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Jai Dee

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Thailand remains defiant against US threat, continues application of CL to assist the poor

Thailand has remained defiant against the external threats and affirmed that the country will continue its application of Compulsory Licensing (CL) to assist the poor.

Minister of Public Health Mongkhol Na Songkhla (มงคล ณ สงขลา) revealed that he had spoken to three U.S. agencies, including U.S. Trade Representatives (USTR), U.S. Commerce Minister Carlos M. Gutierrez, and U.S. House of Representative from Democrat Party Mr. Henry A. Waxman.

According to Md. Mongkol, he said that senior officials in the USTR have expressed concerns over the issue of Thailand being listed in the Priority Watch List (PWL) as Thialand remains assertive in the enforcement of CL.

Md. Mongkol also revealed that the U.S. Commerce Minister has been representing the American medicine companies in trying to exert pressure onto Thailand into buying US manufactured drugs.

However, Mr. Henry, president of committee scrutinizing the U.S. government’s performace, has declared his support on Thailand’s CL enforcement, saying he will submit a letter to USTR to confirm that the Thailand’s application of CL has abided by the WTO regulations.

Source: Thai National News Bureau Public Relations Department - 22 May 2007

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Yeppers .. this is gonna go all the way ... and be good for Thailand in the long run!

What an strange reaction.

On one hand, 1.6 billion THB saved, with the IP rights broken. And the other hand, several billions at stake, with trade with the US.

If the US continue with their strong stance... what will happen ?

Against China, it's another piece of work to make retaliation. But with Thailand... ?

My point is : Thailand has more to loose than to gain.

And all this circus, to save only 1.6 billion THB per year ?

You'll admit that it doesn't make sense.

Those arrogants clowns in their uniform need to be corrected. I hope the US will show them how to behave in a civilized world.

Go for it Carlos Gutierrez !

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Seems the World (outside of the USA) is beginning to come down on the side of Thailand over this issue....

WHO backs use of compulsory licensing

The annual meeting of all 193 member states of the World Health Organisation (WHO) ended yesterday in Geneva with a resolution to endorse the use of compulsory licensing to increase access to medicines.

The resolution came after a 10-hour heated debate between developed and developing countries. The resolution was welcomed by Thailand and Brazil as it was the first official WHO stance on the controversial issue since Thailand utilised the World Trade Organisation's (WTO) agreement on overriding intellectual property rights last November, followed by Brazil recently.

In its statement released yesterday, the WHO said its assembly resulted in commitments from its director-general to provide technical and policy support to countries to use compulsory licences to make existing medicines more accessible and to draw up a global strategy and plan of action on the issue.

"I am fully committed to this process and have noted your desire to move forward faster... We must make a tremendous effort. We know our incentive: the prevention of large numbers of needless deaths," said Margaret Chan, the WHO's director-general, in the statement.

A representative of Thailand's Public Health Ministry who attended the assembly said the resolution was very good news for Thailand.

"We have fought to the last minute to convince other countries to agree with us," said the health official, who asked not to be named.

He said Thailand and Brazil, the only two countries to issue compulsory licences to manufacture cheap generic versions of expensive drugs, played crucial roles in the debate to support the resolution, while the United States led the opposition. The US, he said, was the only country to voice its dissent on the resolution and was angered when its words were not heeded by other countries.

He said the Public Health Ministry would officially announce the good news to Thais today.

The WHO's resolution came just three days after Thailand failed to clarify the use of compulsory licensing to the US government. The US commerce secretary took an aggressive stance and acted like a representative of US drug firms in demanding the cancellation of compulsory licences when Thai Health Minister Mongkol na Songkhla met him on Monday in Washington.

Kannikar Kijtiwatchakul, a campaigner from Medecins Sans Frontieres (MSF) in Thailand, said the resolution was a great success for developing countries in their battle to get access to medicines.

"The fundamental problems of high drug prices caused by the reliance on patents for research and development on drugs should be explored as a next step," she said.

Kannikar claimed that the assembly also adopted a resolution to explore R&D incentive mechanisms and to address the link between R&D costs and the price of medicines, vaccines and diagnostic kits.

Besides agreements on public health, innovation and intellectual property rights, the WHO's member states also reached resolutions on pandemic influenza preparedness and access to vaccines and other benefits that would be shared among the members.

Chan, head of the WHO, said the sharing would flow from improved international cooperation and preparation.

The resolution requires the WHO to establish an international stockpile of vaccines for H5N1 bird-flu and other influenza viruses of pandemic potential and to formulate mechanisms and guidelines aimed at ensuring fair and equitable distribution of vaccines at affordable prices.

- The Nation

Edited by sriracha john
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The WHO's resolution came just three days after Thailand failed to clarify the use of compulsory licensing to the US government. The US commerce secretary took an aggressive stance and acted like a representative of US drug firms in demanding the cancellation of compulsory licences when Thai Health Minister Mongkol na Songkhla met him on Monday in Washington.

Of course the US commerce secretary took an agressive stance,his wages are probably paid for by the drug companies with the massive amount that they "donate" to American political parties.....I wonder why they do that??? :o

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Here is the actual resolution:

http://www.who.int/gb/ebwha/pdf_files/WHA60/A60_R30-en.pdf

Nice to see the Thai official was so confident:

A representative of Thailand's Public Health Ministry who attended the assembly said the resolution was very good news for Thailand.

"We have fought to the last minute to convince other countries to agree with us," said the health official, who asked not to be named.

Edited by TokyoT
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Again there is a difference betwen a drug for a public health emergency such as HIV/AIDS and the expanded list Thailand is proposing which includes cholestoral lowering drugs if I am not mistaken.

The WTO allows the CL for public health emergencies and only the most blinkered would object to Thailand issueing these for HIV/AIDS drugs but it would be better if theynegotiated first even if they had no legal requirment to - better PR at least

Then there are the other drugs - no public health emergency there - Thailand is going to try and set a precedent the outcome of which no-one can guess.

Why not go the whole hog and say patented all medication is to expensive for the poor nation that is Thailand and CL everything?

Interesting times indeed.

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IP in Thailand: Who's the Real Pirate?

Once an epicenter of the AIDS epidemic, Thailand won international acclaim in recent years for its aggressive health campaign to address HIV, reducing the prevalence of infections and improving treatment for those with the virus. But when Thailand announced last year that it was seeking to cut the cost of treatment by allowing the sale of generic versions of two drugs for fighting HIV, the U.S. government and pharmaceutical industry yelled foul.

At the heart of this dispute are a pair of questions: When can patents be overridden for the sake of public health? And does violating patents now end up quashing the innovative drive that leads to life-saving medicine later on?

Thailand has been in negotiations with Abbott Laboratories and Merck & Co., which own the rights to the drugs, to see if they can reach a deal. But the deadlock continues. U.S. officials have alleged that Thailand is undercutting respect for patents. They put the kingdom on a watch list that could weaken its international trading position. Against this backdrop, Thai Health Minister Mongkol Na Songkhla led a high-level delegation this week to Washington for urgent talks with U.S. Commerce Secretary Carlos Gutierrez and U.S. Deputy Trade Representative John K. Veroneau.

Between meetings, Mongkol and his seven-member entourage stopped by Tuesday afternoon to see us at the Washington Post to talk about Thailand's take on intellectual property.

Mongkol and his aides told us they understand the importance of patents. They say they're wary of undermining innovation. But they say the poor of Thailand cannot afford the AIDS drugs, which cost about $2,200 per year of treatment. Thailand's goal is to create a tiered pricing system with the country's middle-class and foreign residents paying market rates while the poor get the drugs for much less.

Thailand says it can get generic versions of Abbott's Kaletra and Merck's Stocrin from India and may also produce these domestically. If these companies want to do business in Thailand, they should offer their drugs for no more than 5 percent over the generic cost, he said.

As our session with the minister continued, it took a provocative twist, raising questions about who really respects IP. The conversation turned to another dispute, this one over bird flu. Developing countries, led by Indonesia and including Thailand, have criticized the global system under which governments share samples of the avian flu virus with the World Health Organization and its collaborating labs. Studying these samples is crucial for understanding the virus, mapping its progress and perhaps predicting the outbreak of a pandemic that could kill tens of millions of people worldwide.

But the virus samples are also used by drug companies to make vaccines which most developing countries can't afford. In his 66 years of life, Mongkol said he'd never had a regular flu shot. "It's too expensive for me," the minister said.

Indonesia and Thailand, on the front line of the bird flu epidemic, say they never gave their permission for the virus samples to be used commercially and refused to send any more to the WHO until their interests are protected. Thailand wants all countries to be guaranteed a minimum supply of vaccine.

Dr. Suwit Wibulpolprasert, Thailand's senior advisor on disease control, told us that the world has been robbing developing countries of their rights by using the virus samples without permission. He noted that the U.S. and other developed countries get upset when their intellectual property is pirated by developing countries, such as when CDs, DVDs and software get copied illegally in Asia. Now, Washington is also upset about violations of the patents for the AIDS drugs.

What about the rights of developing countries to their virus samples, he asked. Using these samples without providing a benefit to the countries of origin is nothing less, he said, than "biopiracy."

Source: Washington Post - 24 May 2007

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For some reason I cannot get the full article – but in the summary it looks like Thailand might reach and agreement with Merck:

Second story down the list:

Government is considering revoking the compulsory licence for Efavirenz

http://www.bangkokpost.com/240507_News/

And the politicking continues (as would be expected) by the big drug companies:

PhRMA takes aim at Thailand for production of generics, hints that it will push for sanctions

http://thehill.com/business--lobby/phrma-t...2007-05-23.html

Edited by TokyoT
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WTO backs the use of CL! Awesome! :o

Well its so nice to see that the "dooms day" brigade were wrong again.

so lets have a summery of the 640 posts.

At the begining of the thread it was all about how thailand is evil and how the goverment is stealing from drug companies.

but it was proven that thailand is not stealing.

then it was about how thailand will be hurt from this decision.

but it was proven that thailand as well as other countries are using the CL to presure the drug companies to reduce price.

then it was debated that the US politicians are against CL

but it was proven that those same politiciana are actually in the pocket of those drug companies. and that the US trades comitee actually supports Thailand. and even presidnt Clinton supports thaialnd.

then there was a nice debate on how thailand is getting a bad PR

but it was proven that thsi PR is generated by the drug companies.

then we had a nice debate about drugs R&D and the approval process that drug comapnies claim that they will not be able to do if the are not allowed to profit.

but it was proven that those drug comapnies are actually investing only 20% in reserch and approval and the major expense they have is for "marketing and administration"(fat sallaries, bonuses and bribing doctors)

this was followed by a nice debate about thailand not having any reserch of its own and the low level of Thailand in bio reserch. but this was proven wrong as well.

Now finally the WHO is suporting Thailand and Thailand has a few remarks of its own to drug companies about ip theft and

reserch theft.

Its 640 posts later and it turns up that thaialnd has faced the drug giants and won.

What a great day.

and at the end of the day when all those high power games are over its the poor people who now can stay alive.

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Interesting about the IP on the biosamples?

Who does own it?

Thing is though birds fly ;-)

And may have flown already - there is already a vacine registered in europe with the H5N1 strain from both Vietnam and Indonesia if I am not mistaken.

Thailand has its own supply of the virus - why not put those great scientist to work at the GPO producing a vaccine? - do they have a adjuvant though ;-)

Has Thailand published a Pandemic Flu strategy yet?

Its obvious that there will not be enough vaccine to ago around even if it was given away as it will not be produced quick enough.

It will have to be rationed even in countries where they produce the vaccine with health care workers, security service ie police/army and other essential workers getting first divvie then the most vunerable after that - seems pretty fair to me and the most rational of al the options.

I

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nice summary highdiver

might be worth noting that some of the folks supporting Big Pharma ..... work for big Pharma :o

I have never tried to hide it and openly posted so do not try to make out anything sneaky is happening _ it adds nothing to your argument

I have been explicit also in my support for thailand and the hiv drugs but not the others _ if you can read you will also notice i have slagged abbot>

what is it you do again?

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WTO backs the use of CL! Awesome! :D

Well its so nice to see that the "dooms day" brigade were wrong again.

so lets have a summery of the 640 posts.

At the begining of the thread it was all about how thailand is evil and how the goverment is stealing from drug companies.

but it was proven that thailand is not stealing.

then it was about how thailand will be hurt from this decision.

but it was proven that thailand as well as other countries are using the CL to presure the drug companies to reduce price.

then it was debated that the US politicians are against CL

but it was proven that those same politiciana are actually in the pocket of those drug companies. and that the US trades comitee actually supports Thailand. and even presidnt Clinton supports thaialnd.

then there was a nice debate on how thailand is getting a bad PR

but it was proven that thsi PR is generated by the drug companies.

then we had a nice debate about drugs R&D and the approval process that drug comapnies claim that they will not be able to do if the are not allowed to profit.

but it was proven that those drug comapnies are actually investing only 20% in reserch and approval and the major expense they have is for "marketing and administration"(fat sallaries, bonuses and bribing doctors)

this was followed by a nice debate about thailand not having any reserch of its own and the low level of Thailand in bio reserch. but this was proven wrong as well.

Now finally the WHO is suporting Thailand and Thailand has a few remarks of its own to drug companies about ip theft and

reserch theft.

Its 640 posts later and it turns up that thaialnd has faced the drug giants and won.

What a great day.

and at the end of the day when all those high power games are over its the poor people who now can stay alive.

:D Cheers krab! :o

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Interesting about the IP on the biosamples?

Who does own it?

its all about facts!!! :o

Thing is though birds fly ;-)

And may have flown already - there is already a vacine registered in europe with the H5N1 strain from both Vietnam and Indonesia if I am not mistaken.

no it was registerd in thailand :o

Thailand has its own supply of the virus - why not put those great scientist to work at the GPO producing a vaccine? - do they have a adjuvant though ;-)

:whistling:BANGKOK, May 22 (Reuters) - Thailand's military-appointed cabinet approved on Tuesday a plan to build a $42.5 million vaccine plant that can produce up to 10 million doses of flu vaccine a year, the government said.

The new plant would develop bird flu vaccines using strains from Indonesia and Vietnam, the two countries hardest hit by the H5N1 virus which resurfaced in Asia in late 2003.

The World Health Organisation (WHO) has provided a $2 million grant for the project, which will use Chinese technology and be built by the Thai state drug producer, the Government Pharmaceutical Organisation (GPO). :D:D

Has Thailand published a Pandemic Flu strategy yet?

National Strategic Plan for Avian Influenza Control and Influenza Pandemic Preparedness in Thailand, 2005-2007

http://epid.moph.go.th/invest/ai/bird%20flu.pdf :D:D

Its obvious that there will not be enough vaccine to ago around even if it was given away as it will not be produced quick enough.

:bah::bah:

It will have to be rationed even in countries where they produce the vaccine with health care workers, security service ie police/army and other essential workers getting first divvie then the most vunerable after that - seems pretty fair to me and the most rational of al the options.

yes reality is all about facts.

I

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WTO backs the use of CL! Awesome! :o

Well its so nice to see that the "dooms day" brigade were wrong again.

so lets have a summery of the 640 posts.

At the begining of the thread it was all about how thailand is evil and how the goverment is stealing from drug companies.

but it was proven that thailand is not stealing.

then it was about how thailand will be hurt from this decision.

but it was proven that thailand as well as other countries are using the CL to presure the drug companies to reduce price.

then it was debated that the US politicians are against CL

but it was proven that those same politiciana are actually in the pocket of those drug companies. and that the US trades comitee actually supports Thailand. and even presidnt Clinton supports thaialnd.

then there was a nice debate on how thailand is getting a bad PR

but it was proven that thsi PR is generated by the drug companies.

then we had a nice debate about drugs R&D and the approval process that drug comapnies claim that they will not be able to do if the are not allowed to profit.

but it was proven that those drug comapnies are actually investing only 20% in reserch and approval and the major expense they have is for "marketing and administration"(fat sallaries, bonuses and bribing doctors)

this was followed by a nice debate about thailand not having any reserch of its own and the low level of Thailand in bio reserch. but this was proven wrong as well.

Now finally the WHO is suporting Thailand and Thailand has a few remarks of its own to drug companies about ip theft and

reserch theft.

Its 640 posts later and it turns up that thaialnd has faced the drug giants and won.

What a great day.

and at the end of the day when all those high power games are over its the poor people who now can stay alive.

If you really think Thailand is anywhere on the map regarding drug research you are drinking too much - its not even close to being anybody in its region above say Burma and Cambodia never mind on the world map.

Nice self delusion you have though!

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WTO backs the use of CL! Awesome! :D

Well its so nice to see that the "dooms day" brigade were wrong again.

so lets have a summery of the 640 posts.

At the begining of the thread it was all about how thailand is evil and how the goverment is stealing from drug companies.

but it was proven that thailand is not stealing.

then it was about how thailand will be hurt from this decision.

but it was proven that thailand as well as other countries are using the CL to presure the drug companies to reduce price.

then it was debated that the US politicians are against CL

but it was proven that those same politiciana are actually in the pocket of those drug companies. and that the US trades comitee actually supports Thailand. and even presidnt Clinton supports thaialnd.

then there was a nice debate on how thailand is getting a bad PR

but it was proven that thsi PR is generated by the drug companies.

then we had a nice debate about drugs R&D and the approval process that drug comapnies claim that they will not be able to do if the are not allowed to profit.

but it was proven that those drug comapnies are actually investing only 20% in reserch and approval and the major expense they have is for "marketing and administration"(fat sallaries, bonuses and bribing doctors)

this was followed by a nice debate about thailand not having any reserch of its own and the low level of Thailand in bio reserch. but this was proven wrong as well.

Now finally the WHO is suporting Thailand and Thailand has a few remarks of its own to drug companies about ip theft and

reserch theft.

Its 640 posts later and it turns up that thaialnd has faced the drug giants and won.

What a great day.

and at the end of the day when all those high power games are over its the poor people who now can stay alive.

:D Cheers krab! :D

nice summary highdiver

my sentiments as, well... :o

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The report in The Nation and the supposed glowing support for Thailand and the CL is not quite as clear cut as you might believe. Prior to Thailand issuing the CL’s the WHO warned them that going down that road might be a dangerous path, but once Thailand went down that path WHO did support their legal right to do so. If you read the WHO resolution that is really all the resolution is saying and it does not go out and directly pat Thailand and Brazil on the back for issuing CL’s.

The issue or drug prices and IP has been an issue WHO has been attempting to deal with for some time, and they formed a committee to address this issue last year. IMHO the resolution is more of a show of support for WHO to continue in attempting to deal with this issue and asking all member nations to abide by the guidelines (like TRIP – which allows for CL’s). The resolution is certainly good for Thailand but hardly the glowing sign of support the Nation makes it out to be.

The issue of CL’s is hardly over and the long-term consequences are hardly clear. The big pharm companies are still putting pressure on the US to take trade related actions against Thailand (which I doubt will actually materialize into much). Then there will still be the issue of what big pharm will do in relation to issuing future drugs into countries that they feel are abusing the CL option. For example if Abbott happens to develop a new break-thru drug to deal with Aids, what would be their motivation to licence it in Thailand? – knowing that the likely outcome would be for Thailand to issue a CL.

Additionally support to show that the fight is far from over is indicated in the Bangkok post article from the 24th, Thailand has already considered revoking the compulsory licence for Efavirenz.

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All in all it's been a GREAT news week for this topic! We should ALL be happy!

Maybe....

Govt considers revoking compulsory licence for Efavirenz

http://www.bangkokpost.com/240507_News/24May2007_news02.php

Govt considers revoking compulsory licence for Efavirenz

APIRADEE TREERUTKUARKUL

The government is considering revoking the compulsory licence issued for a generic version of the HIV/Aids medicine Efavirenz after a promising start to informal talks with patent holder Merck & Co Inc in the United States yesterday.

Public Health Minister Mongkol na Songkhla said Merck representatives proposed several interesting options for the anti-retroviral medication which could lead to a win-win solution for both sides.

''Who wants to buy generic drugs for treating patients if the original drug is more affordable?'' he said during a teleconference from the United States.

His unexpected comment came just one day after he said the trip to the US had failed to make any inroads into ending the disagreements between Thailand and US pharmaceutical firms.

US Secretary of Commerce Carlos Gutierrez was reported to have put pressure on the Thai team to abandon its policy of compulsory licensing.

The Public Health Ministry last November issued a compulsory licence to import a generic version of Efavirenz from Indian drug maker Ranbaxy which would cost 540 baht per month per patient _ considerably cheaper than the original drug, which costs 726 baht per month per patient.

Dr Mongkol did not give details of the options proposed by the New Jersey-based pharmaceutical firm but said it could be a good example for other drug makers whose patents for Aids and blood thinning drugs had been overridden.

Dr Mongkol insisted the government reserved the right to use compulsory licensing if a problem of access to affordable medicines occurred with any life-threatening disease in Thailand.

Thai Public Health, Commerce and Foreign Affairs ministry officials were in the US to explain to US representatives from various sectors, including pharmaceutical firms, the government's decisions to bypass patents on Aids drugs Efavirenz and Kaletra and the heart drug Plavix.

Billy Tauzin, president and chief executive of the Pharmaceutical Research and Manufacturers of America, representing the leading US pharmaceutical research and biotechnology companies, also made it clear to the health minister that leading American drug firms remained deeply troubled by Thailand's use of compulsory licensing.

''Pursuing such drastic measures, as the Thai government has done, not only hurts the innovative engine that helps economies around the world prosper. Worse, it could also limit access to new breakthrough medicines for patients suffering from life-threatening diseases such as HIV/Aids and cancer,'' he said. ''Clearly, Thai patients deserve better.''

But Dr Mongkol argued that Washington had received misleading information about Thai policy.

Virat Poorahong of the Thai network Living with HIV/Aids expressed concern at the government's indecisiveness.

''We do not support the government threatening drug companies by announcing compulsory licensing. But we want the government to think and act fast,'' Mr Virat said.

''We're talking about the lives of half a million HIV-positive people and many more cancer patients who could be short of life-saving medications.''

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"''Who wants to buy generic drugs for treating patients if the original drug is more affordable?'' he said during a teleconference from the United States. "

Exactly - why not negotiate first - then if no luck issue the CL then negotiate again and if no luck buy generic?

BUT - what for

"Dr Mongkol insisted the government reserved the right to use compulsory licensing if a problem of access to affordable medicines occurred with any life-threatening disease in Thailand. "

So any medicine that treats a disease which can cause mortality is under threat from CL even if there is no public health emergency?

Its going to be a long list!

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"''Who wants to buy generic drugs for treating patients if the original drug is more affordable?'' he said during a teleconference from the United States. "

Exactly - why not negotiate first - then if no luck issue the CL then negotiate again and if no luck buy generic?

BUT - what for

"Dr Mongkol insisted the government reserved the right to use compulsory licensing if a problem of access to affordable medicines occurred with any life-threatening disease in Thailand. "

So any medicine that treats a disease which can cause mortality is under threat from CL even if there is no public health emergency?

Its going to be a long list!

Didn't the US break patents on over 300 ... compared to Thailand so far looking at 3? .... oooops

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"''Who wants to buy generic drugs for treating patients if the original drug is more affordable?'' he said during a teleconference from the United States. "

Exactly - why not negotiate first - then if no luck issue the CL then negotiate again and if no luck buy generic?

fact darling facts!!!

they did negotiate for over 2 years. then they issued the CL and now they are still trying to negotiate. but please dont be let the truth affect your posts. :o

BUT - what for

"Dr Mongkol insisted the government reserved the right to use compulsory licensing if a problem of access to affordable medicines occurred with any life-threatening disease in Thailand. "

So any medicine that treats a disease which can cause mortality is under threat from CL even if there is no public health emergency?

Its going to be a long list!

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"''Who wants to buy generic drugs for treating patients if the original drug is more affordable?'' he said during a teleconference from the United States. "

Exactly - why not negotiate first - then if no luck issue the CL then negotiate again and if no luck buy generic?

fact darling facts!!!

they did negotiate for over 2 years. then they issued the CL and now they are still trying to negotiate. but please dont be let the truth affect your posts. :o

BUT - what for

"Dr Mongkol insisted the government reserved the right to use compulsory licensing if a problem of access to affordable medicines occurred with any life-threatening disease in Thailand. "

So any medicine that treats a disease which can cause mortality is under threat from CL even if there is no public health emergency?

Its going to be a long list!

Calling me darling? - next you will be saying I have a purty mouth!

Please try to follow this as its simple

Yes Thailand had been negotiating with some pharma

No - it was not about the drugs they issued the CL for

Simple enough for you - we are talking specifics not eneralisations but if thats beyond you then please lay off the noggin before lunch - tilac

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