ACHARA ASHAYAGACHAT

            The commerce and  Public Health ministries have stood firm on Thailand’s decision to override drug patents after the European Commission warned Bangkok about negative repercussions from the broad use of compulsory licences.

            In a letter sent to EC trade commissioner Peter Mandelson on Monday, Public Health Minister Mongkol na Songkhla explained that the Thai government’s use of compulsory licences was only for selected medicines.

            If any patented drug cost no more than 5% above the generic version, the ministry would purchase the patented medicines instead of breaking the drug patents, he said.

            The clarification was made after Mr. Mandelson last month warned Bangkok against a broad use of compulsory licences (CL), saying that it would be detrimental to the patent system and so to innovation and the development of new medicines.

            Thailand currently implements the CL policy on three important drugs for Aids and heart treatment-Efavirenz, Kaletra and Plavix.

            The drugs are basically limited to patients under the universal healthcare scheme run by the National Health Security Office.

            Commerce Minister Krirkkrai Jirapaet also sent a letter of explanation to the EC two weeks ago, trying to play down the trade commissioner’s concern over Thailand’s drug policy.

            He said Mr Mandelson should ease concerns on the transparency of the process of issuing CL and be ensured of the Thai government’s openness to negotiating with patent holder.

            “I would like to assure you that action taken by the Thai government in compulsory licences of patented drugs has been consistent with the country’s obligations, the World Trade Organisation, and the agreement on Tracle-Related Aspects of Intellectual Property (Trips),” Mr. Krirkkrai said in the letter.

            He also said the Public Health Ministry was the responsible agency empowered to issue compulsory licensing on patented drugs it deems appropriate.

            The Commerce Ministry has been working closely with all agencies concerned to “ensure that such actions comply with applicable national and international laws and regulations” the minister said.

            At present, the committee negotiating for increasing access to essential patented drug firms, put forward by both the Public Health Ministry and the companies, and satisfactory outcomes would be reached in the near future, he said in the letter.

            Meanwhile, local and foreign advocacy groups including the Thai Network of People Living with HIV/Aids. Aids  Access Foundation, Oxfam and Medecins Sans Frontieres will announce their stance on Thailand’s compulsory licensing policy today in response to mounting pressure from the EC and the United States.

            The US ambassador to Thailand has recently expressed concern about the possible broad use of compulsory licensing to Prime Minister Surayud CHulanont.