Important note: Information in this article was accurate in 2007. The state of the art may have changed since the publication date.
Bangkok Post - March 16, 2007
Apiradee Treerutkuarkul
A top justice official yesterday denounced a US drug maker's withholding of new medicines from Thailand, saying it overstepped the line between business profits and morality. "The drug industry is an obvious profit-oriented business. But its present business protection goes beyond the limit - to the extent that the principle of human rights has been completely forgotten," said Permanent Secretary for Justice Jarun Pukditanakul.
Mr Jarun was speaking after US drug firm Abbott Laboratories announced it would withdraw applications for six drugs in protest at the government's breaking of its patent for the anti-Aids drug Kaletra.
The firm said its withdrawal of applications with the Food and Drug Administration (FDA) would include the formulation of second-line Aids drugs.
Speaking on the topic of the constitution and reform of the consumer protection system to mark World Consumer Day, Mr Jarun supported the Public Health Ministry's decision to break the patent of three Aids and heart drugs in order to broaden access to medications among low-income earners.
The government had to be responsible for HIV-positive people and those suffering from chronic heart disease, he said. Therefore, it was legally and morally right to balance business profits and the good health of the public by announcing compulsory licensing.
Mr Jarun said the ministry was seeking ways to encourage public participation in the constitution drafting process in order to improve drug affordability.
Existing laws and regulations on intellectually property rights, patents and trademarks should be revised because these laws extended monopoly rights for brand-name drugs to the extent that the public's rights had been obstructed, he added.
The national list of medicines overseen by the National Health Security Office should also be closely monitored so that consumer rights would not be exploited, he said.
Saree Ongsomwang, head of the Foundation for Consumers, said consumer groups would campaign for a boycott of other Abbot products if the company did not review its decision to withdraw the applications of new drugs by Monday.
Siriwat Thiptaradol, secretary-general of the FDA, said he would have a meeting with patent holders of the three drugs under compulsory licensing on March 26.
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