Bangkok Post - February 14, 2008
Apiradee Treerutkuarkul & Phusadee Arunmas
The Commerce Ministry has raised concerns over trade ramifications with the United States.
"It's too soon to tell now whether Thailand will maintain CL. We have to evaluate carefully any potential damage from the policy," Commerce Minister Mingkwan Saengsuwan said after meeting with HIV/Aids and heart disease patients who turned up to support CL.
The outcome of today's meeting, attended by senior officials of the three ministries, will be proposed to the ministers to make a conclusion and forwarded to the cabinet for a final decision.
Mr Mingkwan said the government should give an answer right after its policy announcement on Feb 18-19.
"It would be wrong if the government put trade over people's lives," warned Saree Aongsomwang, executive secretary for the Foundation for Consumers.
Buranat Samuttarak, the shadow deputy health minister appointed by the Democrat party, yesterday warned the government not to fall into a US trap of commercial interests by discontinuing CL which could help the majority of the Thai population access affordable life-saving medicines.
He said the US Trade Representative and the Ministry of Commerce could not invoke the Special 301 measure to downgrade Thailand from the Priority Watch List to the Priority Foreign Country list, which is the last and most severe US copyright protection category, making the country subject to trade sanctions.
Under World Trade Organisation rules, it is legitimate for member countries, including Thailand, to use the Trade-Related Aspects of Intellectual Property Rights (Trips) to issue compulsory licences to make or buy generic versions of patented drugs deemed critical to public health as long as the medicines are meant for domestic and emergency use.
Mr Buranat, who works on the Democrats' health and welfare policies, said the opposition party would closely monitor the government's attempt to further free trade talks with Washington.
The trade pact has drawn the most concern because it includes the issue of "data exclusivity" that guarantees extra market protection for drug patent holders by preventing authorities from accepting applications for approval of generic medicines during the period of exclusivity, usually six to 10 years. Thailand would inevitably have to shoulder high medical treatment cost, he said.
Former health minister Mongkol na Songkhla said he did not have any hidden agenda or conflict of interest when approving the four ministerial announcement on cancer drugs on Jan 4.
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