Thai Aids Groups Seek Help To Counter 'Ever-Green Patents'

[webfact]

Aids groups seek help to counter 'ever-green patents'

By Petchanet Pratruangkrai

The Nation

People with HIV/Aids have called for the Intellectual Property Department to amend the application process for drugs to pave the way for greater access to life-saving medicines amid plans by producers to extend patents for longer periods following a small adjustment to drug formulas.

IP Department director general Pajchima Tanasanti said they would consider Aids patients' concerns in approving patents for drug companies because the issue could cause difficulties for them in accessing drugs in the future.

The move by Aids patients' network came because they fear most patent holders in Thailand want to hold "ever-green patents" so they can retain profits from popular drugs for as long as possible.

An ever-green patent means holders - typically large, multinational drug companies - can apply for new patents by making only minor changes to drug formulas. The strategy allows them to keep an existing patent in play for much longer.

Pajchima said the department would try to take care on the issue because it had serious worries it would affect public access to affordable medicines. The department would also name a representative from Aids groups for a subcommittee looking at changes to the Patent Act to increase the chance for patients to be involved in law changes.

According to the Health Systems Research Institute, 96 per cent of the 2,034 patents granted over the past decade were categorised as "ever-green". This has caused difficulty for patients seeking to get access to cheaper life-saving drug because it gave "unlimited protection" for medicine producers.

-- The Nation 2011-09-13

[wolf5370]

Just wrote a big post for this, but then TV ate it - so too p!ssed off to write it again - just be aware it was he best post ever!

[Humphrey Bear]

Unlike you, this is a quickie.

Why treat HIV/AIDS patients at all. It's self-inflicted injury.

If any patient wants to have treatment, let them self-medicate and not waste a doctor's valuable time.

[animatic]

Unlike you, this is a quickie.

Why treat HIV/AIDS patients at all. It's self-inflicted injury.

If any patient wants to have treatment, let them self-medicate and not waste a doctor's valuable time.

Tell that to my adopted daughters dead little brother who contracted it in the womb... Oh well, guess he should have inflicted himself with a different mother. And it was NOT the mothers fault either, she was equally a victim. She's dead too. And she didn't know she had HIV till visiting the MD for the pregnancy.

If you don't think some HIV patients are not rapists or some accidentally infect others before they KNOW they have it, you are very, very short sighted. Too much of a quickie to think it through more than superficially.

Edited September 13, 2011 by animatic

[Humphrey Bear]

Nope - that's been my position for many, many years now.

I understand the drug companies eagerness to use the disease, because it is a very interesting, fast-mutating virus. But I do not consider that it is something for doctors and hospitals - just sell the retro-viral drugs over the counter in pharmacies, if people want to slow their death. Because it is not curable - it'll get you sooner or later.

[jonclark]

Nope - that's been my position for many, many years now.

I understand the drug companies eagerness to use the disease, because it is a very interesting, fast-mutating virus. But I do not consider that it is something for doctors and hospitals - just sell the retro-viral drugs over the counter in pharmacies, if people want to slow their death. Because it is not curable - it'll get you sooner or later.

You really are showing your ignorance - Currently the range of AV drugs can allow a 21 year old who is HIV + to have a life expectancy comparable to that of a hiv - individual of the same age (source The Lancet). If you think that saving the lives of the millions who are hiv + is not worth it as the disease is not curable you are a sorry individual. But I applaud your honesty

Remember most of the disease that are curable today, where once uncurable, however the data collected by doctors and hospitals from their patients allowed drug companies to devise pharmaceuticals to change the incurable into curable. That is a point you fail to address in your post.

[Nisa]

Unlike you, this is a quickie.

Why treat HIV/AIDS patients at all. It's self-inflicted injury.

If any patient wants to have treatment, let them self-medicate and not waste a doctor's valuable time.

Using this kind of very inaccurate logic we can say that the vast majority of things people see doctors for and take medicines for are self-inflicted and shouldn't be treated.

[Nisa]

Nope - that's been my position for many, many years now.

I understand the drug companies eagerness to use the disease, because it is a very interesting, fast-mutating virus. But I do not consider that it is something for doctors and hospitals - just sell the retro-viral drugs over the counter in pharmacies, if people want to slow their death. Because it is not curable - it'll get you sooner or later.

Tell that to Magic Johnson who announced he was HIV Positive 20 years ago and who now jogs 5-miles to his office every day and has no detectable amount of HIV in his system. No, he is not cured but at 52, it seems he may die of something else other than anything related to HIV / Aids.

Again, you logic is strange ... Everybody is dying and will die but it is all about prolonging the death while living the best quality life you can.

Why not have the guts to share your real thoughts and views instead of trying to pretend their is some rational logic behind your statements.

[dominique355]

This is a very misleading claim by the Thai AIDS group. What is a minor change to a formula? Anyone with even a little knowledge of chemistry knows that seemingly minor changes in a formula or compound can be the result and the cause of huge differences. Exchange one atom, which seem like a minor change, but the pharmaceutical properties and the process for producing the compound is totally different.

Or even consider the spatial configuration of a molecule, a minor change can make the compound pharmacologically active or inactive (or even toxic).

Such "minor changes" are often not obvious at all and do indeed constitute a major progress in the research for treating an illness.

On the other hand, if the minor change is obvious (to those skilled in the art), then the existing patent law prevents the patenting of the "new" substance. All it needs is to apply the existing laws.

So instead of accusing the big pharmaceutical companies, perhaps these AIDS infected people get information first and open their mouth after. And it might be useful to remember that without patent protection there would be no medicine at all the treat AIDS in the first place.

[Screws]

This is a very misleading claim by the Thai AIDS group. What is a minor change to a formula? Anyone with even a little knowledge of chemistry knows that seemingly minor changes in a formula or compound can be the result and the cause of huge differences. Exchange one atom, which seem like a minor change, but the pharmaceutical properties and the process for producing the compound is totally different.

Or even consider the spatial configuration of a molecule, a minor change can make the compound pharmacologically active or inactive (or even toxic).

Such "minor changes" are often not obvious at all and do indeed constitute a major progress in the research for treating an illness.

On the other hand, if the minor change is obvious (to those skilled in the art), then the existing patent law prevents the patenting of the "new" substance. All it needs is to apply the existing laws.

So instead of accusing the big pharmaceutical companies, perhaps these AIDS infected people get information first and open their mouth after. And it might be useful to remember that without patent protection there would be no medicine at all the treat AIDS in the first place.

The above is correct, plus in the case of 'minor changes', it is only the minor changes that can be patented, presuming that they are novel & unobvious. The original medicine will become public domain - can be genericed. Presuming patent system is functioning properly, which might be a big presumption-

[soundman]

I have removed many posts from view for flaming and making personal comparisons with unsavory historical figures.

Please try to debate in a civil manner, even when other member's views are totally contrary to your own.

Use the report button to bring objectionable material to the board moderator's attention instead of flaming each other.

[grjm378]

The first doctor in New Zealand that began treating HIV + patients back in the 80"s, recently gave a talk on National Radio on AIDS patients and the new drugs. He said that provided the patients took the drugs as prescribed and had regular check ups then there would be no reason for that person to not lead a normal life and life of 3 score years and 10, or maybe more.

[tw25rw]

3 score years and 10, or maybe more.

What's that for those born since 1870?

[blackthorn2005]

Unlike you, this is a quickie.

Why treat HIV/AIDS patients at all. It's self-inflicted injury.

If any patient wants to have treatment, let them self-medicate and not waste a doctor's valuable time.

Ignorant and unsympathetic. What goes around comes around.

[plumeria]

I thought 2009 Ramon Magsaysay Award winner Krisana Kraisintu (pharmaceutical chemistry PhD) who heads the Research and Development Institute of the Government Pharmaceutical Organization had already created generic AIDS medicines because she considers the expensive brand-name AIDS meds are "a crime against humanity, and a holocaust of the poor".

And doesn't the GPO already makes them available at an affordable cost?

Have I been misinformed?

For certain, pharma is bigger than oil, maybe bigger than the weapons industry, so I hope some brave and clever people do make some generic AIDS meds to save these peoples' lives regardless of the tiny impact it may have on the profits of the drug companies.

[uptoyoumyfriend]

i don't think anybody is really interested-but-

the main benefit for society of hiv patients having good treatment is aside from them living longer-that the chance they infect others is greatly reduced -like 95 % or more !!!

[fritter1970]

Unlike you, this is a quickie.

Why treat HIV/AIDS patients at all. It's self-inflicted injury.

If any patient wants to have treatment, let them self-medicate and not waste a doctor's valuable time.

Low life

[Ijustwannateach]

Unlike you, this is a quickie.

Why treat HIV/AIDS patients at all. It's self-inflicted injury.

If any patient wants to have treatment, let them self-medicate and not waste a doctor's valuable time.

I will agree as long as you will agree to permanently forgo all doctors for any problems related to the following conditions which you might develop:

1. Any condition of high blood sugar or high blood pressure- your lifestyle was self-inflicted.

2. Any conditions related to your weight - obviously.

3. Any conditions related to your mental health- it's your mind, it must be your problem.

4. Any conditions related to any disease with which you have become infected - you should have known better than to go where you could pick up a disease.

5. Any conditions related to any smoking or drinking you have ever done

6. Any sexually transmitted diseases - including the ones you pick up from a tiny drop of blood, like Hepatitis C-

7. Any accidents in which another person is not at fault - you should have been more careful

8. Any conditions which resulted from any decisions you ever make- they were your own choices, after all.

[OZEMADE]

Unlike you, this is a quickie.

Why treat HIV/AIDS patients at all. It's self-inflicted injury.

If any patient wants to have treatment, let them self-medicate and not waste a doctor's valuable time.

My original reply was removed by the mod.

However I was wondering just how long you have been sick.

[Scott]

I think people need to realize that a fair number of people inflicted with HIV contracted the virus through tainted blood supplies. So if you or anyone you know needs surgery and contracts the disease, should they be left to die?

Then there are all the children born with the disease who didn't contract it through any fault of their own.

In Thailand, married women are one of the fastest rising groups of HIV patients. Many of these are infected by their husbands.

Whatever you think of other people's sexual behavior, it's not a good practice medically to allow a deadly virus to circulate untreated in the population at large.

[dominique355]

I thought 2009 Ramon Magsaysay Award winner Krisana Kraisintu (pharmaceutical chemistry PhD) who heads the Research and Development Institute of the Government Pharmaceutical Organization had already created generic AIDS medicines because she considers the expensive brand-name AIDS meds are "a crime against humanity, and a holocaust of the poor".

And doesn't the GPO already makes them available at an affordable cost?

Have I been misinformed?

For certain, pharma is bigger than oil, maybe bigger than the weapons industry, so I hope some brave and clever people do make some generic AIDS meds to save these peoples' lives regardless of the tiny impact it may have on the profits of the drug companies.

Before calling the original drug "a crime against humanity" (and generic drugs the punishment?), perhaps Krisana forgot to mention that the original drug was invented by the big bad pharmaceutical company in the first place. Without that, there would be no generic drugs.

[Sheryl]

Unlike you, this is a quickie.

Why treat HIV/AIDS patients at all. It's self-inflicted injury.

If any patient wants to have treatment, let them self-medicate and not waste a doctor's valuable time.

One of the largest groups of newly infected people with HIV in Thailand are ordinary housewives, infected by their philandering husbands. You really think these women deserve to die, or somehow "self-inflicted" it on themselves? Not to mention (as another poster did) infants infected at birth.

Not everyone with HIV had the capacity to have avoided it.

And urging what amounts to the death penalty for those who did seems more than a bit extreme. As IJWT pointed out, by that logic we should also refuse to treat the obese, people with poor diets etc etc.

[Sheryl]

I understand the drug companies eagerness to use the disease, because it is a very interesting, fast-mutating virus. But I do not consider that it is something for doctors and hospitals - just sell the retro-viral drugs over the counter in pharmacies, if people want to slow their death. Because it is not curable - it'll get you sooner or later.

It is not safe or feasible to sell the drugs OTC for a host of medical reasons I won't bother to go into. It would also be a public health disaster of major proportions since the virus would quickly become resistant.

People with HIV do not necessarily (or even usually, these days) die "sooner or later" of it. They are just as likely to die of non-HIV related causes.

As for the "not curable" part, many drugs and treatments do exactly what the HIV drugs do, i.e. reduce the harmful effects of an underlying disease process that can not be totally cured. insulin for diabetes, being just one example.

[geriatrickid]

Unlike you, this is a quickie.

Why treat HIV/AIDS patients at all. It's self-inflicted injury.

If any patient wants to have treatment, let them self-medicate and not waste a doctor's valuable time.

The approach you suggest was applied with general antibiotics. The result is multiple antibiotic resistant bacteria and a general population crisis.

The public position of the group is an attempt to attract public attention to a growing problem. HIV is now on the increase in Thailand with adolescents the prime concern. Thailand's economy cannot afford to lose a large chunk of its 15-25 year old population. The economic impact would be devastating.

I am uncomfortable condemning a teenager for a youthful mistake.

[theanimaster]

Wow... Didn't really think there would actually be people here who are like "ship em all off onto a deserted island and nuke em all!!"

Yeah, what goes around will eventually come around and we'll all be there to say "som nam na".