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Compulsory licensing is essential

US Trade Representative (USTR)'s assistant, Barbara Weisel has asked the Thai government to set up a stockholders' committee to study the compulsory licensing drug policy.

Published on March 20, 2008



 Civic groups fear this will delay and possibly scupper the decision of the previous government to impose compulsory licensing for life-saving drugs. "The US should not intervene in the Thai government's decision over compulsory licensing for essential drugs," said Saree Ongsomwang, leader of the civic groups, which support compulsory licensing as a key mechanism to give poor patients access to drugs. "The US should understand our rights, allowed by the World Trade Organisation, to use compulsory licensing," she said.

But the Public Health Ministry's deputy permanent secretary, Dr Paijit Warachit, agrees with Weisel's idea. He said a new panel includes representatives of the Commerce, Foreign and Finance ministries, pharmaceutical companies, and patients. Weisel said this would help the Thai government to consider alternatives to help poor patients get access to drugs. "I think this will delay the process to impose compulsory licensing but it is a constructive way to help us consider other mechanisms to help poor patients," he said.

However, the WTO's Trade Related Aspects of Intellectual Property Rights Agreement (TRIPs), allows members to use compulsory licensing. To implement this mechanism effectively, the previous Health minister, Dr Mongkol Na Songkhla, established a committee to study the pros and cons of compulsory licensing. The committee comprises representative from the National Health Security Office, the Food and Drug Administration, the Government Pharmaceutical Organisation, and the Commerce, Foreign, and Education ministries. The World Health Organisation and the WTO both guarantee that this process follows international regulations and does not abuse the TRIPs, so it should be allowed to continue its work, with the aim of securing compulsory licensing for essential drugs.


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