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Published on March 11, 2008

The Public Health Ministry will push ahead with compulsory licensing for cancer drugs, arguing the country could save up to Bt3 billion over five years.

"The standpoint of the Public Health Ministry is to protect the benefits of patients, not of business," Minister Chaiya Sasomsap said yesterday.

He was forced to reverse his initial policy, stated on his first day in office, that he would end compulsory licensing for cancer drugs, following political pressure for him to stick to the policy of the previous government.

He said he had talked with Commerce Minister Ming-kwan Sangsuwan to seek a solution to the controversial issue.

The Commerce Ministry will now have to negotiate with drug firms on pricing.

"I think it is over for us here. If the Commerce Ministry goes against this imposition of compulsory licensing for fear of hurting Thailand's international trade, then it is their duty to come up with other protection," Chaiya said.

His predecessor, Dr Mongkol Na Songkla, on January 4 levied compulsory licensing on foreign drugs to treat breast and lung cancer. They are docetaxel, sold as Taxotere by Sanofi Aventis; erlotinib, sold as Tarceva by Roche; and letrozole, sold as Femara by Novartis.

When Chaiya took over the ministry, he suddenly ordered health officials to revise this policy to override drug patents. He cited a confidential letter from the Commerce Ministry expressing concern that Thailand would be designated as a priority foreign country for abusing intellectual property rights and breaking patents on US products.

But the National Cancer Institute of Thailand and the Network of Patients Suffering from Cancer reported that Thailand could save Bt3 billion over five years by using generic versions of the three cancer drugs.

The National Cancer Institute and others estimate there will be 12,000 new breast-cancer cases this year and 14,400 new cases in 2012.

Pongphon Sarnsamak

The Nation