Thailand

1
Thailands fight for national sovereignty - the
issue of compulsory licenses

• Since coup Sept 2006, the new interim
  government issued compulsory licenses for three
  key drugs in the treatment of HIVAIDS and heart
  disease

2
Background to announcements of CL

• 2002 Thaksins new government introduces
  universal health care for 30 baht.
• 2002 Thailand developed ARV drug cocktail for 31
  per month (490 branded drugs). By 2006
  increasing need for second generation ARV drugs
  (WHO recommends seven, five of which are
  currently patented). Thailand has 20,000 new
  cases of HIVAIDs a year
• 2006 political social unrest with Thaksin
  regime nepotism, corruption, brutal suppression
  of muslim minority in South selling of Thai
  assets.

3

• Thaksin Government negotiated 8 FTAs by Sept.
  06 Thailand in 6th round of negotiations with US
  for FTA
• Much internal opposition to US negotiations
  within agriculture sector (jasmin rice patent
  fear) and health sector (TRIPS) the nature of
  the negotiations
• no public debate (as per Thai
  Constitution),
• negotiations were in English
• pressure for signing before lapse of US
  Trade
• Promotion Act (July 07)
• Thai FTA Watch website - strength of opposition
  to US FTA. http//www.ftawatch.org/autopage1/show_
  page.php?t14s_id47d_id47

4

• Strong networking networking between US Thai
  AIDS organizations Oct 06 Thai Network of
  People living with HIVAIDS conducted a campaign
  tour of 29 US cities at the time the 6th round of
  Thai-US FTA negotiations thru US AIDS
  Organizations support.
• History of US pharmaceutical industry via USTR
  meddling Thailand since 1985 - Susannah Markandya
  July 23, 2001 http//www.cptech.org/ip/health/c/th
  ailand/thailand.html

5

• The CL for Plavix (heart disease) is a strategic
  move as Thailand is in epidemiological
  transition as mortality rates from
  non-communicable diseases have over taken
  communicable diseases http//www.csmonitor.com/200
  7/0131/p07s02-woap.html
• http//www.searo.who.int/rdhome/rdreport99/rdrepo
  rt3.htm
• The CL for Plavix is taking the debate on public
  health emergencies re Doha declaration on TRIPS
  to another level - the first time a developing
  country used compulsory licensing to challenge
  patents for a 'life-style' disease one that is
  not for AIDS or an epidemic.

6
Public Health at Risk A US Free Trade Agreement
could threaten access to medicines in Thailand.
Oxfam Briefing Paper No 86
READ

• http//www.oxfam.org.uk/what_we_do/issues/healthbp
  86_thailand.htm
• Highlights stringent drug patent and marketing
  rules (that exceed WTO standards) being
  negotiated in Free Trade Agreement (FTA) between
  US Thailand, limiting competition and access to
  affordable medicines jeopardizing the future of
  the successful Thai HIV/AIDS treatment
  programmes, which relies on inexpensive generic
  drugs.

7
WHO ?an about face since WHO Commission on
Intellectual Property Rights Report

• New DG. Dr Chan, criticized Thailand for not
  negotiating with drug companies before issue of
  CL
• Reiterates crucial role of drug companies
• BUT WHY THE CRITICISM? USA makes extensive use
  of CL. has not negotiated with drug companies
  before CL inplace (James Love of Knowledge
  Ecology International) http//english.people.com.c
  n/200702/03/eng20070203_347301.html (Peoples
  Daily)
• Thailands move is in accordance with Doha
  Declaration on TRIPS CL ruling!

8
What role can PHMOz play?

• The issue of the sovereign right of states to
  utilize the Doha Declaration to secure access to
  medicines will continue
• Novartis has taken the Indian Govt to court
  will Abbott or Bristol Myers Squibb to takeThai
  Government to court, and WHO seems unduly
  influenced by US pharmaceutical co.
• The power of networking for petitions
• Contacting our Federal MPs re clarification of
  Australias commitment to Doha Decl. and
  promoting WHO IP Plan
• Is Govt. direction to Jane Halston as Aust.
  Member of WHO Exec committee one of promoting the
  WHO IPR Plan?