"If the patented drug is cheaper than generic drugs, there's no need to go for the generic ones," said Mongkol during a visit to the United States.

He said drug manufacturer Merck - which holds the patent for the Aids medicine Efavirenz, and  whose company in Thailand is MSD (Thailand) - had positively responded to his ministry's explanation of why the compulsory license was necessary.

"Poor people in Thailand can expect to get quality medicines at an unprecedented low price in the near future," Mongkol said.

The minister was leading a Thai delegation to the US to explain Thailand's decision to impose compulsory licenses on some lifesaving drugs. According to Mongkol, Merck has shown compassion for poor people by agreeing to work with Thai authorities to reach an appropriate solution.

Mongkol said he had already assigned the Food and Drug Administration secretarygeneral, Siriwat Thiptharadol, and Disease Control Department directorgeneral Thawat Suntrajarn to form a working panel with Merck.

"The panel will focus on how to enhance poor people's access to Efavirenz," Mongkol said. He added that a conclusion could be expected in one or two months.

Mongkol yesterday expressed relief that his ministry's move to enforce compulsory licensing had gained momentum. Earlier, the move had brought enormous pressure from the United States Trade Representative. The US then downgraded Thailand's trade status to "Priority Watch List", citing widespread Thai violation of intellectual property rights.

"All the worry has gone," Mongkol said. "We have seen positive results."

The Thai delegation has already met Pharmaceutical Researchers and Manufacturers of America (PhRMA) - which represents leading US pharmaceutical and biotechnology companies - and also the US Chamber of Commerce and the USASEAN Business Council (USABC).

In a related development, Supatra Nakapiew, head of the Thai NGO Coalition on Aids, said her organisation fully supported Mongkol's compulsorylicensing move because it would benefit patients. She said her coalition comprised 155 organisations and 18 networks working for the rights of Aids patients.

"We will launch websites in Thai and English to bring about public understanding of why the compulsory licenses are necessary," she said.

Supatra urged the government not to back down on the issue of compulsory licenses.

Mongkol explained that the compulsory licenses that have been already announced could be enforced at any time.

Duangkamon Sajirawattanakul

The Nation