Thailand Blacklisted From Receiving New AIDS Drugs

[Jai Dee]

Battle in cyberspace

If you've just visited www.Thailies.com, you might be surprised at the international cyber-media offensive is being played out against the Public Health Ministry as it struggles to make an imported Aids drug cheaper for patients in Thailand.

It took a clever US lobbyist to devise the strategy and do the work aimed at discrediting the Thai agency's controversial bid, which has severely upset the powerful US pharmaceutical industry.

Last week, Brazil sort of followed Thailand's footsteps when it announced it would also do "compulsory licensing" of a patented Aids medicine legally under World Trade Organisation rules.

Now, both nations are being seen as "bad boys" in the eyes of USA for Innovation, a non-profit unit said to champion the protection of intellectual property rights.

After discrediting the Public Health Ministry's bid with an initial posting of what it calls 10 "Thai Myths", the USA-for-Innovation-sponsored website has said it will release more information to back its accusations over the next two weeks.

"Thailand's Health Ministry is misleading politicians, press and patients in an attempt to gain support from misinformed activists and to funnel money into its government-owned drug company," says the website.

The website's strongly-worded accusations such as Thailand is not a poor country or that the country is not in the middle of an Aids crisis (so it could not justify the compulsory licensing argument) clearly demonstrates that it wants to woo international support against Thailand's bid.

Besides the so-called Thai myths, USA for Innovation also invites its supporters to write to the US president complaining about the compulsory licensing issue along with the absence of democracy following the coup on September 19, 2006.

Supporters are given a pre-written letter, to be undersigned, urging the US president to stand up to the Thai military.

"... I hope that you will deliver a message to the Minister of Health and the military leaders in Thailand that a continued departure from democracy and theft of American innovations will not be tolerated, and that the United States will move quickly to take retaliatory action in the form of trade or economic sanctions or the removal of military aid to protect the jobs of hundreds of thousands of American scientists, doctors, teachers and researchers," says the pre-written letter.

USA for Innovation also urges its supporters to write to the Thai ambassador to the US on the same issue.

Last but not least, Kenneth L Adelman, executive director of USA for Innovation, wrote in a May 9 letter to members of the US Congress urging them to take action against both Thailand and Brazil over the compulsory licensing issue.

So stay tuned for the next development.

Source: The Nation - 11 May 2007

[slimdog]

As to the question of profits from HIV drugs does anybody have the figures on these?

Any "Blockbuster" HIV drugs out there ie sales of 1 billion USD per year is the standard for this

If I look at our drugs at the company I work for HIV drugs seem to be way down the list in income - the blockbusters are not here!

They are and will be for cancer, chronic conditions etc .

I will try to find out the figures myself but if anyone else had them could they please post

Kaletra's global sales for the last quarter of 2005 were $272 million

Kaletra's global sales for the first quarter of 2006 were $280 million, making it a "Blockbuster"

source: http://www.abbott.com/global/url/pressRele...elease_0306.htm

http://www.abbott.com/global/url/pressRele...elease_0261.htm

Sales for the quarter 3/31/07 were $300 million

source: http://money.cnn.com/news/newsfeeds/articl...618042007-1.htm

another interesting link is:

http://www.reuters.com/article/ousiv/idUSL0112153120070502

Drugmakers face $140 bln patent "cliff" -report

A quote from which is:

"While reformulation strategies may be effective at staving off generic competition in the short term, ultimately manufacturers need to develop truly novel drugs in order to maintain franchise and portfolio revenues in the face of generic competition," he said.

[Prakanong]

""If the drug has high resistance, why are so many patients still using it? And why is the number of deaths from Aids in Thailand decreasing?" Wanchai said."

So we can see Wanchai is not an epidemiological genius then - these people are dangerous

Maybe they are using it because they and their Dr's do not know about resistance?

There can be manifold resons why the AIDS deaths are decreasing (if they are and what do they mean by decreasing totals or % of HIV infected?).

Only a full study would reveal this not speculation by a numpty!

Edited May 11, 2007 by Prakanong

[Prakanong]

As to the question of profits from HIV drugs does anybody have the figures on these?

Any "Blockbuster" HIV drugs out there ie sales of 1 billion USD per year is the standard for this

If I look at our drugs at the company I work for HIV drugs seem to be way down the list in income - the blockbusters are not here!

They are and will be for cancer, chronic conditions etc .

I will try to find out the figures myself but if anyone else had them could they please post

Kaletra's global sales for the last quarter of 2005 were $272 million

Kaletra's global sales for the first quarter of 2006 were $280 million, making it a "Blockbuster"

source: http://www.abbott.com/global/url/pressRele...elease_0306.htm

http://www.abbott.com/global/url/pressRele...elease_0261.htm

Sales for the quarter 3/31/07 were $300 million

source: http://money.cnn.com/news/newsfeeds/articl...618042007-1.htm

another interesting link is:

http://www.reuters.com/article/ousiv/idUSL0112153120070502

Drugmakers face $140 bln patent "cliff" -report

A quote from which is:

"While reformulation strategies may be effective at staving off generic competition in the short term, ultimately manufacturers need to develop truly novel drugs in order to maintain franchise and portfolio revenues in the face of generic competition," he said.

Thanks for that - I will look further into this myself this weekend as it interests me

I work in pharma and know all about the "Patent Cliff" - luckily my company have a pretty strong pipeline plus i work in an area that does not have a "Patent Cliff" - vaccines ;-)

Pfizer are looking shakey though - no blockbuster since Viagra in 1998 and pipleine not too promising.

Edited May 11, 2007 by Prakanong

[JoeInSurin]

We all know about the costs of R&D and the shareholder issue. As far as making money is concerned they make more than enough and then some. There comes a time when you have to say "look there is something we can do to help, make our money back 10 fold and when thats done reduce the cost to minimal and move on to the next wonder drug"

Why ? because it's the right thing to do simple as that, the drug companies are, like it or not, part of the medical world by association, they are also bound by the fundimental laws of helping humanity as is a doctor. They have helped by developing these drugs, made thier money and can now more than afford to be generous with their product and save even more lives . Thats the idea about being in the medical profession right ? to help to save lives. Even if it means reducing profits !

As a far as shareholders are concerned they should also have a thought to where that holiday or new car came from.

You can justify the drug co's pricing all you want but it does not alter the fact that these people are DYING and there IS something they can do which involves no more than cutting profits on a very minor level. It would'nt hurt their image none either.

The owners of the drug companies are investors and most are not doctors or in the medical field. They are hard working people that are investing their money to save for retirement or their kids college ect. Example. Me and the guy next to me at work both get bonuses for Christmas. We want to invest the money for retirement and our kids college. I choose to buy CD's from the bank. He choses to buy stock in drug companies. Why should he not get a return on his investment and I should. He should not retire or be able to send his kids to college because it is the "right thing to do"? Aids is everyones problem. Not just the drug companies. The Thai government needs to buy these drugs and make them available to their people. The Pharm. companies are already cutting profits by offering these these drugs to them for a much reduced price. The Thai government want to copy them and pay nothing.

[nick2k]

Capitalism at it's WORST ........................

hey. it is in their legal right to do what they please with THEIR drugs.

[nick2k]

We all know about the costs of R&D and the shareholder issue. As far as making money is concerned they make more than enough and then some. There comes a time when you have to say "look there is something we can do to help, make our money back 10 fold and when thats done reduce the cost to minimal and move on to the next wonder drug"

Why ? because it's the right thing to do simple as that, the drug companies are, like it or not, part of the medical world by association, they are also bound by the fundimental laws of helping humanity as is a doctor. They have helped by developing these drugs, made thier money and can now more than afford to be generous with their product and save even more lives . Thats the idea about being in the medical profession right ? to help to save lives. Even if it means reducing profits !

As a far as shareholders are concerned they should also have a thought to where that holiday or new car came from.

You can justify the drug co's pricing all you want but it does not alter the fact that these people are DYING and there IS something they can do which involves no more than cutting profits on a very minor level. It would'nt hurt their image none either.

as I see it, it is very discouraging to see that fellow thais are not willing to contribute the money to buy the drugs for their OWN people who are sick with AIDS. talk about evil.

the rich people in thailand are some of the most evil people in the world. they won't put up the money to guaranteed 12 years of education for every thai because they want to make sure the poor kowtow to them like slaves.

you know who these people are. they drive around in their nice cars while the poor people starve. they count their money in their nice homes while others struggle with their lives.

[Mid]

Capitalism at it's WORST ........................

hey. it is in their legal right to do what they please with THEIR drugs.

thanxs , your reply whilst correct mearly illustrates my point .

it's this simple , assist the people who are positive OR see infection rates skyrocket ...................................................

Capitalism has no place in this .

[JoeInSurin]

Capitalism at it's WORST ........................

hey. it is in their legal right to do what they please with THEIR drugs.

thanxs , your reply whilst correct mearly illustrates my point .

it's this simple , assist the people who are positive OR see infection rates skyrocket ...................................................

Capitalism has no place in this .

It's this simple take away the profits to put into R&D and to give the investors in the drug companies a return on their investment there will be no new drugs. The infection rates rise.

Capitalism is what is developing the drugs.

[Mid]

JoeInSurin , whats your monetary value on human life ?

[JoeInSurin]

JoeInSurin , whats your monetary value on human life ?

You can't put a monetary value on human life. It is priceless. I feel the same way as you when I let my emotions get involved. I am just discussing things as they are in the real world. If you want the investors in the drug companies to fund the AIDS crisis what do you think you and everyone else should do to match it and do our part to help. It's everyones problem. Why doesn't the Thai government help buy the drugs. Whats the Thai governments monetary value on human life?

[Jai Dee]

Foreign Affairs Ministry publishes facts about drug compulsory licensing on its website

The Ministry of Foreign Affairs publishes facts about Thailand’s decision to use drug compulsory licensing on its website, www.mfa.go.th.

Director-General of the Department of Information and Spokesman of the Foreign Affairs Ministry, Tharit Charungvat (ธฤต จรุงวัฒน์) reveals that apart from the information on the website, the minister of foreign affairs has instructed him to keep abreast of the country’s drug compulsory licensing reported by foreign media.

On May 9th, the ministry sent a letter to clarify the matter to three United States’ leading newspapers, including the Wall Street Journal, the Financial Times, and the Chicago Sun-Times. According to the spokesman, the three newspapers affirmed that they will publish articles on Thailand’s explanation of its compulsory licensing on expensive drugs.

The government is trying hard to counter attacks and criticism on the country’s decision to use drug compulsory licensing.

In the meanwhile, the foreign affairs minister has assigned the director-generals of the department of America and South Pacific Affairs and the department of International Economic Affairs to travel to the U.S. on this weekend to join the team of Minister of Public Health Mongkhol Na Songkhla (มงคล ณ สงขลา). Mr Mongkhol is scheduled to travel from Switzerland to the U.S. to discuss the drug compulsory with Washington again this weekend.

Source: Thai National News Bureau Public Relations Department - 11 May 2007

[ChiangMaiAmerican]

it's this simple , assist the people who are positive OR see infection rates skyrocket ...................................................

Capitalism has no place in this .

Antiretrovirals DO NOT eliminate the HIV patients disease nor do they eliminate the patients ability to infect others with the exception of neonatal transmission. The greatest risk for neonatal transmission is at the time of delivery. C-sections reduce that risk by 50%. Behavorial change is the only way to reduce the infection rate with the exception of neonatal transmission. Eliminating the motive for pharma companies to develop new drugs however is a certain way to see the transmiaion rates skyrocket. The old drugs will eventuially fail. The HIV virus mutates very rapidly. The strain originally contracted by an individual can and does change during the course of the disease. Some of these changes give rise to new resistant strains. Without further research and the creation of new drugs the rates will in fact skyrocket as getting people to change behavior, even when they are known to be HIV positive often doesn't work.

Of course we can always follow Cuba's example to reduce transmission rates. Cuba has what can be argued the best HIV containment program in the world. Patients are treated well but are held responsible for their actions after diagnosis. There is no right to engage in high risk behavior. HIV positive people are quarantined when identified and given eight weeks of intensive education. After 8 weeks they can leave. If they engage in high risk behavior and arer discovered they get permanent residence in the quarantine facility. As a result Cuba's HIV rate is among the world's lowest. Cuba also c-sections all HIV positive mother and administers prophylactic AZT prior to delivery. Don't expect that to happen here though. Far easier to blame the pharma companies for problems than seek a proven solution to continued transmission.

From a 2004 article on HIV policies in Cuba.

"These regulations led to the lawful creation of the Santiago de Las Vegas AIDS Sanatorium in Havana for HIV -positive individuals. Similar sanatoriums were created in other areas of Cuba. ² So from 1986, when the first case of HIV appeared on the island, to 1994, the Cuban government quarantined all people found to be HIV infected. In the sanatoria, patients learn about HIV and AIDS, how the disease is transmitted, how a person can prevent transmission to others, and safe sex practices. Food, housing, medication, social services, privacy, and other services are provided in the sanatoria, as well as the intensive educational and preventative program³.

In 1994 compulsory quarantining were relaxed, but all new people who test positive for HIV still have to go to a sanatorium for eight weeks of thorough education on he disease. After the education program, patients are allowed to stay in the sanatorium (many stay because of the free services and good care), but they are also permitted to return to their communities, families, and jobs while making regular outpatient visits to their physician². All HIV positive citizens in Cuba also receive anti-retroviral drugs manufactured in Cuba!. Cuba began manufacturing generic anti-retrovirals in 2001 for all the country’s AIDS patients. Cuba produces zidovudine, stavudine, lamivudine, didanoside, and indinavir. Combination therapy is carried out by specialists⁴.

Besides mandatory educational treatment in sanatoria, Cuba requires several other HIV/AIDS related regulations. All pregnant women must undergo an HIV test. If found to be HIV positive, mothers are given anti-retroviral drugs to prevent transmission to newborns and also must deliver via cesarean section, which is known to reduce HIV transmission. HIV infected people must provide the names of all sexual partners in the past six months, and those individuals must be tested for HIV. People found to have any sexually transmitted disease must undergo an HIV test as well. Voluntary HIV screening is encouraged.^3"

AND

"Patients who leave after these eight weeks and engage in unsafe sex will find themselves in permanent quarantine."

http://www.bioline.org.br/request?hs04042

[Plus]

Capitalism is what is developing the drugs.

Not entirely true - governments do invest in developing new drugs, or at least regulate the industry so that necessary drugs get developed.

Generally governments look after the whole country, not only one industry. They might cut profits of pharma but get bigger returns from healthier population.

The case of Thailand has been decided when WTO made compulsory licensing legal. Big pharma should have protested then, now it's too late - rules have been set, compulsory licensing is legal.

[dkstoney]

I would recommend that if so many posters at TV are in favor of the pharmaceutical companies contributing more to the devastating HIV/AIDS cause that you look no further than your own backyard. How much money do any of you give? How much time do you donate at the local hospice? How many of you are drinking one less beer a day or forsaking a 1/2 a pack of cigarettes to reroute that money to the cause of saving lives? How many of you are sponsoring ONE victim's medical costs? I'm sure there's at least a couple here. Stand up and make yourselves proudly known. I'm not doing anything, but then again I'm not launching tirades against the lack of ethical reflection and moral fiber of international pharmaceutical companies.

Thailand should contribute more of their GDP to healthcare and stop buying jetliners for personal fleets, increasing their military expenditures by 50%, and building airports in swamps.

[Prakanong]

Capitalism is what is developing the drugs.

Not entirely true - governments do invest in developing new drugs, or at least regulate the industry so that necessary drugs get developed.

Generally governments look after the whole country, not only one industry. They might cut profits of pharma but get bigger returns from healthier population.

The case of Thailand has been decided when WTO made compulsory licensing legal. Big pharma should have protested then, now it's too late - rules have been set, compulsory licensing is legal.

We can get all mixed up in what is R&D but generally many public bodies do a lot of research and the pharma's often "Develop" them ie take them through the required trials. This is not the whole model of course and pharma also do research.

As for the WTO - yes its legal under the TRIPS agrement for public health emergencies.

Two points though - Thailand to keep within the spirit should hve tried to negotiate first and also why produce it own at the incompetent GPO when Bill Clintons Foundation is prbably getting better quality cheaper

Second point - I can accept the HIV public health emergency one but the heart disease - mostly lifestyle - get real Thailand is just trying to steal. Just as the guuys do at the bottom with DVD's and handbags this is the thai mentality right to the top.

I do like the nternet and PR battle though - it shows Thailand as being 3rd world when they step out their own back yard and can not bully or intimidate

[ChiangMaiAmerican]

Capitalism is what is developing the drugs.

Not entirely true - governments do invest in developing new drugs, or at least regulate the industry so that necessary drugs get developed.

Generally governments look after the whole country, not only one industry. They might cut profits of pharma but get bigger returns from healthier population.

The case of Thailand has been decided when WTO made compulsory licensing legal. Big pharma should have protested then, now it's too late - rules have been set, compulsory licensing is legal.

We can get all mixed up in what is R&D but generally many public bodies do a lot of research and the pharma's often "Develop" them ie take them through the required trials. This is not the whole model of course and pharma also do research.

As for the WTO - yes its legal under the TRIPS agrement for public health emergencies.

Two points though - Thailand to keep within the spirit should hve tried to negotiate first and also why produce it own at the incompetent GPO when Bill Clintons Foundation is prbably getting better quality cheaper

Second point - I can accept the HIV public health emergency one but the heart disease - mostly lifestyle - get real Thailand is just trying to steal. Just as the guuys do at the bottom with DVD's and handbags this is the thai mentality right to the top.

I do like the nternet and PR battle though - it shows Thailand as being 3rd world when they step out their own back yard and can not bully or intimidate

HIV is also mostly lifestyle. When the disease began to spread beyond Africa it was entirely lifestyle. If more was spent on prevention and education and if HIV positive people were made to be responsible for their behavior once they had been diagnosed, the spread would slow dramatically. Unfortunately HIV as a disease has become so politicized that good public health measures are nearly impossible to implement.

"In many developing countries such as Thailand where the HIV/AIDS pandemic is much more serious, laws are either weak or non-existent regarding criminalisation of intentional transmission."

http://en.wikipedia.org/wiki/Criminal_transmission_of_HIV

Edited May 11, 2007 by ChiangMaiAmerican

[dkstoney]

Capitalism is what is developing the drugs.

Not entirely true - governments do invest in developing new drugs, or at least regulate the industry so that necessary drugs get developed.

Generally governments look after the whole country, not only one industry. They might cut profits of pharma but get bigger returns from healthier population.

The case of Thailand has been decided when WTO made compulsory licensing legal. Big pharma should have protested then, now it's too late - rules have been set, compulsory licensing is legal.

We can get all mixed up in what is R&D but generally many public bodies do a lot of research and the pharma's often "Develop" them ie take them through the required trials. This is not the whole model of course and pharma also do research.

As for the WTO - yes its legal under the TRIPS agrement for public health emergencies.

Two points though - Thailand to keep within the spirit should hve tried to negotiate first and also why produce it own at the incompetent GPO when Bill Clintons Foundation is prbably getting better quality cheaper

Second point - I can accept the HIV public health emergency one but the heart disease - mostly lifestyle - get real Thailand is just trying to steal. Just as the guuys do at the bottom with DVD's and handbags this is the thai mentality right to the top.

I do like the nternet and PR battle though - it shows Thailand as being 3rd world when they step out their own back yard and can not bully or intimidate

HIV is also mostly lifestyle. When the disease began to spread beyond Africa it was entirely lifestyle. If more was spent on prevention and education and if HIV positive people were made to be responsible for their behavior once they had been diagnosed, the spread would slow dramatically. Unfortunately HIV as a disease has become so politicized that good public health measures are nearly impossible to implement.

That sounds just like Myth #2. Thailand does very little to publicly address its citizens about the prevalence and dangers of AIDS. For a country that sells more p*ssy than the US sells corn, you'd think it'd be a priority.

Myth #2:

Thailand is just doing everything it can to address its AIDS problem.

THE FACTS:

Thailand’s Response To Its Current AIDS Problem Has Been Met With Criticism From Within The Country. Consider...

Released Tuesday, May 8, 2007

FACT: Compared To Other Countries Around The Globe, Thailand Does Not Spend Large Sums On Healthcare.

According to World Health Organization statistics, Thailand spends 3.3% of its gross domestic product on health related expenditures and a total of $260 per capita on health care expenditures. These figures are small when compared to other countries such as Argentina (8.9%) or poorer countries like Cambodia (10.9%) or Lebanon (10.2%). Argentina alone spends a total of $1,067 per capita on health care. Israel, which has a smaller GDP than Thailand, allocates $1,911 per capita on health care, representing almost nine percent of the country’s GDP.

(World Health Organization, www.who.int/countries/tha/en/, Accessed 5/7/07; World Health Organization, www.who.int/countries/arg/en/, Accessed 5/7/07; World Health Organization, http://www.who.int/countries/isr/en/, Accessed 5/7/07)

FACT: Thai AIDS Activists Criticize The Government For Failing To Address The Country’s AIDS Problem.

Only A Year Ago, Founder Of The AIDS-Access Foundation And Former Thai Senator Jon Ungphakorn Accused His Government Of Lacking An Interest In AIDS. Ungphakorn: “None of the health ministers … have taken an interest in HIV/AIDS. There is no one in charge of the AIDS program, to see that good, realistic programs are put in place for men who have sex with men, prisoners, migrant workers, and the general public.”

(Vince Macisaac, “Crisis Point?” Thai Day, 4/6/06)

Ungphakorn: “There Has Been A General Lack Of Enthusiasm For Dealing With HIV Prevention In Thailand. Stigmatized Groups Are Bearing The Brunt Of The Crisis.”

(Vince Macisaac, “Crisis Point?” Thai Day, 4/6/06)

FACT: The Thai Government Has Done Little To Warn The Country’s Gay Community About The Threat Of AIDS.

Thai Day Reported That In Thailand’s Gay Clubs, There Are Few Warnings Or Government Programs To Notify Guests Of The Dangers Of AIDS. “[T]here is no notice advising that the rate of HIV infection among gay and bisexual men in Bangkok surged more than 50 percent from 2003 to last year – to 28.3 percent. There is not a single free condom. Not one warning to practice safe-sex and no brochures explaining how to do this.”

(Vince Macisaac, “Crisis Point?” Thai Day, 4/6/06)

Ungphakorn: “Stigmatized groups are bearing the brunt of the crisis. Government officials are not used to working with these groups. They’re not comfortable and don’t have outreach or skills to deal with stigmatized groups, except for sex workers.”

(Vince Macisaac, “Crisis Point?” Thai Day, 4/6/06)

FACT: Civic Groups Receive Little Support In Stemming HIV Infections.

A Thai Gay Association “Receives Almost No Funding From The Ministry” And Very Old – And Useless – Condoms The Bangkok Officials. “Every evening outreach workers from Rainbow Sky – Thailand’s first officially gay, lesbian and transgender association – leave their Patpong office in groups of four or five to distribute condoms and safe sex information to gay and bisexual men. … The group is at the frontline of the AIDS epidemic but it receives almost no funding from the ministry, and most of the free condoms it receives from the Bangkok Metropolitan Administration are so old that they can no longer be used.”

(Vince Macisaac, “Crisis Point?” Thai Day, 4/6/06)

[JoeInSurin]

Capitalism is what is developing the drugs.

Not entirely true - governments do invest in developing new drugs, or at least regulate the industry so that necessary drugs get developed.

Generally governments look after the whole country, not only one industry. They might cut profits of pharma but get bigger returns from healthier population.

The case of Thailand has been decided when WTO made compulsory licensing legal. Big pharma should have protested then, now it's too late - rules have been set, compulsory licensing is legal.

The rules are are up to interpretation. When is a Country too poor? When is a disease a public health emergency? It doesn't matter if compulsory liscensing is legal of not. Taking away the profits and incentive of the drug companies to develop new AIDS drugs is going to hurt the AIDS crisis. I want these companies to have the money they need available to beat this disease and get rid of it once and for all. Why would anyone be for cutting the profits these companies are using to develop new AIDs drugs? How is cutting these companies budgets going to get rid of this disease? If you want AIDS cured you will let them have the money they need for R&D to beat this disease.

[nick2k]

yeah. like the guy said.

..if it is so important to you, why don't you pay abbott and other companies to find the cure. I mean, people at abbott got to eat too, you know.

[endure]

No disrespect of the King of Thailand or The Thai Royal Family! Discussion of topics concerning the King or other current or deceased members of the Thai Royal Family is forbidden.

Holidays await for those who can't read.

[Jai Dee]

Compusory Licensing (CL): Positions and Facts from the Ministry of Foreign Affairs of Thailand

The Ministry of Foreign Affairs found that the misunderstandings reported in the foreign media and wrong accusations made by certain NGOs with regards to the Ministry of Public Health’s decision to use compulsory licensing (CL) on three life-saving drugs: Efavirenz, Kaletra, and Plavix have underscored the need to set the facts straight. We wish to clarify Thailand’s position on CL as follows.

First, the use of CL is permissible under the Trade Related Aspects of Intellectual Properties (TRIPs) Agreement. So, our action is WTO consistent. Even the USTR has not disputed this.

Second, we recognize the importance of balancing between the protection of innovation and the access to medicine to protect public health. The decision to use CL on the three drugs as made by Ministry of Public Health did not come lightly. So, it is presumptuous to speculate that CL will be used on other medicines.

Third, public health is a top priority of the Government. We have been making vigorous efforts to provide people with universal access to health care. Currently, over 80% of Thailand’s population is covered by the Government’s healthcare programme. For many years, the budget for health and health care ranks number 2 just after education. In the current fiscal year, health accounts for 9.5% of the total expenditure, or over US$ 100 million (4,373 million baht). However, the prices of certain life-saving drugs preclude many people in need from getting treatment. The use of CL will increase the number of people who can have access to treatment, including more than 500,000 people estimated to be living with HIV. The number of those in need is climbing.

Fourth, the use of CL will be for public non-commercial use only. It will cover only the patients under the Government healthcare programs. Those not covered will continue to purchase the medicines at the market prices.

Fifth, while Thailand is not a poor country, we are a developing country. The gap in income disparity and distribution of wealth remains wide. 20% of poorest population owns less than 5% of national income, while 20% of the richest owns more than 50% of national income. Many of the less-well off people cannot afford necessary treatment, particularly when it comes to HIV/AIDS medicines which the patients have to take all their lives. The Government needs to increase their access.

Sixth, it took the Ministry of Public Health more than 2 years, which included discussions with pharmaceutical companies before finally deciding on CL. After the CL was announced, dialogue has been on-going with all stakeholders to find mutually acceptable solutions.

Seventh, manufacturing generic drugs by the Government Pharmaceutical Organization is but one source of affordable medicines. Importing generic versions from other countries is another option. The first batch of 66,000 bottles of generic Efavirenz imported from India has resulted in the reduction of price by more than half, and allowed an additional 20,000 AIDS patients to get the medicine. Certainly, negotiations with pharmaceutical companies to lower drug prices will continue to increase accessibility of necessary drugs for the people.

Eighth, the use of CL has no link with the current political situation in Thailand. Nor does it have any connection with other economic or financial measures. Unfortunately, one foreign NGO has ignorantly attempted to make such connection as a part of their scheme to discredit Thailand. The CL is used to protect public health and save lives; it should not be politicized.

Source: www.mfa.go.th - 11 May 2007

[Prakanong]

Capitalism is what is developing the drugs.

Not entirely true - governments do invest in developing new drugs, or at least regulate the industry so that necessary drugs get developed.

Generally governments look after the whole country, not only one industry. They might cut profits of pharma but get bigger returns from healthier population.

The case of Thailand has been decided when WTO made compulsory licensing legal. Big pharma should have protested then, now it's too late - rules have been set, compulsory licensing is legal.

We can get all mixed up in what is R&D but generally many public bodies do a lot of research and the pharma's often "Develop" them ie take them through the required trials. This is not the whole model of course and pharma also do research.

As for the WTO - yes its legal under the TRIPS agrement for public health emergencies.

Two points though - Thailand to keep within the spirit should hve tried to negotiate first and also why produce it own at the incompetent GPO when Bill Clintons Foundation is prbably getting better quality cheaper

Second point - I can accept the HIV public health emergency one but the heart disease - mostly lifestyle - get real Thailand is just trying to steal. Just as the guuys do at the bottom with DVD's and handbags this is the thai mentality right to the top.

I do like the nternet and PR battle though - it shows Thailand as being 3rd world when they step out their own back yard and can not bully or intimidate

HIV is also mostly lifestyle. When the disease began to spread beyond Africa it was entirely lifestyle. If more was spent on prevention and education and if HIV positive people were made to be responsible for their behavior once they had been diagnosed, the spread would slow dramatically. Unfortunately HIV as a disease has become so politicized that good public health measures are nearly impossible to implement.

"In many developing countries such as Thailand where the HIV/AIDS pandemic is much more serious, laws are either weak or non-existent regarding criminalisation of intentional transmission."

http://en.wikipedia.org/wiki/Criminal_transmission_of_HIV

Yes but as a communicable disease it is more of a public health cncern that heart disease

[Prakanong]

Compusory Licensing (CL): Positions and Facts from the Ministry of Foreign Affairs of Thailand

The Ministry of Foreign Affairs found that the misunderstandings reported in the foreign media and wrong accusations made by certain NGOs with regards to the Ministry of Public Health’s decision to use compulsory licensing (CL) on three life-saving drugs: Efavirenz, Kaletra, and Plavix have underscored the need to set the facts straight. We wish to clarify Thailand’s position on CL as follows.

First, the use of CL is permissible under the Trade Related Aspects of Intellectual Properties (TRIPs) Agreement. So, our action is WTO consistent. Even the USTR has not disputed this.

Second, we recognize the importance of balancing between the protection of innovation and the access to medicine to protect public health. The decision to use CL on the three drugs as made by Ministry of Public Health did not come lightly. So, it is presumptuous to speculate that CL will be used on other medicines.

Third, public health is a top priority of the Government. We have been making vigorous efforts to provide people with universal access to health care. Currently, over 80% of Thailand’s population is covered by the Government’s healthcare programme. For many years, the budget for health and health care ranks number 2 just after education. In the current fiscal year, health accounts for 9.5% of the total expenditure, or over US$ 100 million (4,373 million baht). However, the prices of certain life-saving drugs preclude many people in need from getting treatment. The use of CL will increase the number of people who can have access to treatment, including more than 500,000 people estimated to be living with HIV. The number of those in need is climbing.

Fourth, the use of CL will be for public non-commercial use only. It will cover only the patients under the Government healthcare programs. Those not covered will continue to purchase the medicines at the market prices.

Fifth, while Thailand is not a poor country, we are a developing country. The gap in income disparity and distribution of wealth remains wide. 20% of poorest population owns less than 5% of national income, while 20% of the richest owns more than 50% of national income. Many of the less-well off people cannot afford necessary treatment, particularly when it comes to HIV/AIDS medicines which the patients have to take all their lives. The Government needs to increase their access.

Sixth, it took the Ministry of Public Health more than 2 years, which included discussions with pharmaceutical companies before finally deciding on CL. After the CL was announced, dialogue has been on-going with all stakeholders to find mutually acceptable solutions.

Seventh, manufacturing generic drugs by the Government Pharmaceutical Organization is but one source of affordable medicines. Importing generic versions from other countries is another option. The first batch of 66,000 bottles of generic Efavirenz imported from India has resulted in the reduction of price by more than half, and allowed an additional 20,000 AIDS patients to get the medicine. Certainly, negotiations with pharmaceutical companies to lower drug prices will continue to increase accessibility of necessary drugs for the people.

Eighth, the use of CL has no link with the current political situation in Thailand. Nor does it have any connection with other economic or financial measures. Unfortunately, one foreign NGO has ignorantly attempted to make such connection as a part of their scheme to discredit Thailand. The CL is used to protect public health and save lives; it should not be politicized.

Source: www.mfa.go.th - 11 May 2007

Some porkie pies there - they may have been in discussion with some pharma companies over the last two years but were they in discussions with the pharma companies of the three CL drugs before they issued the CL???

Methinks not ;-))))

100 million on health - how much on the junta's military toys?

glad they recognise the disparity in wealth in Thailand - why not tax the rich then to pay for the healthcare - nah that would not do - the rich in Thailand do not pay tax

[Jai Dee]

U.S. affirms not to reduce Thailand’s privileges under GSP

The United States affirms it will not consider the fact that Thailand is its Priority Watch List (PWL) to reduce the country’s privileges under the U.S.’ Generalized System of Preferences (GSP).

Director-General of the Department of Intellectual Property, Puangrat Atsawaphisit (พวงรัตน์ อัศวพิศิษฎ์) reveals that the Thai Government has attended an informal meeting with representatives of Washington today (May, 11th) to discuss the U.S.’possibility of removing Thailand from the PWL. However, no representative of the Office of the U.S. Trade Representative has shown up to join the discussion.

The Washington representatives say the U.S.’ Federal Bureau of Investigation (FBI) will do its utmost to assist Thailand's work in suppressing piracy.

The director-general adds that the U.S representatives have called for Thailand to set up a working committee to outline an action plan on the suppression of piracy to show that Thailand takes the matter seriously. The Department of Intellectual Property expects that the working committee will be formed within this month.

Source: Thai National News Bureau Public Relations Department - 11 May 2007

[Prakanong]

U.S. affirms not to reduce Thailand’s privileges under GSP

The United States affirms it will not consider the fact that Thailand is its Priority Watch List (PWL) to reduce the country’s privileges under the U.S.’ Generalized System of Preferences (GSP).

Director-General of the Department of Intellectual Property, Puangrat Atsawaphisit (พวงรัตน์ อัศวพิศิษฎ์) reveals that the Thai Government has attended an informal meeting with representatives of Washington today (May, 11th) to discuss the U.S.’possibility of removing Thailand from the PWL. However, no representative of the Office of the U.S. Trade Representative has shown up to join the discussion.

The Washington representatives say the U.S.’ Federal Bureau of Investigation (FBI) will do its utmost to assist Thailand's work in suppressing piracy.

The director-general adds that the U.S representatives have called for Thailand to set up a working committee to outline an action plan on the suppression of piracy to show that Thailand takes the matter seriously. The Department of Intellectual Property expects that the working committee will be formed within this month.

Source: Thai National News Bureau Public Relations Department - 11 May 2007

This PR group the Thai's have hired in the USA are really rocking out the releases this week - it will taper off soon I bet ;-)

[Plus]

Some porkie pies there - they may have been in discussion with some pharma companies over the last two years but were they in discussions with the pharma companies of the three CL drugs before they issued the CL???

Methinks not ;-))))

100 million on health - how much on the junta's military toys?

glad they recognise the disparity in wealth in Thailand - why not tax the rich then to pay for the healthcare - nah that would not do - the rich in Thailand do not pay tax

Thai Foreign Ministry was not the first one to mention lengthy negotiations with pharma companies, why do you think it's a lie?

Unless you took an active part in those negotiations you wouldn't know if CL was a natural next step or not. "Methinks not" doesn't sound like a good argument.

I also tend to trust official figures on health expenditures (9.5%) over Myth no.2 (3.3%).

The rules are are up to interpretation.... It doesn't matter if compulsory liscensing is legal of not.

Nonsense.

CL was made legal precisely so that country like Thailand (or Brazil) would use it.

Too late to cry about the future of AIDS research now - presumably that effect was thought through BEFORE legalising CL.

It's rather telling that neither Abbot, US trade representative, or even Adelman itself can find lawyers good enough to take Thailand to court and argue the rules there.

>>>>>>>>>>

Official line is that heart disease is the number one killer in Thailand and reducing drug prices will make a big difference for many people, mostly poor, who use govt. free healthcare.

Better off Thais don't use it and will have to pay for genuine Abbot products.

[nick2k]

Compusory Licensing (CL): Positions and Facts from the Ministry of Foreign Affairs of Thailand

The Ministry of Foreign Affairs found that the misunderstandings reported in the foreign media and wrong accusations made by certain NGOs with regards to the Ministry of Public Health’s decision to use compulsory licensing (CL) on three life-saving drugs: Efavirenz, Kaletra, and Plavix have underscored the need to set the facts straight. We wish to clarify Thailand’s position on CL as follows.

First, the use of CL is permissible under the Trade Related Aspects of Intellectual Properties (TRIPs) Agreement. So, our action is WTO consistent. Even the USTR has not disputed this.

Second, we recognize the importance of balancing between the protection of innovation and the access to medicine to protect public health. The decision to use CL on the three drugs as made by Ministry of Public Health did not come lightly. So, it is presumptuous to speculate that CL will be used on other medicines.

Third, public health is a top priority of the Government. We have been making vigorous efforts to provide people with universal access to health care. Currently, over 80% of Thailand’s population is covered by the Government’s healthcare programme. For many years, the budget for health and health care ranks number 2 just after education. In the current fiscal year, health accounts for 9.5% of the total expenditure, or over US$ 100 million (4,373 million baht). However, the prices of certain life-saving drugs preclude many people in need from getting treatment. The use of CL will increase the number of people who can have access to treatment, including more than 500,000 people estimated to be living with HIV. The number of those in need is climbing.

Fourth, the use of CL will be for public non-commercial use only. It will cover only the patients under the Government healthcare programs. Those not covered will continue to purchase the medicines at the market prices.

Fifth, while Thailand is not a poor country, we are a developing country. The gap in income disparity and distribution of wealth remains wide. 20% of poorest population owns less than 5% of national income, while 20% of the richest owns more than 50% of national income. Many of the less-well off people cannot afford necessary treatment, particularly when it comes to HIV/AIDS medicines which the patients have to take all their lives. The Government needs to increase their access.

Sixth, it took the Ministry of Public Health more than 2 years, which included discussions with pharmaceutical companies before finally deciding on CL. After the CL was announced, dialogue has been on-going with all stakeholders to find mutually acceptable solutions.

Seventh, manufacturing generic drugs by the Government Pharmaceutical Organization is but one source of affordable medicines. Importing generic versions from other countries is another option. The first batch of 66,000 bottles of generic Efavirenz imported from India has resulted in the reduction of price by more than half, and allowed an additional 20,000 AIDS patients to get the medicine. Certainly, negotiations with pharmaceutical companies to lower drug prices will continue to increase accessibility of necessary drugs for the people.

Eighth, the use of CL has no link with the current political situation in Thailand. Nor does it have any connection with other economic or financial measures. Unfortunately, one foreign NGO has ignorantly attempted to make such connection as a part of their scheme to discredit Thailand. The CL is used to protect public health and save lives; it should not be politicized.

Source: www.mfa.go.th - 11 May 2007

Some porkie pies there - they may have been in discussion with some pharma companies over the last two years but were they in discussions with the pharma companies of the three CL drugs before they issued the CL???

Methinks not ;-))))

100 million on health - how much on the junta's military toys?

glad they recognise the disparity in wealth in Thailand - why not tax the rich then to pay for the healthcare - nah that would not do - the rich in Thailand do not pay tax

yes, you have a good point there. someone told me that professionals like dentist in thailand don't pay taxes. could someone confirm this for me?

..as for laws, they can be changed if they are found to be unfair. in the case of this compulsory licensing, maybe abbott should start proceedings to have this law reconsidered. now that it is being abused like it is, it would only be proper.

the future status of the patent system is at stake. the law needs to be changed so that it is fair to all parties.

[Plus]

There's no chance whatsoever that a company like Abbot can force WTO to change its rules. Too late.

[nick2k]

There's no chance whatsoever that a company like Abbot can force WTO to change its rules. Too late.

yeah. so, who put you in charge? ..thaksin?