Important note: Information in this article was accurate in 2008. The state of the art may have changed since the publication date.
Bangkok Post - March 7, 2008
Immediately after his appointment as the new health minister, Chaiya Sasomsab announced he would review the CL policy initiated by his predecessor. As of now, however, it remains unclear what he is reviewing. At the very least, he should state explicitly the criteria by which the People Power party will judge compulsory licensing. "I've never said I would revoke or retain the recent enforcement of compulsory licensing for cancer drugs," Mr Chaiya declared recently. "I just want to review it so that when someone asks me about this issue I can answer them clearly, particularly at cabinet meetings."
This being one of the most important global issues, and with Thailand having taken a leading role in compulsory licensing, it is a shame the PPP did not have a clear-cut policy from the very first day it took office.
Though the military-installed government of Surayud Chulanont had a reputation for incompetence, the Health Ministry was the exception, with Dr Mongkol Na Songkhla vigorously pursuing a clear CL policy.
The PPP certainly has the right to disagree with that policy but we should at least have a sensible debate. Instead, we've seen wishy-washy statements warning against the damage supposedly being done to trade relations with the United States. It is unlikely the government's use of compulsory licensing will lead to a loss of privileges under the Generalised System of Preferences, no matter what the pharmaceutical lobby says. Even so, this point has been raised by none other than former prime minister Thaksin Shinawatra, who told the Financial Times this week: "For compulsory licensing, we have to be very cautious... We have to be very careful how we move on that."
As premier, Mr Thaksin walked a fine line on the issue of drug access. While compulsory licensing tended to go against the grain of his pro-business policies, he also realised the political implications of bowing to the pharmaceutical industry on this issue. Indeed, the real obstacle to a US-Thai free trade deal in 2005 were the provisions relating to CL, patent lifespan and data exclusivity that went beyond those required in the World Trade Organisation's Trips agreement.
As health minister, Dr Mongkol took the first step in issuing a compulsory licence for two Aids drugs. This move was lauded by NGOs and prompted the drugmaker to cut prices for many middle-income countries, not just Thailand. He then expanded the policy to include drugs for heart disease and cancer, which proved more controversial.
Dr Mongkol's successor has so far essentially claimed ignorance regarding CL policy. But despite his plea for time to understand the issue, Mr Chaiya apparently knew enough to remove CL negotiator Dr Siriwat Tiptaradol as chief of the Food and Drug Administration. (His replacement resigned after five days.)
It is one thing if the health minister removed Dr Siriwat because the two have significant policy differences. But Mr Chaiya hasn't clearly explained what the government's policy is. Any move to scale back CL cannot rest on unsubstantiated threats from US business lobbies. The issue is too important for any sort of hazy politicking.
The government must come up with a clear stand on compulsory licensing that engages all stakeholders. Health Minister Chaiya may eventually still do this, but so far the prognosis is not encouraging.
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