• Compulsory Licences On Cancer Drugs – Newly Appointed Thai Minister to Ponder and Review Plan

Further to our last issue reporting about the Thailand’s compulsory licensing (http://www.pss.org.sg/main/component/option,com?magazine/func,show?article/id,217/Itemid,73/), the newly elected government of Thailand has expressed possibility of reviewing the plan. Mr. Chaiya Sasomsup, the newly appointed Public Health Minister expressed that compulsory licences on 3 cancer drugs identified by the previous government may be reviewed.

But his reassurance about the intention to review and not abandoning the possibility did not go far to allay the fears and concerns of NGOs made up of patients and activists. The previous military-installed government has announced  a number of compulsory licences to mostly HIV drugs to the frustration and dismay of many of the multi-national drug firms. Previous Public Health Minister, Mr. Mongkol Na Songkhla, had signed 4 announcements to impose compulsory licensing on 4 crucial cancer drugs in January 2008 alone, sending chills down major drug companies’ spine and also provoke major furors over Thailand’s stance in respecting international IPR, and raising questions if the Thai authorities have used TRIPS too liberally.

Much of the negotiations and discussion for the compulsory licensing has been done by the senior official of the Thai FDA. Interestingly, on 26-Feb-08, the Bangkok’s daily – The Nation – reported the sudden replacement Thai FDA head (click HERE for news clipping), sparking speculations that the new government under Prime Minister Samak may take a softer approach in dealing with major pharmaceuticals companies.

Still, this precedence of the previous Thai government to "face off" with major multinational pharmaceutical corporations has provided other international communities and the NGOs with the necessary moral courage. They are now more vocal and demanding to challenge international drug firms in reducing the access barriers to innovative and life-saving drugs. The lobby will simply translate into opportunities to generic drug companies who have hitherto relied heavily on off-patent drugs for their business. For Thailand’s compulsory licences that have been issued, Indian generic makers are the most likely beneficiaries because Thailand does not have the capacity to manufacture new drugs yet. Very likely the orders will flow to India where the capabilities and capacities exist in abundance and economically.

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