Shalala asked by Bangkok HIV patients and public health workers to investigate ddI pricing

[James Love <love@cptech.org>]

I highly recommend reading these two stories from last September,
both from english language Thai newspapers.

They are about a protest by Thai HIV patients and 
public health groups on the issue  of compulsory 
licensing of essential medicines.  

http://www.cptech.org/ip/health/cl/bangkokpost.html

http://www.cptech.org/ip/health/cl/nation.html


I only recently saw the Bangkok Post article, and saw an interesting 
item. The HIV patients and public health workers have asked Secretary 
Shalala to investigate the pricing of ddI, a US government funded 
drug.  The US government has effectively prevented Thailand from
using compulsory licenses for ddI, and has also given a legal monopoly
on the drug to Bristol-Myers Squibb, the company that licensed the 
US governments patent for ddI (NIH sponsored all clinical trials
that were used for ddI FDA approval, and holds the patent on the 
drug).  

Apparently Shalala has been asked to investigate the reasonableness
of the ddI price, which seems appropriate, since her department
is responsible for the policy of making this drug so expensive that
it is not available under public health programs in Thailand.

There is a lot at stake.  As the HIV patients said at the protect, 
"we will be unable to purchase the drug and may die,"
unless something is done.  We are asking Shalala's office to 
tell us what they are doing in response to this petition.

People who are involved in the Thai ddI/compulsory licensing
dispute will be at the March 25-7 meetings in Geneva, where
they will directly raise these issues before a world audience.

  Jamie


Bangkok Post Sept 5, 1998 - NGOs rally against patent law changes 

BANGKOK POST (MAIN SECTION): PAGE 02 
NGOs rally against patent law changes: Call on US to stop 
pressuring Thailand

Anjira Assavanonda

[snip]

Another petition was submitted to Donna Shalala, secretary to the Health
and Human Services Department, calling on the
agency to investigate the consumer price for ddI (didanosine), a US
government-patented drug used in the treatment of
HIV- /Aids. The drug was licensed on an exclusive basis to one company,
Bristol-Myers Squibb.

According to this petition, Thailand can obtain ddI for 50 baht for a
100mg tablet, while the standard regime of ddI for an
average Thai adult with HIV/Aids is two 100-mg tablets twice a day. This
means a patient will have to spend 200 baht per
day.

The protesters compared ddI to AZT, which is listed as an essential
drug, and is available at a cheaper price to many Thai
Aids sufferers through government or private insurance programmes.
Unlike AZT, ddI is available only from
Bristol-Myers Squibb, and it is so expensive that it is not included on
the list of essential drugs. The drug is not covered by
public health insurance.

"If Bristol-Myers Squibb, which has not paid for the research and
development of the drug, is permitted to maintain its
monopoly on ddI and permitted to charge high prices, we will be unable
to purchase the drug and may die," said the
protesters.

  [snip]
 
-- 
James Love, Director, Consumer Project on Technology
I can be reached at love@cptech.org, by telephone 202.387.8030,
by fax at 202.234.5176. CPT web page is http://www.cptech.org