[Random-bits] KEI Statement on USTR 301 list reference to Thailand

[James Packard Love]

KEI Statement on USTR 301 list reference to Thailand

"The sanctioning of countries for using legitimate and important =20
flexibilities in the TRIPS agreement brings shame to all U.S. =20
citizens who are increasingly seen in Thailand and elsewhere as =20
bullies and hypocrites."

The following is the statement of  James Love, Executive Director,  =20
Knowledge Ecology International

+1.202.332.2670, mobile +1.202.361.3040, james.love@keionline.org
USTR's 2007 Special 301 list panders to a handful of trade =20
associations and special interests.  One example of this concerns the =20=

entry on Thailand.  USTR says:

-----
"in late 2006 and early 2007, there were further indications of a =20
weakening of respect for patents, as the Thai Government announced =20
decisions to issue compulsory licenses for several patented =20
pharmaceutical products. While the United States acknowledges a =20
country=92s ability to issue such licenses in accordance with WTO =20
rules, the lack of transparency and due process exhibited in Thailand =20=

represents a serious concern."
-----

In 2001, the U.S. government signed the Doha Declaration on TRIPS and =20=

Public Health, which said:

-----
"the [TRIPS] Agreement can and should be interpreted and implemented =20
in a manner supportive of WTO Members' right to protect public health =20=

and, in particular, to promote access to medicines for all.  In this =20
connection, we reaffirm the right of WTO Members to use, to the full, =20=

the provisions in the TRIPS Agreement, which provide flexibility for =20
this purpose."
-----

What Thailand has done is to follow through with the 2001 Doha =20
Declaration mandate.  What the Bush administration has done is to =20
sanction Thailand for doing what it is supposed to do: "promote =20
access to medicines for all."

The Thai compulsory licenses are highly transparent, with long, =20
detailed explanations and briefings for the company and the public.  =20
They are far more transparent than the uses of compulsory licenses by =20=

the U.S. or other high-income countries.
What is not transparent is the incredibly arbitrary and political =20
process that creates the 301 list.  Since Thailand is acting legally, =20=

the USTR makes vague allegations that while Thailand has the =20
"ability" under the WTO rules to issue such licenses, there was =20
something undefined that the USTR cannot or will not explain that was =20=

worth citing on the 301 list.  If Thailand actually did something the =20=

U.S. claims is contrary to U.S. trade policy, the USTR should at =20
least be able to explain it.  What is the "due process" for the 301 =20
list?   We should not be giving the impression to the world that U.S. =20=

pharmaceutical industry lobbyists can use USTR to settle commercial =20
disputes, entirely outside of the framework of global trade rules.

The United States has issued compulsory licenses on patents at least =20
five times since last May, without any controversy, and the Italian =20
government has issued compulsory licenses on pharmaceutical patents =20
three times since 2005, including one in March of 2007.  Thailand is =20
being singled out entirely because the USTR and the Bush White House =20
were not willing to stand up to corporate lobbying from Merck, =20
Abbott, Sanofi and other PhRMA members.

The sanctioning of countries for using legitimate and important =20
flexibilities in the TRIPS agreement brings shame to all U.S. =20
citizens who are increasingly seen in Thailand and elsewhere as =20
bullies and hypocrites.

------------------
Attachment
The Page 27 entry on Thailand:

THAILAND
Thailand will be elevated to the Priority Watch List in 2007, =20
reflecting a concern that the past year has been characterized by an =20
overall deterioration in the protection and enforcement of IPR in =20
Thailand. The United States appreciates that many Thai law =20
enforcement officials continue to work, amid challenging =20
circumstances, to conduct actions against infringing activity. =20
However, these efforts appear not to have had a measurable effect on =20
piracy and counterfeiting rates, which remain unacceptably high. The =20
weak nature of Thailand=92s legislation governing optical disc media =20
constitutes a particular challenge in addressing the large scale of =20
pirated disc production. Book piracy, cable and signal theft, and =20
entertainment and business software piracy have likewise not been =20
addressed in a meaningful way. Production and distribution of =20
infringing copies of trademarked products, such as apparel and =20
footwear, also remain widespread. With respect to all of these areas, =20=

insufficiently deterrent legal penalties contribute to ongoing =20
infringement problems. In addition to these longstanding concerns =20
with deficient IPR protection in Thailand, in late 2006 and early =20
2007, there were further indications of a weakening of respect for =20
patents, as the Thai Government announced decisions to issue =20
compulsory licenses for several patented pharmaceutical products. =20
While the United States acknowledges a country=92s ability to issue =20
such licenses in accordance with WTO rules, the lack of transparency =20
and due process exhibited in Thailand represents a serious concern. =20
These actions have compounded previously expressed concerns such as =20
delay in the granting of patents and weak protection against unfair =20
commercial use for data generated to obtain marketing approval.

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James Packard Love
Knowledge Ecology International
http://www.keionline.org
james.love@keionline.org
Washington, DC +1.202.332.2670

"If everyone thinks the same: No one thinks." Bill Walton"