AEGiS-Bangkok Post: Academic hits at US over CL: Thailand should ask WTO to help, says Aat Bangkok PostImportant note: Information in this article was accurate in 2008. The state of the art may have changed since the publication date.
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Academic hits at US over CL: Thailand should ask WTO to help, says Aat

Bangkok Post - February 23, 2008
Apiradee Treerutkuarkul


Thailand should also petition the World Trade Organisation (WTO) if Washington takes the compulsory licensing dispute to the organisation, says Aat Pisanwanich, an economics lecturer at the Thai Chamber of Commerce University. Like the US, Thailand is also a WTO member country and seeking flexibilities under the Trade-Related Aspects of Intellectual Property Rights (Trips) to bypass patents of Aids, heart and cancer drugs for emergency use was legitimate, the academic told a forum on the CL policy held by the National Economic and Social Advisory Council.

The Commerce Ministry earlier said the US planned to petition the WTO over Thailand's CL stance, saying it was not discussed with the patent holders.

"The lives of Thai people, who still lack rights and opportunities, have to be prioritised over anything else. If the military-appointed government could announce CL to help expand the public's access to medicine, why can't the elected government do the same?" he said.

Mr Aat, also the director of the Centre for International Trade Studies, said it was impossible for Washington to cut all GSP benefits worth about US$3.5 billion each year to Thai exporters. In his opinion, the worst-case scenario would be half of all GSP benefits would be cut totalling about two billion dollars.

There was nothing wrong if the country continued bypassing drug patents by implementing the CL policy, he said, adding Thailand could be an example to other developing countries like Malaysia, Indonesia and African nations.

The Thai healthcare system also depends a great deal on the multinational pharmaceutical industry. In 2007, the volume of medical imports from the US alone was US$143 million.

However, Mr Aat said Thailand should not depend only on Trips flexibilities to increase access to affordable drugs. It was necessary for the government to subsidise more healthcare funding.

That would be a win-win solution for both exporters and the majority of the population, he said.

Public Health Minister Chaiya Sasomsab yesterday said the government would continue to import heart drug Clopidogrel from Indian generic drugmaker Cadila Zydus as he had not revoked the licences on Aids and heart drugs issued by then minister Mongkol Na Songkhla.

Two million tablets of the medicine were expected to arrive for use with patients under the universal healthcare coverage in April, he said.

Nimit Tienudom, chairman of the Aids Access Foundation, said his network would call on Foreign Affairs Minister Noppadon Pattama on Wednesday to learn about his stance on the CL policy.


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