Thailand paved
the way Monday for the sale of generic versions of two
drugs, one to treat HIV/AIDS and the other for heart
disease, effectively breaking their patents, officials
said.
The government's
decision to allow for either the production or purchase
of generic versions of the drugs was applauded by aid
agencies and activists, who said it would improve the
lives of thousands of people and set an example to
other countries facing similar problems.
Public health
minister Mongkol Na Songkhla said the decision was
justified under international trade rules because the drugs'
high cost constituted a crisis for the country's
health sector.
According to the
World Trade Organization's agreements on intellectual
property, a government may issue a compulsory license in
case of a national public health emergency. Such
action has been taken by several countries, most
notably Brazil and India, especially in the case of HIV
medicines.
The drug to treat
HIV is Kaletra, produced by U.S. health care company
Abbott Laboratories. Plavix, a blood thinner, is sold by
France's Sanofi-Aventis SA and Bristol-Myers Squibb
Co, also from the United States.
Sanofi-Aventis,
which sell the blood thinner Plavix in Thailand, didn't
have an immediate comment. Abbott said in a statement that
it viewed the Thai government's actions as illegal and
not in the best interest of patients.
Mongkol said
generic production of Plavix would reduce the cost from
about $2.06 a pill to less than 18 cents.
He said the
ministry was willing to talk to the companies about
importing their drugs at cheaper prices.
''We ask for the
understanding of pharmaceutical companies. Much of our
affected population cannot afford your drugs, and we want
people to have access to the medicines that they
need,'' Mongkol said. ''We are willing to negotiate
with the companies if they are willing to give some
discounts for the import of their originals.''
Thai officials
last week announced their intention to declare compulsory
licensing for the two drugs, drawing criticism from the
industry's Pharmaceutical Research and Manufacturers
Association, who said it could force more companies to
relinquish their patents.
The association's
president, Teera Chakajnarodom, said the decision also
could have a wider impact on foreign investors. ''They are
concerned about continuing to invest in a country
where the government cannot provide a basic guarantee
for the safety of their assets.''
Kannikar
Kijtiwatchakul, a campaigner in Thailand for Doctors Without
Borders, welcomed the government's move. ''It is a brave
decision, despite both anticipated pressure from
industry and possible threats to withdraw
investments," Kijtiwatchakul said. "The authorities have
engaged in dialogue with companies before, but the discounts
have been marginal. The licenses will benefit a lot of
people and will set an example to other countries who
face the same problem."
More than 500,000
people in Thailand are living with HIV, according to
the Joint United Nations Programme on HIV/AIDS, the U.N.
agency that coordinates the global fight against the
deadly virus.
The Thai
government has a budget of 3.8 billion baht ($112 million)
allocated to the treatment of HIV patients, Mongkol said,
meaning it could afford to provide medicine to only
108,000 patients at the companies' price.
Around 200,000
patients in Thailand who suffer from heart conditions have
blood clotting problems that could be treated with Plavix,
but only 20% of them currently have access to the
medicine, he said.
''We have to
consider the needs of the people. This will increase access
and improve the standard of living of the patients,'' said
Thawat Suntrajarn, director-general of the Department
of Communicable Disease Control, adding that the drugs
will be available only for public health services and
will not be sold in drugstores for profit. (AP)