Important note: Information in this article was accurate in 2007. The state of the art may have changed since the publication date.
Bangkok Post - May 05, 2007
Apinya Wipatayotin
Science and Technology Minister Yongyuth Yuthavong has made preparations to explain Thailand's position on compulsory licensing policies to US pharmaceutical firms during his visit to the United States this week.
The minister said the country needed to explain the issue after the Public Health Ministry's decision to implement compulsory licensing of generic versions of the Aids drugs Efavirenz and Kaletra and the heart drug Plavix - a move that prompted the Office of the US Trade Representative (USTR) to downgrade Thailand to a country deemed to have poor intellectual property protection.
"I am not a lobbyist for the issue. What I have been doing is to assist the Public Health Ministry in clarifying our stand on the issue," Mr Yongyuth said.
"My message is that what we have been doing is for humanitarian reasons and to stress that we have not breached any laws. Our action is in line with the WHO's regulations," he said referring to the World Health Organisation.
Mr Yongyuth is scheduled to attend a programme for international scientists and researchers working to find breakthroughs for treatments of diseases in the developing world. He is attending in his capacity as member of the committee on Grand Challenges in Global Health meeting from May 5-9.
The programme, which will also be attended by some of the world's leading pharmaceutical firms, is funded by the Bill & Melinda Gates Foundation, owned by multi-billionaire Bill Gates.
However, Mr Yongyuth said he would not be accompanying a delegation led by Public Health Minister Mongkol na Songkhla, who is set to sign an agreement with the Bill Clinton Foundation and 16 developing countries on May 8 to jointly procure cheaper drugs.
Dr Mongkol yesterday met with former Bangkok senator Jon Ungpakorn, who is executive secretary-general of the Aids Access Foundation, to discuss the issue of compulsory licensing and the USTR's decision to put Thailand on the priority watch list.
Mr Jon said after the meeting that he told the Thai delegates to be prepared for three questions that are likely to be asked by the US administration and American drug manufacturers.
First, they would question the authority and legitimacy of the current government, which was installed by coup-makers, to enforce compulsory licensing.
Second, the Thai delegation must also be ready to explain why the government did not attempt to negotiate with American drug firms before applying compulsory licensing.
Third, the drug firms and the US administration may ask about reports that the compulsory licensing enforcement in Thailand is set to extend to 20-30 more types of patented medicines.
Mr Jon said the best policy for the government is to stand its ground on the issue. He said the Public Health Ministry did not need to hire lobbyists to defend its decisions.
He saw the USTR's move to downgrade Thailand to a country with poor intellectual property protection as a form of a threat, but one that fell short of lifting the generalised system of preferences (GSP).
Mr Jon said US drug firms wield a great amount of influence on US politicians. They donate huge political funds for them to use in running election campaigns.
He said some US senators who petitioned against Thailand's compulsory licensing were recipients of the drug firms' donations.
However, the US public is aware of this situation and the lobbying by the drug firms, Mr Jon said, adding that the Thai government can correct their misunderstandings by telling them the truth about the need for compulsory licensing.
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