Chronic Patients Fight Against Drug Patent: Thailand

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Chronic patients fight against drug patent

Petchanet Pratruangkrai

The Nation

BANGKOK: -- A hundred people living with the Aids virus or chronic diseases yesterday urged the Department of Intellectual Property to withhold granting a patent to a US pharmaceutical firm, saying it would make it difficult for them to access cheap drugs.

The patients marched to the department's head office in Nonthaburi, calling for it to reject the patent application of Gilead Sciences Inc for its anti-retroviral drug, a compound of tenofovir and emtricitabine.

The two ingredients are now categorised as general drugs and can be produced by the Government Pharmaceutical Organisation.

"If the firm were approved for a patent in Thailand, the GPO would be unable to make tenofovir or emtricitabine, which are normally used for people living with HIV. Then Thai patients must pay more for access to this drug," said Chalrmsak Kittitrakul, a campaign officer for the Aids Access Foundation.

Tenofovir now sells for Bt810 per 30 tablets, but if it is patented, the price could jump to more than Bt10,000, as the California firm would gain exclusive rights for more than 20 years, he said. Some Aids patients need this medicine every day. The pharma firm should not get the patent because it is not a new formula and is not based on a new innovation, he added.

Gilead applied for the patent in January. The department is now considering whether to award it after the protest period ended in April.

Pajchima Tanasanti, director-general of the department, told the activists that it would base its decision on fair practice and would ensure that local patients would not suffer in the long run.

-- The Nation 2012-07-19

[sirchai]

Tenofovir now sells for Bt810 per 30 tablets, but if it is patented, the price could jump to more than Bt10,000, as the California firm would gain exclusive rights for more than 20 years, he said. Some Aids patients need this medicine every day. The pharma firm should not get the patent because it is not a new formula and is not based on a new innovation, he added.

They are right. The Californain firm SHOULD NEVER get a patent on it. Just business.

Pharmaceutical industries are not better than any organized crime organizations. Lives don't really count, just money does.

They send guys to doctors all over Europe to describe one of their medications, even if it's a deadly one.

A luxury holiday for the doctor and his family paid by the company etc helps the sick patients a lot.

Edited July 19, 2012 by sirchai

[geriatrickid]

Tenofovir now sells for Bt810 per 30 tablets, but if it is patented, the price could jump to more than Bt10,000, as the California firm would gain exclusive rights for more than 20 years, he said. Some Aids patients need this medicine every day. The pharma firm should not get the patent because it is not a new formula and is not based on a new innovation, he added.

They are right. The Californain firm SHOULD NEVER get a patent on it. Just business.

Pharmaceutical industries are not better than any organized crime organizations. Lives don't really count, just money does.

They send guys to doctors all over Europe to describe one of their medications, even if it's a deadly one.

A luxury holiday for the doctor and his family paid by the company etc helps the sick patients a lot.

Your post is an illustration of the absolute ignorance that characterizes this subject.

The patent request will be rejected. This is merely a legal formality. Gilead attempted to enforce its proposed legal rights in the USA and lost the case. It was a 5 year legal dispute. The US Patent Office & Trademark Office gave its ruling. Once that decision was made, it is to be expected that other countries will follow. The Thai patent litigation was filed sometime ago, but the case was delayed as the key procedure was the US review. Gilead had no choice in the matter. As it is a public company, it was legally compelled to defend its patents. Had it not, all those pension funds, including the sovereign pension funds that pay the benefits many TVFers receive, would have filed class action security suits against the company. The most common security based litigation relates to fiduciary liability where a company and its directors and officers are accused of not taking measures to protect a company's intellectual assets. If you don't like it, then take it up with your local union, religious group, stock broker, mutual fund or national pension fund, because they all invest in companies like Gilead through their own or outside investment funds.

Edited July 19, 2012 by Scott
formatting

[MEL1]

It is a great shame that drug companies do make huge profits out of other peoples' misery and suffering.

I believe drug companies should be forced to be non-profit organisations, accepted that investment and research costs should be met and staff and researchers paid their whack! However, once developed and issued for market resale, I believe medicinal drugs should be offered at break even cost so all can have access; not continued to make huge on-going profits and foresaking the end users in all societies that genuinely need them!

Just my humble opinion.

-mel.

[SABloke]

Tenofovir now sells for Bt810 per 30 tablets, but if it is patented, the price could jump to more than Bt10,000, as the California firm would gain exclusive rights for more than 20 years, he said. Some Aids patients need this medicine every day. The pharma firm should not get the patent because it is not a new formula and is not based on a new innovation, he added.

They are right. The Californain firm SHOULD NEVER get a patent on it. Just business.

Pharmaceutical industries are not better than any organized crime organizations. Lives don't really count, just money does.

They send guys to doctors all over Europe to describe one of their medications, even if it's a deadly one.

A luxury holiday for the doctor and his family paid by the company etc helps the sick patients a lot.

Your post is an illustration of the absolute ignorance that characterizes this subject.

The patent request will be rejected. This is merely a legal formality. Gilead attempted to enforce its proposed legal rights in the USA and lost the case. It was a 5 year legal dispute. The US Patent Office & Trademark Office gave its ruling. Once that decision was made, it is to be expected that other countries will follow. The Thai patent litigation was filed sometime ago, but the case was delayed as the key procedure was the US review. Gilead had no choice in the matter. As it is a public company, it was legally compelled to defend its patents. Had it not, all those pension funds, including the sovereign pension funds that pay the benefits many TVFers receive, would have filed class action security suits against the company. The mosty common security based litigation relates to fiduciary liability where a company and its directors and officers are accused of not taking measures to protect a company's intellectual assets. If you don't like it, then take it up with your local union, religious group, stock broker, mutual fund or national pension fund, because they all invest in companies like Gilead through their own our outside investment funds.

"An illustration of the absolute ignorance that characterizes this subject" is a bit harsh. Whether or not Sirchai knows every detail about this specific case is irrelevant. His thoughts and opinions are valid and speak to a greater truth/problem with the pharmaceutical industry as a whole. Your post, however, is just regurgitated information - no substance or personal insight.

Only 394 posts to go for the magic 10 000. Good luck with that...

[geriatrickid]

Tenofovir now sells for Bt810 per 30 tablets, but if it is patented, the price could jump to more than Bt10,000, as the California firm would gain exclusive rights for more than 20 years, he said. Some Aids patients need this medicine every day. The pharma firm should not get the patent because it is not a new formula and is not based on a new innovation, he added.

They are right. The Californain firm SHOULD NEVER get a patent on it. Just business.

Pharmaceutical industries are not better than any organized crime organizations. Lives don't really count, just money does.

They send guys to doctors all over Europe to describe one of their medications, even if it's a deadly one.

A luxury holiday for the doctor and his family paid by the company etc helps the sick patients a lot.

Your post is an illustration of the absolute ignorance that characterizes this subject.

The patent request will be rejected. This is merely a legal formality. Gilead attempted to enforce its proposed legal rights in the USA and lost the case. It was a 5 year legal dispute. The US Patent Office & Trademark Office gave its ruling. Once that decision was made, it is to be expected that other countries will follow. The Thai patent litigation was filed sometime ago, but the case was delayed as the key procedure was the US review. Gilead had no choice in the matter. As it is a public company, it was legally compelled to defend its patents. Had it not, all those pension funds, including the sovereign pension funds that pay the benefits many TVFers receive, would have filed class action security suits against the company. The mosty common security based litigation relates to fiduciary liability where a company and its directors and officers are accused of not taking measures to protect a company's intellectual assets. If you don't like it, then take it up with your local union, religious group, stock broker, mutual fund or national pension fund, because they all invest in companies like Gilead through their own our outside investment funds.

"An illustration of the absolute ignorance that characterizes this subject" is a bit harsh. Whether or not Sirchai knows every detail about this specific case is irrelevant. His thoughts and opinions are valid and speak to a greater truth/problem with the pharmaceutical industry as a whole. Your post, however, is just regurgitated information - no substance or personal insight.

Only 394 posts to go for the magic 10 000. Good luck with that...

It is ignorance because it relies on a negative sterotype. You haven't the slightest clue as to how pharmaceutical companies develop innovative Active Ingredients do you? It costs hundreds of millions of $C/A/US to develop a new drug. It is a process where new compounds are most likely to fail than succeed. Who picks up the bill for the failures? Do you know how many failed pharma startups litter the economic landscape of the EU and North America. I worked with one that burnt $100million in 3 years as it tried for an effective treatment. Despite tax breaks, the company still lost its investors $100 million and had little to show for it. This was a small cap company and typical of what goes on. The seed money had to come from somewhere and it came from other more profitable drugs. We haven't seen any real therapeutic breakthroughs in the past 5 years, yet billions of $$ are being spent on R&D.

[geriatrickid]

It is a great shame that drug companies do make huge profits out of other peoples' misery and suffering.

I believe drug companies should be forced to be non-profit organisations, accepted that investment and research costs should be met and staff and researchers paid their whack! However, once developed and issued for market resale, I believe medicinal drugs should be offered at break even cost so all can have access; not continued to make huge on-going profits and foresaking the end users in all societies that genuinely need them!

Just my humble opinion.

-mel.

A laudable view. Unfortunately, governments do not have the money to pay for this. Nor do taxpayers want to pay the billions required.

[BarryM]

I paid for a thai friend to visit the uk to receive treatment for hiv circa 2003. At that time even Bumrungrad was not able to help him.

The cost of doctors, lab work and drugs was running at over 3000 pounds a month. Fortunately the consultant in charge appreciated the situation and severalmonths later arranged for him to go on the Gilead Trial in London taking yhese two drugs in combination with effaferenz.

Gilead paid everything and the lad is now fit and well after five years in the uk although now back peddling his wares at a gogo bar in Surawong!

The drug companies have every right to recoup their costs snd make profits. Noone has a right to free treatment or treatment subsidised by western companies. Thats a social issue about the distribution of wealth in thailand

I see no reason for shareholders in drug companies to sponsor and cover up the inadequcies of an injust, third world feudal society.

If patients unable to afford care in thailand have issues about it then they should be knocking on the doors of the hundred or so families that have carved up most of thailands wealth for themselves

[BarryM]

Theres nothing wrong with companies that make great products earning big returns for those who risked investing in them

Think back 20-30 years ago. I still remember seeing the walking skeleton hiv patients, some still in their late teens and a generation of friends lost to hiv

Companies like gilead have developed drugs that work. They deserve to make a profit

How many effective hiv drugs have been developed in thailand? Lack of money? I see no shortage of very expensive cars here, not to mention the occasional private 737 parked up near a clinic in europe somewhere.

If poor thais cant afford ro pay theyshould be looking at why. Its not profiteering pharma, its the corrupt feudal society that created and perpetuates their poverty.

[Scott]

Off-topic posts removed. If you wish to speculate at how much profit is made by a drug, then please give a source. The same with accusations of faking test results.

Please stick to the topic.

[Pseudolus]

They will be granted the patent because the people making the decision will get paid a shed load of cash to make it happen. What the poor campaigners should be doing is getting the name of every person on the Department of Intellectual Property panel deciding this, research their current wealth and publicise it. Then in 6 months time after it has been granted, do the same again paying particular attention to things they own like cars, property etc. Then report the medical company for graft and corruption in their home country.

These people are scum. Complete scum. Tough market in the US for them, so they bounce around to developing nations pushing death on people over their profit. If Thailand had guts, grant it, say it must delivered in X quantities at the same price as the generic available is for 20 years + with massive financial penalties if the supply is not met.

[F430murci]

Tenofovir now sells for Bt810 per 30 tablets, but if it is patented, the price could jump to more than Bt10,000, as the California firm would gain exclusive rights for more than 20 years, he said. Some Aids patients need this medicine every day. The pharma firm should not get the patent because it is not a new formula and is not based on a new innovation, he added.

They are right. The Californain firm SHOULD NEVER get a patent on it. Just business.

Pharmaceutical industries are not better than any organized crime organizations. Lives don't really count, just money does.

They send guys to doctors all over Europe to describe one of their medications, even if it's a deadly one.

A luxury holiday for the doctor and his family paid by the company etc helps the sick patients a lot.

Your post is an illustration of the absolute ignorance that characterizes this subject.

The patent request will be rejected. This is merely a legal formality. Gilead attempted to enforce its proposed legal rights in the USA and lost the case. It was a 5 year legal dispute. The US Patent Office & Trademark Office gave its ruling. Once that decision was made, it is to be expected that other countries will follow. The Thai patent litigation was filed sometime ago, but the case was delayed as the key procedure was the US review. Gilead had no choice in the matter. As it is a public company, it was legally compelled to defend its patents. Had it not, all those pension funds, including the sovereign pension funds that pay the benefits many TVFers receive, would have filed class action security suits against the company. The most common security based litigation relates to fiduciary liability where a company and its directors and officers are accused of not taking measures to protect a company's intellectual assets. If you don't like it, then take it up with your local union, religious group, stock broker, mutual fund or national pension fund, because they all invest in companies like Gilead through their own or outside investment funds.

RE: ignorance comment

Actually both wrong in certain aspects. The first cites examples that violates Stark II and the second is based on rhetoric perhaps more than reality.

[atyclb]

Tenofovir now sells for Bt810 per 30 tablets, but if it is patented, the price could jump to more than Bt10,000, as the California firm would gain exclusive rights for more than 20 years, he said. Some Aids patients need this medicine every day. The pharma firm should not get the patent because it is not a new formula and is not based on a new innovation, he added.

They are right. The Californain firm SHOULD NEVER get a patent on it. Just business.

Pharmaceutical industries are not better than any organized crime organizations. Lives don't really count, just money does.

They send guys to doctors all over Europe to describe one of their medications, even if it's a deadly one.

A luxury holiday for the doctor and his family paid by the company etc helps the sick patients a lot.

Transistors have been around for decades, as have tv screens, music speakers. Applying your definition of innovation, those who combined the aforementioned to make computers, especially PC's, are non innovators.

The amount of research to determine that preexisting drugs when combined a specific way are effective is mind boggling and expensive. Although personally I strongly disagree with the fraud and overcharging done by pharmaceutical companies, they do employ workers whose families need to eat and pay rent.

I also disagree with a drug being not affordable to any given market patient population.

[brianP]

I notice the drug companies spend most of their research on treatments not cures. I guess they don't want to shoot themselves in the foot.

[BarryM]

There are some very vindictive posts here about pharma making money.

They operate in a free market. If you think it's all terribly unfair them you're at liberty to set up your own company and find a cure for diseases like HIV

The fact there are big bucks in it is great. It's the universal incentive. Of course you are also free to devote your life to researching new drugs free of charge. At the end of the day most peoples drug of choice will be one that works. It needs to be affordable to a large enough population to make it commercially viable, that's all.

The IP theft from pharma by third world countries is a disgrace, its simply a further tax on western consumers to subsidize third world despots who horde a country's wealth for themselves.

Of course this means that many more Thais would die unless the government arranged a properly funded healthcare system. Let them decide - It's their country after all. Just don't expect westerners to subsidize it.

[mrtoad]

Tenofovir now sells for Bt810 per 30 tablets, but if it is patented, the price could jump to more than Bt10,000, as the California firm would gain exclusive rights for more than 20 years, he said. Some Aids patients need this medicine every day. The pharma firm should not get the patent because it is not a new formula and is not based on a new innovation, he added.

They are right. The Californain firm SHOULD NEVER get a patent on it. Just business.

Pharmaceutical industries are not better than any organized crime organizations. Lives don't really count, just money does.

They send guys to doctors all over Europe to describe one of their medications, even if it's a deadly one.

A luxury holiday for the doctor and his family paid by the company etc helps the sick patients a lot.

Your post is an illustration of the absolute ignorance that characterizes this subject.

The patent request will be rejected. This is merely a legal formality. Gilead attempted to enforce its proposed legal rights in the USA and lost the case. It was a 5 year legal dispute. The US Patent Office & Trademark Office gave its ruling. Once that decision was made, it is to be expected that other countries will follow. The Thai patent litigation was filed sometime ago, but the case was delayed as the key procedure was the US review. Gilead had no choice in the matter. As it is a public company, it was legally compelled to defend its patents. Had it not, all those pension funds, including the sovereign pension funds that pay the benefits many TVFers receive, would have filed class action security suits against the company. The mosty common security based litigation relates to fiduciary liability where a company and its directors and officers are accused of not taking measures to protect a company's intellectual assets. If you don't like it, then take it up with your local union, religious group, stock broker, mutual fund or national pension fund, because they all invest in companies like Gilead through their own our outside investment funds.

"An illustration of the absolute ignorance that characterizes this subject" is a bit harsh. Whether or not Sirchai knows every detail about this specific case is irrelevant. His thoughts and opinions are valid and speak to a greater truth/problem with the pharmaceutical industry as a whole. Your post, however, is just regurgitated information - no substance or personal insight.

Only 394 posts to go for the magic 10 000. Good luck with that...

You might not like his political views, but he is bang on the money and he does have a good understanding of public health.