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Published on February 9, 2008

At a meeting with activists he made  remarks that some felt dehumanised Aids patients.

"When I weigh his words, I can only imagine he feels Aids patients belong in crematoriums," Paisan Chong-anurak said later in the day.

Paisan and others met Chaiya to ask him not to revoke compulsory licensing on Aids medicine. During the meeting, Paisan mentioned that he might need to take weedkiller if he lost access to the medicine.

"Then [Chaiya] said he would send jan flowers," Paisan said.

Thais lay jan in crematoriums as they bid their last farewells to the dead.

"At the time I didn't think much about it, but now I look back, I don't feel he places much human value on us," Paisan said.

An activist group of 30 patients suffering from HIV/Aids, cancer, liver disease and other health problems urged Chaiya to halt the withdrawal of the enforcement of compulsory licensing for three cancer drugs.

Chaiya has said he would review the enforcement of compulsory licensing for the drugs.

Nimitr Tienudom, secretary of the Aids Access Foundation representing a group of patients, said the new health minister should not cancel the enforcement if he could not come up with an alternative plan to make the drugs affordable.

Chaiya should also give civic groups more opportunity to participate in the review of the recent enforcement of compulsory licensing, Nimitr said.

He also urged Chaiya to consider very carefully before making a decision on the matter.

"We strongly disagree with the new health minister's decision to withdraw the enforcement of compulsory licensing for cancer drugs. If he insists, then he had better provide an inexpensive alternative, he said.

He said he would ask the minister to provide a document from the pharmaceutical company, which was sent to the Ministry of Commerce and the Ministry of Public Health in the last government. He also said they had not been invited by the former health minister to participate in the negotiations on reducing drug prices. Before the health ministry announces the enforcement of compulsory licensing it should hold a meeting which complies with international regulations, he said.

"What kind of information did he receive from the drug firms? We will ask the new minister of public health to provide the document and let the public know the truth," he said.

Meanwhile Dr Wichai Chokevivat, who chairs the committee in charge of compulsory licensing, has issued a white paper outlining the details of the committee's enforcement of compulsory licensing for the four cancer drugs in the interests of transparency.

The white paper is a 10-point explanation of how the panel fully complied with Article 51 of the Intellectual Property Act, which allows the ministry to use compulsory licensing to allow people access to cheaper, generic versions of patented drugs

However, he said it was too early for the new minister to review the recent licensing for cancer drugs and if he moved to cancel the enforcement it would create serious problems for cancer patients needing treatment.

Chaiya said the review of the enforcement of compulsory licensing for cancer drugs must continue. The official letter issued on January 30 from the Commerce Ministry noted that the Pharmaceutical Research and Manufacturers' Association of the United States of America would ask the United States Trade Representative (USRT) to put Thailand on the highest priority watch list due to the recent imposition of compulsory licensing, he said.

"The Ministry of Commerce has warned me about the impact of the recent enforcement of compulsory licensing in that the American Pharmaceutical Association is to ask the USTR to put Thailand high on the US watch list, which would have an impact on the economy and international trade with the US," he said.

The health ministry will renew price-reduction negotiations with the drug firm, and unless it achieves a satisfactory outcome it will announce compulsory licensing for theses drugs, he added.

However, if negotiations are successful he will ask the government to allocate funds in the budget to buy the cheaper drugs from the drug firm.

"I have more money available than a drug company like Abbott. So you don't have to panic imagining that I will withdraw the recent licensing for the cancer drugs. I just want to review it, because it was all decided without due process," he said.

Pongphon Sarnsamak

The Nation