Important note: Information in this article was accurate in 2008. The state of the art may have changed since the publication date.
Bangkok Post - February 13, 2008
Anucha Charoenpo & Apiradee Treerutkuarkul
The decision was seen by health advocates and consumer groups as a tactic to buy time which could worsen the situation for tens of thousands of patients who have to spend hundreds of thousands of baht or more every year on patented drugs.
Mr Samak said Public Health Minister Chaiya Sasomsab had told him about the problem he came across regarding the previous government's decision to issue compulsory licencing (CL) schemes for cancer and heart disease drugs.
Speaking after yesterday's cabinet meeting when the CL issue was tabled for discussion, the prime minister alleged that former Public Health Minister Mongkol na Songkhla's imposition of CL went against a cabinet resolution which required that the move had to be agreed upon by three ministers.
Dr Mongkol reportedly went on an overseas trip and failed to attend the tripartite meeting, Mr Samak said.
The former public health minister, however, has denied the allegation, saying he had already assigned senior officials in charge of CL issuance and drug price negotiations with drug manufacturer to attend the tripartite meeting.
Dr Mongkol said the meeting was surprisingly postponed by then deputy prime minister Kosit Panpiemras, who chaired the joint-panel.
Mr Chaiya said Deputy Prime Minister and Commerce Minister Mingkwan Saengsuwan would meet officials from the Foreign and Public Health ministries to discuss the CL policy some time after the government announced its policy to parliament on Feb 18.
The minister said it was not necessary to ask for additional input regarding drug patent overriding from Dr Mongkol, non-governmental organisations, or health officials because he already had enough information.
Mr Chaiya promised the government would come up with a win-win solution to protect both trade and patient benefits and vowed to work with experts and officials working on the CL-related committees set up by Dr Mongkol.
Meanwhile, health advocates and fair-trade campaigners threatened to hold a mass demonstration at the Public Health Ministry if it decides to revoke the CL scheme.
Around 100 activists rallied in front of Government House yesterday to pressure the cabinet not to comply with Mr Chaiya's proposal to revise the drug patent bypassing scheme.
The demonstrators, from the Aids Access Foundation, the network of people living with HIV/Aids, and the Foundation for Consumers, said it was clear that the CL scheme was legal and was in line with international trade agreements, so there was no reason for this government to revise it.
"Without the bypassing of drug patents for government use, some 73,000 cancer patients would have to die because they cannot afford the costly drugs which can save their lives," said Virat Purahong, chairman of the the network of people living with HIV/Aids.
He said each cancer patient had to pay at at least 1.3 million baht a year for cancer treatment drugs.
Kannikar Kijtiwatchakul, of FTAWatch, blasted the Samak administration for resorting to tactic of buying time on such a "life and death" matter.
"There is no need for further discussion [between the three ministries]. It is clear that the Thai government's CL scheme is in accordance with the World Trade Organisation and trade agreements," she said.
Ms Kannikar cited a remark from an expert on international law who joined the WTO/WHO delegation to meet those parties concerned about the CL issue in Thailand earlier this month, and who confirmed that the scheme was legitimate and that no country had lodged a complaint against Thailand so far.
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