Transcript Thailand & the fight for national sovereignty

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 6th 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/autopage1/show_page.
php?t=14&s_id=47&d_id=47
• Strong networking 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 6th 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/p07s02woap.html
http://www.searo.who.int/rdhome/rdreport99/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.
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
althbp86_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/eng20070203_
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 takeThai
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?