Important note: Information in this article was accurate in 2006. The state of the art may have changed since the publication date.
Bangkok Post - February 7, 2006
Apinya Wipatayotin
The patent would end patients' right to access a cheap anti-retroviral drug, said Nimit Tienudom, director of Aids Access Foundation, who submitted a petition to Public Health Minister Phinij Jarusombat.
"If the drug is patented, the ministry will have to pay around 400 million baht more to procure the same drug for 4,000 people living with HIV/Aids," he said.
The US-based GlaxoSmithKline submitted a request to patent Combid, a combination of 3TC and AZT anti-Aids drugs, in October 1997.
But the patent has still not been granted partly because of strong opposition from Aids advocates who fear a patent would gravely affect Aids sufferers in the country.
Patent opponents also argue that Combid is not qualified to be patented because it is not an "innovation".
They say the company only added a new substance in an existing formula. The British government refused to patent the drug on the same grounds.
However, the Intellectual Property Department recently agreed to continue the patent process despite strong opposition from Aids patients and activists.
"It is likely the department will grant the patent next week. If we can't stop it, we will file a complaint in court as a last resort to defend the public interest," said Mr Nimit.
He said if GlaxoSmithKline successfully patented Combid, the Government Pharmaceutical Organisation (GPO) would no longer be allowed to manufacture its cheaper version of the drug, GPO-VIR, which uses the same formula as the Combid.
The GPO-made anti-Aids drug costs 1,500 baht per course, while Combid costs upto 8,340 baht per course.
Mr Phinij said he was concerned about the issue because a patent could cause a huge adverse impact on Aids patients.
The minister allayed some fears, however, saying that the Commerce Ministry's Intellectual Property Department had told him that a Combid patent decision would not be made soon.
"This gives the two ministries more time to look into the pros and cons of the patent," said Mr Phinij.
As well, he said, the ministry also plans a new campaign focusing on HIV/Aids prevention and control, including a safe sex campaign for teenagers on Valentine's Day.
Mr Phinij said the rate of teenagers using condoms was quite low due to their belief that having sex with a friend was safe sex.
Such misinformation was likely behind the jump in teenagers infected with HIV/Aids from 10,000 in 2003 to about 13,000 last year, he said.
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