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Published on March 12, 2008

The affirmation of the compulsory licensing policy will ease pressure on the government even though Prime Minister Samak Sundaravej had already indicated it might not continue the controversial compulsory licensing, initiated under the previous, military-installed government.

When Chaiya first took office at the Public Health Ministry, he announced that the recent imposition of compulsory licensing for cancer drugs must be revised. He cited a confidential letter from the Ministry of Commerce expressing concern that Thailand would be designated as a US "Priority Foreign Country" for abusing intellectual property rights and breaking patents on US products.

To support his idea of revising the compulsory licensing, Chaiya said his predecessor, Dr Mongkol Na Songkla, had imposed the compulsory licensing under a process not approved by the previous government.

He said  the process to implement the compulsory licensing for cancer drugs would affect international trade, especially with the US.

"We have to be careful about the enforcement of compulsory licensing for essential drugs because I am afraid it will affect pharmaceutical firms and our trade with other countries, and this will put Thailand in trouble," he said.

The Surayud government was criticised by the US for shifting towards inward-looking policies such as compulsory licensing, capital controls and the amendment of the Foreign Business Act.

In line with his plan, Chaiya ordered the Food and Drug Administration's chief, Siriwat Thiptharadol, who led the committee to negotiate for price reductions with the drug firms, to report to the general inspector. Chaiya complained to Siriwat that he was not following an assignment to check up on contaminated imports of pork intestines and energy drinks.

However, Chaiya's order backfired as the FDA's chief said it was unfair and suspicious and that the minister should be transferred. This has spurred some senior health officials, a group of rural doctors, academic and civic groups, and a network of patients suffering from cancer, kidney disease and HIV/Aids to protest against him and demand his ouster.

"We strongly disagree with the new health minister withdrawing the enforcement of compulsory licensing for cancer drugs. If he still wants to cancel, we will push him from his position," said Nimitr Tienudom, who leads the Aids Access Foundation and a group of health activists.

The health activists began the campaign to oust him two weeks ago by collecting 20,000 signatures necessary to ask the upper house to impeach him. This number seems easy enough for civic groups to collect within a two-month period.

This is perhaps why, on March 10, the minister suddenly decided to push ahead with the implementation of compulsory licensing for cancer drugs, originally imposed by Mongkol on January 4. This reversal of policy may even save his position as health minister.

However, this is not guaranteed, as the civic groups have decided to move to oust him due to his failure to practice good governance. This may make him think again about how to be a good minister and how to work for the protection of patients' benefits.

Pongphon Sarnsamak

The Nation