Thailands fight for national sovereignty the issue of
- Slides: 8
Thailand’s fight for national sovereignty - the issue of compulsory licenses Since coup Sept 2006, the new interim government issued compulsory licenses for three key drugs in the treatment of HIVAIDS and heart disease
Background to announcements of CL • 2002 Thaksin’s new government introduces universal health care – for 30 baht. • 2002 Thailand developed ARV drug cocktail for $31 per month ($490 branded drugs). By 2006 increasing need for second generation ARV drugs (WHO recommends seven, five of which are currently patented). Thailand has 20, 000 new cases of HIVAIDs a year • 2006 political & social unrest with Thaksin regime – nepotism, corruption, brutal suppression of muslim minority in South & selling of Thai assets.
• Thaksin Government negotiated 8 FTA’s & by Sept. 06 Thailand in 6 th round of negotiations with US for FTA • Much internal opposition to US negotiations within agriculture sector (jasmin rice patent fear) and health sector (TRIPS) & the nature of the negotiations + no public debate (as per Thai Constitution), + negotiations were in English + pressure for signing before lapse of US Trade Promotion Act (July 07) • Thai FTA Watch website - strength of opposition to US FTA. http: //www. ftawatch. org/autopage 1/show_page. php? t=14&s_id=47&d_id=47
• Strong networking between US & Thai AIDS organizations – Oct 06 Thai Network of People living with HIVAIDS conducted a campaign tour of 29 US cities at the time the 6 th round of Thai-US FTA negotiations thru US AIDS Organizations’ support. • History of US pharmaceutical industry via USTR meddling Thailand since 1985 Susannah Markandya July 23, 2001 http: //www. cptech. org/ip/health/c/thailand/ thailand. html
• The CL for Plavix (heart disease) is a strategic move – as Thailand is in epidemiological transition as mortality rates from noncommunicable diseases have over taken communicable diseases http: //www. csmonitor. com/2007/0131/p 07 s 02 woap. html http: //www. searo. who. int/rdhome/rdreport 99/rdreport 3. htm • The CL for Plavix is taking the debate on ‘public health emergencies” re Doha declaration on TRIPS to another level - the first time a developing country used compulsory licensing to challenge patents for a 'life-style' disease — one that is not for AIDS or an epidemic.
RE AD Public Health at Risk: A US Free Trade Agreement could threaten access to medicines in Thailand. Oxfam Briefing Paper No 86 http: //www. oxfam. org. uk/what_we_do/issues/he althbp 86_thailand. htm Highlights stringent drug patent and marketing rules (that exceed WTO standards) being negotiated in Free Trade Agreement (FTA) between US & Thailand, limiting competition and access to affordable medicines jeopardizing the future of the successful Thai HIV/AIDS treatment programmes, which relies on inexpensive generic drugs.
WHO – ? an about face since WHO Commission on Intellectual Property Rights Report • New DG. Dr Chan, criticized Thailand for not negotiating with drug companies before issue of CL • Reiterates crucial role of drug companies BUT WHY THE CRITICISM? USA makes extensive use of CL. & has not negotiated with drug companies before CL inplace (James Love of Knowledge Ecology International) http: //english. people. com. cn/200702/03/eng 20070203_ 347301. html (People’s Daily) • Thailand’s move is in accordance with Doha Declaration on TRIPS & CL ruling!
What role can PHMOz play? • The issue of the sovereign right of states to utilize the Doha Declaration to secure access to medicines will continue … • Novartis has taken the Indian Govt to court – will Abbott or Bristol Myers Squibb to take. Thai Government to court, and WHO seems unduly influenced by US & pharmaceutical co. The power of networking for petitions • Contacting our Federal MP’s –re clarification of Australia’s commitment to Doha Decl. and promoting WHO IP Plan • Is Govt. direction to Jane Halston as Aust. Member of WHO Exec committee one of promoting the WHO IPR Plan?
