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Published on February 20, 2008

It expressed concerns yesterday that Thailand's enforcement of such compulsory licensing would affect benefits from the European Union's generalised system preference.

Chamber of Commerce vice-chairman, Buntoon Wongseelashote said the chamber was concerned about people's access to medicines but also feared the loss in export goods, which involved millions of people working in the export sector.

He urged the government to help subsidise the purchase of expensive medicines and leave the compulsory licensing as a last resort to give people access to drugs.

He said Thailand's enforcement of the licensing for three cancer drugs might affect Thai investment and trade with the EU members because the three pharmaceutical companies holding patents for the drugs are based in Europe.

Previous meetings with EU trade representatives did not raise the international trade impact of the recent imposition of compulsory licensing for cancer drugs, he said, which means the EU will not threaten Thailand by citing the generalised system preference , as the United States has done. However, he was concerned that the EU might table this issue in the coming international free trade talks with Thailand, to be held on April 16 to 17. "Negotiations with the European Union Committee this year will not discuss compulsory licensing for cancer drugs, but the EU has urged the Thai government for better protection for intellectual property rights of European products under the international trade agreement between ASEAN and EU," he said.

The drugs are docetaxel, produced by Sanofi-Aventis; erlotinib, manufactured by Roche; and lectrozole, made by Novartis. Sanofi-Aventis is based in France, Roche and Novartis are based in Switzerland.

Docetaxel costs Bt26,500 per 89mg injection, but the generic version costs Bt4,000. Erlotinib costs between Bt2,800 and Bt3,000 per tablet, whereas the generic version costs between Bt275 and Bt735. Letrozole costs Bt230 per tablet, while the generic version is priced between Bt7 and Bt10.

To reduce the adverse effects of compulsory licensing, Buntoon said the government should allocate more money and subsidise the universal health care scheme to help poor patients access cheap drugs.

The imposition of compulsory licensing should be the last option used by the government.

However, Health Minister Chaiya Sasomsab confirmed the ministry wants to revise, but not cancel the recent imposition of compulsory licensing for cancer drugs.

The ministry will not cancel the previous imposition of compulsory licensing for Aids and heart disease drugs.

Pongphon Sarnsamak

The Nation