[Pharm-policy] Bangkok Post: Compulsory ddI licensing seen unlikely

[James Love]

Forwarded from healthgap list.  A Thai Government official, Dr. Somsong
Rukphao, is quoted as saying the US government letter to the NGO group
is a "a diplomatic way of answering such issues", and he is further
quoted as saying he does not believe issuance of a compulsory license
will *not* result in trade sanctions.  

I guess years of trade pressures were not easily reverse by the NGO
letter.  I think we have to go back and tell the Clinton/Gore
administration that it is time to actually support the issuance of a CL
for ddI in Thailand, and stop beating around the bush.  How many more
years will this take?   

   Jamie

----------------------
Subject: Compulsory ddI licensing seen unlikely
     Date: Wed, 2 Feb 2000 11:18:31 -0500 (EST)
    From: richard@atdn.org (Richard Jefferys)
      To: Multiple recipients of list <healthgap@CritPath.Org>


Bad news from Thailand? Several other new articles have also been added
to
the Health GAP Coalition website at www.healthgap.org

http://www.bangkokpost.com/today/020200_News14.html

February 2, 2000

HIV / AIDS

Compulsory ddI licensing seen unlikely

Ministries prefer to negotiate drug price

Aphaluck Bhatiasevi and Woranuj Maneerungsee

The Ministry of Public Health yesterday insisted it will not opt for
compulsory licensing of the Aids drug didanosine (ddI) because it is
uncertain about the effect this could have on international trade
agreements.

Somsong Rukphao, head of the ministry's communicable diseases control
department, said the ministry is firm about enabling people with
HIV/Aids to get maximum access to necessary drugs, but would opt 
for negotiations rather than enforcing compulsory licensing.

Dr Somsong said he remains unconvinced enforcement of compulsory
licensing under the Thai patent law will not result in trade 
sanctions.

He said a letter sent recently by the US trade representative to Paisal
Tan-ud, chairman of the Network of People with HIV/Aids in Thailand, was
merely "a diplomatic way of answering such issues".

"It is natural for them to say that they won't interfere with our
internal law enforcement procedures provided it does not violate 
international trade agreements," he said.

In his reply to Mr Paisal, assistant US trade representative Joseph S.
Papovich said the United States will not raise objections if the Thai
government is determined to issue compulsory licensing to address its
health care crisis, provided it complies with the World Trade Agreement
on Intellectual Property Rights (Trips).

Both the public health and commerce ministries are still to officially
react to the USTR's letter.

Senior officials of both ministries remain uncommitted, saying they are
still to see a copy of the letter.

The officials also expressed great caution in pursuing the issue for
fear of US retaliation.

Ddi, produced by the US-based pharmaceutical giant Brystol-Myers Squibb,
is sold at 41 baht a tablet, a price which the HIV/Aids network claims
the
majority of patients cannot afford.

The Commerce Ministry's intellectual property rights department is yet
to reply to a Jan 17 enquiry from the Health Ministry on the possibility
of
compulsory licensing according to Article 51 of the intellectual
property rights laws of the World Trade Organisation (WTO), which
permits
compulsory licensing of products which will benefit the masses.

"It is clear the Commerce Ministry is against enforcing compulsory
licensing," said a senior commerce official who requested anonimity.

He said Bristol-Myers Squibb is not expected to give in without a fight
and
that even though Thailand can count on backing from other developing
countries which have a serious Aids situation, the company and the US
government are likely to defend themselves even more strongly.

"They don't want the ddI case in Thailand to set a precedent for other
countries to follow," the official said.

Goanpot Assavinvichit, the deputy commerce minister, told reporters
earlier that talks on a compromise should be initiated, as this could
possibly result in bringing down the price per tablet of ddI from 41 
baht to 31 baht.

Aids activist Jon Ungphakorn said the NGOs and the Network of People
with HIV/Aids will continue to push for compulsory licensing of the
drug.

He said the NGOs and HIV/Aids network feel that the Health Ministry's
decision to opt for production of powdered form of ddI will not result
in the drug being accessible to the larger portion of people with HIV.

For the Government Pharmaceutical Organisation to be able to manufacture
the drug in powder form-as stated by Health Minister Korn Dabbaransi-at
a cheap price, the ministry will have to acquire the drug in bulk
quantities, Mr Jon said.

He said it is unlikely that the ministry will purchase from the
state-run drug manufacturing plant, as Bristol-Myers Squibb, the patent 
holder of ddI, has already said it is willing to sell the drug to the 
ministry at a cheaper price.

----------------------------
AIDS Treatment Data Network
611 Broadway, Suite #613
New York, NY 10012
Tel: (800) 734-7104
Fax: (212) 260-8869
E-mail: network@atdn.org
Internet: aidsinfonyc.org/network


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Consumer Project on Technology | mailto:love@cptech.org 
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