E-DRUG: DDI patent debate in Thailand
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[article in the Bangkok Post today on Didanosine (ddI)
http://www.bangkokpost.net/
WB]
BANGKOK POST, NOVEMBER 10, 1999, PAGE 2
HIV/AIDS: EFFORTS TO END MONOPLOLY ON COSTLY DRUGS.
PRESSURE GROUPS IN TALK WITH LAW BODY
By Aphaluck Bhatiasevi
In a move to press for equal and universal access to HIV/AIDS drugs,
non-governmental organisations will today consult the Law Society of
Thailand on the possibility of withdrawing the patents of highly
priced drugs as to break the monopoly on their sales here.
The move was disclosed yesterday by Saree Ongsomwang, of the
Foundation of Consumers, after meeting with representatives of the
Public Health Ministry's AIDS Division, Government Pharmaceutical
Organisation, Medecins Sans Frontieres (Belgium) and AIDS activists.
Ms Saree yesterday criticised Bristol-Myers Squibb, the manufacturer
of didanosine (ddI), over its claim that high research and
development costs made it impossible for them to reduce the drug
price. Actually, she argued, the whole process was sponsored by the
US government's National Institute of Health.
"Bristol-Myers Squibb only changed the formulation of the drug
licensed by the US-NIH by replacing the buffer (an ingredient in the
drug) with aluminium-magnesium-hydroxide, which are already
available in the market, to give it better effect.
"It has to be interpreted whether the process of replacing non-active
ingredients in of ddI, which has already been licensed by the US
government, is considered a new invention," she said.
The drug, although considered important in the treatment of
symptomatic HIV patients, remained unaffordable to most HIV-positive
people, she said. One 100mg tablet costs 42 baht in a public
hospital and the normal daily dosage is four tablets.
Dr Chaiyos Kunanusont, head of the AIDS Division, agreed the price of
didanosine is high when compared with average income of Thai people.
He said the Public Health Ministry has tried repeatedly to negotiate
with the manufacturers over the price of the drug, but in vain.
Dr Chaiyos said the AIDS Division because of its limited budget,
could support only about 10% of the country's estimated one million
HIV-positive people to have access to antiretroviral drugs.
Ms Saree said the drug was granted a product license in Thailand in
1997, and HIV-positive people here could not afford to wait another
20 years for the price to come down when the patent expired.
Dr Tido von Schoen-Angerer of Medecins Sans Frontieres said another
possibility would be for the Thai government to consider compulsory
licensing of the drug.
That has been successful in South Africa, for it is permissible under
an agreement of the World Trade Organisation, he said.
"It is important that the Thai government do something," he said.
Article 51 of the Patent Law permits government agencies to intervene
in the making of products deemed to be public necessities even
though they are patented.
[the mention of a compulsory license in South Africa is not quite
correct; the SA government has only stated it wants to use
compulsory licenses (and parallel import) to make essential drugs
more affordable, as this is legally permitted by TRIPS. So far nobody
in SA has yet applied for such a compulsory license, although the SA
Patents Act allows this in article 56. WB]
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