enhanced in a manner that assures
the safety and efficacy of the drugs, preserves intellectual
property rights, and promotes the worldwide pursuit of newer,
more effective medicines.

                         Sincerely,

                         Joseph S. Papovich
                         Assistant U.S. Trade Representative for
                         Services, Investment and Intellectual
                         Property


<------------------end  USTR letter--------------------> 
-- 
James Love, Consumer Project on Technology
P.O. Box 19367        | http://www.cptech.org
Washington, DC 20036  | mailto:love@cptech.org
Voice 1.202.387.8030  | fax 1.202.387.8030