ภาพนิ่ง 1

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Compulsory Licensing in Thailand
Inthira Yamabhai
Researcher, Health Intervention and Technology Assessment Program
Bureau of Policy and Strategy-Ministry of Public Health, Thailand
Five years from the Decision to the action – is the 2003
August 30 Decision “the expeditious solution” for
access to medicines we need?
25 September, 2008
Public Announcements of the intention on
Government use of patented essential drugs during
2006-08
•Efavirenz –
MSD
Nov 29th
06
•Lopinavir+Ritonavir
- Abbott
•Clopidogrel
- Sanofi-Aventis
Jan 25-26th
07
•Four anticancer
drugs
Jan 25th
08
Thailand: Facts at a glance
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Population: 65.69 million (UNSD,2007)
GNI per capita: US $2,990 (World Bank, 2006)
GDP per capita (PPP US$ 2007): $9,400 1
Poverty (national poverty line): 11.25 % 2(2004)
Universal coverage policy
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Civil Servant Medical Benefits Scheme
Social Security Scheme
Universal Coverage Scheme
All Thais have to have right to access
to essential medicines.
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2
IMF
NESDB
National ART programme, Thailand
*Source : Bureau of AIDS, Tuberculosis and Sexually-transmitted Infections and Bureau of Epidemiology
Budget for Universal Access to ARV
Million baht
5,000
universal coverage in 2002,
under the National Health Security Act
4,500
4,000
3,500
Gov Budget
3,000
Global Fund
2,500
2,000
1,500
1,000
500
0
2002
2003
2004
2005
2006
Sorce: Ministry of Public Health and National Health Security Office (2008)
2007
2008
Diagram to demonstrate that the Government Use of patent does not
affect much on the existing market size of patented products
% of population at each income level
We expand the
access to those
who have never
had access due to
high price.
Social Welfare = 48.5 million
Social Security = 8.5 mil.
Civil Servant Medical
Benefit Scheme = 5 mil.
Low
People paid by public budget with no
or limited access to patented drugs –
“New competitive market for drugs
from Government Use”
“Public non-commercial use”
Two million foreign patients
62 million Thais
High
Income
Out of
pocket payment
– “Existing
monopolized
market for high
price patented
drugs”
“Commercial
use”
Sorce: Ministry of Public Health and National Health Security Office (2007a:7)
Strategy: A triangle that moves the mountain
power of wisdom
political power
• Leadership
• Laws
-TRIPS article 31
-Thai Patent Act
• Negotiation Committee : MoPH
• Sub-committee to propose CL : NHSO
• Selection criteria
• Committee to
coordinate implementation
• Past experience on IP-related issues
social power
• International
NGOs
• Domestic NGOs
• WHO mission
• Public Media
• Etc.
Difficulties in CL implementation
Drugs
CLs
announcement
Registration
Import
Distribution/
delivery
Efavirenz
LPV/r
Clopidogrel
Docetaxel
Letrozole
Erlotinib
Nov 06
Jan 07
Jan 07
Jan 08
Jan 08
Jan 08
Jan 07
Oct 07
Sept 07
March 07
In process
-
Jan 07
Jan 08
Aug 08
Sept 08
-
Jan 07-NAPHA
Jan 08-NAPHA
Sept 08-GPO
In process
-
Source: FDA, NHSO and GPO Thailand, September 2008
 Delayed importation of generic products:
• Patent holders threatened generic producers concerning illegal use of CL
• Setting a condition for the GPO to shoulder the costs if the patent holders file
court cases over patent violations
• Uncertainty of the government policy
Increasing access to medicine : Efavirenz and LPV/r
No. of pts
25,000
Lopi+Rito
LPV/r
Efavirenz
20,000
15,000
CL-LPV/r
CLEf
10,000
*Source : National Health Security Office
Jun-08
May-08
Apr-08
Mar-08
Feb-08
Jan-08
Dec-07
Nov-07
Oct-07
Sep-07
Aug-07
Jul-07
Jun-07
May-07
Apr-07
Mar-07
Feb-07
Jan-07
Dec-06
Nov-06
Oct-06
Sep-06
Aug-06
0
Jul-06
5,000
Negative responses
 Priority Watch List (PWL) status and trade retaliation
• GSP cut on three exports (flat-screen TV, gold jewelry, ethylene
terephthalate)
 Threaten to withdraw foreign investments
 Threaten to file cases to the Administration and IP Courts
 Withdrawal of new medicine registration application
 Propaganda to undermine the country’s image
The current and future movements
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In February 2008, the new minister announced reconsideration
of the CL. The SG of the FDA was moved. The GPO board was
revised.
Strong public reactions brought back the CL implementation and
the minister is now out of office. The GPO board was brought
back.
The National Health Security Board re-establishes the
Committee to improve the access to essential medicines. This is
the committee that works on the CL proposal.
Establishing improving access to medicine committee which
consist of MOPH,MOF,MFA,MOC,MOI,PREMA, Patient network.
What have we learned?
 TRIPs flexibilities are possible with sufficient knowledge and
skills and social and political support.
 TRIPs flexibilities did bring the prices down and improve
access to essential medicines.
 Logistics management
CL studies in Thailand
•Introducing government use of patents on
essential medicines in Thailand, 2006-2007
http://ihppthaigov.net/index.php?option=com_content&task=view&id=138&Itemid=1
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•The implications of CL on essential medicines in
Thailand
Assessment framework
Economics
Health
Health/drug expenditure
Access to medicines (+/-)
Country image
Export values
Quality of generic drugs
under CL
Public awareness on IP and
human rights issues
Health gains
Long-term effects:
Foreign direct
investments
Psychosocial
• innovations
Productivity
• confidence in investments
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Thank you for your attention
For more information, please contact : [email protected]