Important note: Information in this article was accurate in 2007. The state of the art may have changed since the publication date.
Bangkok Post - January 27, 2007
Compulsory licensing is a measure permitted under the World Trade Organisation allowing member countries to import or produce generic versions of the drugs in cases of "national emergency".
"The decision is justified and is among the first moves by the coup-appointed government that deserves admiration," said Aids Access foundation chairman Nimit Tienudom.
It is a good opportunity for the interim government to push for work that benefits the public, he said. A government that is the result of a general election would not be brave enough to risk itself over such a political move, he said.
The ministry's decision also conforms with the Patent Act, he said citing Act 51 in the law that allows the government to enforce compulsory licensing.
However, intellectual property law expert Jade Donavanik said the government needed to give sound explanations to the drug firms' countries of origin.
The drug firms have a right to petition the Administrative Court once the compulsory licensing takes effect, he said. However, they would also have to prove why the government cannot enforce the compulsory licensing.
The ministry is seeking compulsory licences for the anti-Aids drug Kaletra and an anti-platelet agent, Plavix, which are too expensive for many patients.
However, the Pharmaceutical Research and Manufacturers Association has said the ministry carried out its plan without consulting the pharmaceutical industry.
Disease Control Department chief Thawat Sundarachan yesterday declined to give details of the ministry's plan but said compulsory licences for Kaletra and Plavix were under study.
The ministry earlier announced it would enforce compulsory licensing for five years and pay compensation to drug companies once the measure came into effect, Mr Nimit said.
Currently, HIV/Aids patients have to spend up to 11,580 baht a month to buy Kaletra while people with heart disease have to pay 120 baht a pill for the blood-thinner Plavix, according to Suphatra Nakapiew, director of the Human Rights on Aids Protection Centre.
The National Health Security Office has helped HIV/Aids patients buy drugs by spending several billion baht a year.
If the drugs are sold under compulsory licensing, patients would pay 4,000 baht for Kaletra and only 6-12 baht for Plavix, Ms Suphatra said.
"If the foreign drug firms decide to move their investments out of Thailand, we would help them pack their bags," she said.
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