E-DRUG: Thai-USA conflict on drug law
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[crossposted from Pharm-policy with thanks; NN]
Dear friends,
It has come to our attention that the U.S. government is continuing to use
strong-arm tactics against Thailand to undermine their initiatives to
provide broader access to medicines and label genetically modified foods.
We have drafted a letter in support of the Thai government, which we will
send to U.S. government officials, copy to the WTO and issue a press
release.
Please sign on to this letter by responding to this email. Please include
your Organization, name and address. It would also be helpful if you
describe your constituency or the number of people you represent.
The deadline for this sign-on is September 29, 2001. Please distribute
widely to your contacts.
Sincerely,
Neil Sorensen
Email: nsorensen@iatp.org
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Letter in Support of Thai Government Initiative to Expedite Access to
Pharmaceuticals: Global Civil Society Calls on the U.S. Government to
Cease Pressure on Thai Government
September 1, 2001
Dear U.S. Government Officials,
It has come to our attention that the U.S. government is thwarting efforts
of Thailand to expedite access to generic drugs necessary to combat the
HIV epidemic and other serious illnesses. We support the Thai Food and
Drug Administration's amendments to the Safety Monitoring Program (SMP).
Attacking these domestic policy changes through a biased interpretation of
the WTO TRIPs Agreement is unacceptable to us.
The data exclusivity provisions of the SMP rules afford effective monopoly
protections to pharmaceutical manufacturers who do not have patent
protections. The result is to drive up the price of medicines, including
HIV/AIDS medicines -- in many cases out of the reach of patients who may
die or suffer needlessly without access.
Thailand adopted the SMP rules in response to heavy U.S. trade and
diplomatic pressure. These are TRIPS-plus measures, not mandated under the
WTO TRIPS. Under TRIPS, developing countries were not required to adhere
to TRIPS rules until 2000. Even if SMP-type rules were mandated under
TRIPS, that mandate would not apply to drugs introduced into the market
before TRIPS obligations applied to Thailand. But SMP rules are not
required under TRIPS. In correspondence, the U.S. Embassy has implied that
U.S. data protections are the minimum mandated by TRIPS. However, the
applicable provision of TRIPS, Article 39.3, leaves considerable room for
national governments to maneuver, and there is no basis for the claim that
the 5 years of data exclusivity under U.S. law is identical with the TRIPS
standard.
Furthermore, Thai legislation mandating labels on genetically engineered
foods is the least trade distorting approach to public health of these
untested products. The U.S. has no legitimate basis for rejecting Thai
consumers exercise of the Precautionary Principle.
Thailand's decision to implement policies in the interest of its citizens
by no means warrants putting Thailand on the U.S. Section 301 Priority
Watch List. Global civil society and governments around the world will
denounce any unilateral trade sanctions against Thailand's economy.
We demand that the U.S.:
� Respect Thailand's decisions to modify their Safety Monitoring Program,
label genetically modified foods and develop a Trade Secrets Law without
U.S. government interference; and
� Cease the use of threats of unilateral actions by the U.S. to negatively
affect Thailand's economy.
(Signatures)
Neil Sorensen
Program Assistant for International Programs
Institute for Agriculture and Trade Policy
2105 First Avenue South
Minneapolis, MN 55404 USA
Tel: (612) 870-3412
Fax: (612) 870-4846
Email: nsorensen@iatp.org
http://www.iatp.org/global
http://www.wtowatch.org
http://www.sustain.org/biotech
http://www.gefoodalert.org
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