AEGiS-Bangkok Post: Compulsory Drug Licensing: Ministry pushes ahead with patent breaking Bangkok PostImportant note: Information in this article was accurate in 2007. The state of the art may have changed since the publication date.
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Compulsory Drug Licensing: Ministry pushes ahead with patent breaking

Bangkok Post - February 13, 2007
Apiradee Treerutkuarkul


Thailand is pushing ahead with its plan to give the public better access to more medicines under the patents of pharmaceutical giants.

Public Health Minister Mongkol na Songkhla yesterday said experts from the ministry and the National Health Security Office were studying the pros and cons of adopting compulsory licensing for use with the five groups of medicine still under patent in Thailand.

"As a matter of fact, we don't want to use the compulsory licensing policy because we don't want to upset the pharmaceutical industry. However, we have to think about the many Thais who need the medicines badly but cannot have them," Dr Mongkol said.

The five groups comprising 11 regimens cover Aids, antibiotics, cancer, heart and cardiovascular and neuropathic drugs, including atazanavir and second-line anti-retroviral treatments and inatinib, a cancer drug marketed as Gleevec/Glivec, according to a study by a sub-panel on compulsory licensing.

Patent holder Novartis last month filed a lawsuit against the government of India following its refusal to grant a patent for the cancer drug. Dr Mongkol said the panel had submitted the drug list many years ago, but it had never been considered by any government in the past.

Cancer and heart disease rank as the top causes of death in Thailand.

Although the plan has not yet been finalised and the drug list may be subject to change, the minister said he was confident that any state move to gain access to inexpensive drugs would not discourage medical companies from investing in the development of new drugs in Thailand.

He also hoped that the policy on compulsory licensing would lead to a dialogue between health authorities and the pharmaceutical industry over public access to inexpensive and quality medical treatment over the long run.

A report released by the Drug Control Division showed that more than 1,000 new companies registered with the Food and Drug Administration in 2005 to carry out pharmaceutical manufacturing in Thailand, while the total cost of imported drugs in the same year came to nearly 39 billion baht.

Meanwhile, Teera Chakajnarodom, president of the Pharmaceutical Research and Manufacturers Association of Thailand, said he was disappointed with the ministry's latest move on compulsory licensing for the import and production of generic versions of the anti-Aids drugs Efavirenz and Kaletra, and Plavix, a heart disease medicine.

Peter Piot, executive director of UNAids, commended Thailand for stressing efforts to provide affordable access to Efavirenz for people living with HIV/Aids.

Vichai Chokewiwat, chairman of the Government Pharmaceutical Organisation's board, said the "white paper" on compulsory licensing would be completed within the week.


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