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 19, 2008
Pradit Ruangdit And Nareerat Wiriyapong
Public Health Minister Chaiya Sasomsab's plan to cancel the compulsory licensing (CL) of patented medicines came under attack from the opposition Democrats and the National Legislative Assembly (NLA) on the first day of the government policy debate yesterday.
Democrat leader Abhisit Vejjajiva said Mr Chaiya's swift statement backing the reversal of the CL scheme was inappropriate.
It would weaken the country's negotiating power with giant pharmaceutical manufacturers and trade partners.
The government's policy on compulsory licensing should be based on three principles, he said.
"These are the patients' right of access to medicines; the country's right to apply measures in line with international trade laws and agreements to protect the public's health; and prompt negotiations with trade partners who have trouble with Thailand's bypassing of drug patents," said Mr Abhisit.
NLA member Amphon Jindawattana questioned Mr Chaiya's motivation in halting the policy to override drug patents and urged Prime Minister Samak Sundaravej to clarify the government's stance on the matter.
"Why did the minister come up with such an idea [to end compulsory licensing] despite the fact that it is beneficial to Thai citizens?" he said.
Public Health Ministry spokesman Suphan Srithamma said the health minister's proposal to suspend licensing for life-saving drugs was restricted to four cancer drugs only.
He made the explanation after some health campaigners and patients expressed fears the Samak government would revoke compulsory licences for three Aids and heart drugs - Efavirenz, Kaletra, and Plavix - issued in November 2006 and January 2007.
"The ministry will go ahead with the issuance of CL on the three medicines. Aids and heart disease patients will be able to afford cheap drugs under the scheme," he said.
Dr Suphan said the revision of the previous government's bypassing of drug patents was aimed at making the scheme more transparent and the patients' benefits would be the centre of concerns.
The permanent secretaries for the Foreign, Commerce and Public Health ministries met last week to discuss whether the CL scheme should be continued after Mr Chaiya voiced his opposition to the decision to override the patents of four cancer drugs by former minister Mongkol na Songkhla on Jan 4.
The four drugs are the breast cancer drug letrozole produced by Novartis; leukaemia drug Imatinib also of Novartis; breast and lung cancer drug docetaxel of Sanofi-Aventis, and lung cancer drug erlotinib of Roche.
The officials are expected to come up with policy recommendations and submit them to the ministers next week, he said.
Kiatphong Noichaiboon, a director of the Federation of Thai Industries, urged the government to continue with the compulsory licensing of pharmaceuticals.
He said the CL issue was unrelated to international trade or favourable tariffs received by Thai exporters from foreign countries.
"CL is the right measure and there is no need to reverse what has been implemented," said Mr Kiatphong.
The network of nongovernmental organisations working on HIV/Aids said the committee and consumer groups would file administrative charges against the Public Health Ministry for dereliction of duty if the ministry refuses to proceed with the compulsory licensing scheme.
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