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Published on August 23, 2007

Thailand's use of compulsory licences to override patents on expensive but vital drugs now sees it at loggerheads with the European Union (EU) - as well as the US.

Thai health activists and international health advocacy groups will send letters next week to try to find out why a key member of the European Commission recently sent a letter to the Commerce Minister protesting about Thailand's move to issue compulsory licences to avoid drug patents.

Lawan Sarovat, deputy medicine co-ordinator at Medecins Sans Frontieres (Doctors Without Borders) Belgium in Thailand, said the move was to fight EU Trade Commissioner Peter Mandelson.

Mandelson broke a resolution of the EU Parliament issued on July 12, saying the EU would endorse developing countries' right to fully implement a World Trade Organisation deal on intellectual property rights to promote access to medicines for all.

On August 10, Mandelson sent a letter to Krirk-krai Jirapaet, saying the EU was concerned the Thai government's move "would be detrimental to the patent system, and so to innovation and development of new medicine".

Lawan said MSF and Oxfam, one of the biggest non-government groups in the UK, would send a joint letter next week directly to Mandelson and the president of the European Parliament.

"We want to know what is the motive behind Mandelson's letter, what made him break the resolution of the EU."

Thai activists also plan to write a letter. Jiraporn Limpananond, chairman of the Foundation for Consumers, said Mandelson's letter was an intervention in Thai affairs.

Public Health Minister Dr Mongkol na Songkhla wrote back to Mandelson and the EU president on August 12 to explain the country's policy on compulsory licensing (CL). He insisted that Thailand would purchase patented drugs if patent holders sell them at prices 5 per cent above the lowest-priced generic.

He also asked about the EU's recommendations to implement compulsory licences, as many European countries have implemented them on medicines from the global biotechnology investment community.

Prime Minister Surayud Chulanont called for an urgent meeting of all agencies on Friday to discuss the issue. Aside from the EU move, the PM also received a letter of protest last month from the US ambassador on the matter.

Pennapa Hongthong

The Nation