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 23, 2007
Apiradee Treerutkuarkul
"In conclusion, the trip has ended up being fruitless," Public Health Minister Mongkol na Songkhla said yesterday from Washington.
He was speaking via teleconference after concluding meetings with representatives from the Office of the United States Trade Representative (USTR) and the Commerce Department, and with some senators on Monday.
He rated his discussion with US Commerce Secretary Carlos Gutierrez as "totally negative". He said Mr Gutierrez pressured the Thai team in every possible way.
"It's clear he obviously represents the drug companies. There was no sign of friendship left when he started talking," Dr Mongkol said.
During the conversation, Mr Gutierrez said it was not the responsibility of drug companies to absorb the burden of the Thai healthcare system.
There were similar reactions when he met Connecticut Senator Joseph Lieberman and New Jersey Senator Frank Lautenberg to discuss the issue, he said.
On March 20, Mr Lieberman and four other senators, including Democrat Senator for California Dianne Feinstein, sent a letter to US Trade Representative Susan Schwab, taking issue with Thailand's issuing of compulsory licences for non-HIV/Aids related drugs.
"Recent actions by the Thai Ministry of Health demonstrate its intent to expand this compulsory licensing program to include nearly a dozen medications to treat high cholesterol and other conditions wholly unrelated to any urgent public health issue," the letter stated.
The pharmaceutical giants Pfizer and Roche are based in Connecticut and New Jersey, respectively.
However, on Jan 22 some members of the US House of Representatives sent Ms Schwab a letter supporting Bangkok's action on Efavirenz, an Aids drug.
Ms Schwab responded with a letter which stated the USTR respects the Thai government's ability to issue compulsory licences under its own laws and obligations under the WTO, and that it had previously indicated to the Thai government that it would be "appropriate" to respond to requests for discussions from stakeholders.
Dr Mongkol and senior executives from the Public Health, Commerce and Foreign Affairs ministries travelled to the US for meetings on May 21 and 22 to explain Thailand's policy on compulsory licences for the import and production of generic versions of Aids drugs Efavirenz and Kaletra and heart drug Plavix.
The trip came after US lobbyists said the Thai decision jeopardised American medical innovations.
US-based drug makers Merck and Abbott are the patent holders of Efavirenz and Kaletra, respectively.
Dr Mongkol has spearheaded a policy to give wider access to life-saving medicines for people who cannot afford expensive drugs. He says it is allowed by the WTO's Agreement on Trade Related Aspects of Intellectual Property Rights (Trips). However, he has upset transnational pharmaceutical firms holding the patents for the original drugs.
Unlike meetings with Mr Gutierrez and the senators, talks with deputy US Trade Representative John Veroneau were "a bit positive".
The US official understood the motive for issuing compulsory licences, saying it was "very reasonable", according to Vichai Chokewiwat, chairman of the Government Pharmaceutical Organisation Board, who accompanied Dr Mongkol to the US.
California Senator Henry Waxman was also supportive of Thailand's actions.
"Thailand is an important US ally that is trying to save the lives of its citizens. More than 500,000 people in Thailand are living with HIV/Aids. And while Thailand's HIV/Aids treatment initiative has been recognised as among the most successful in the world, the high price of medicine has created a significant obstacle to the expansion and sustainability of the Thai programme," Mr Waxman said in a written statement.
"Accordingly, the US should show compassion and provide support to our longtime friend rather than impose punitive actions such as the USTR's recent announcement that Thailand has been put on the agency's Priority Watch List."
However, the senator for California did not say if he would take any further action in support of Thailand on the issue.
Dr Vichai said the government was not deterred by the US reaction and would go ahead with compulsory licensing.
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