Thailand - IPR Disputes

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IPR Disputes

Government Documents

1995, 1996, 1997, 1998, and 1999 USTR National Trade Estimate (NTE) reports commenting on intellectual property of pharmaceuticals in Thailand, demonstrating U.S. efforts to shape Thailand pharmaceutical policy.

February 9, 1994. Letter from Supachai Panitchpakdi, Deputy Prime Minister of Thailand, to USTR Michael Kantor. This letter includes as an attachment a May 5, 1993 letter from Michael Kantor to Thai Minister of Commerce Uthai Pimchaichon, which reports USTR's understanding of the measures that the Thai government has agreed to undertake on intellectual property protection, including issues such as marketing exclusivity, collection of economic data from pharmaceutical companies and restrictions on compulsory licensing.

August 31, 1993, US/Thailand Agreement on Intellectual Property Rights Protection and Enforcement.

PhRMA Documents

February 18, 2000, 301 Submission to USTR

December 3, 1999, PhRMA submission for 2000 NTE report on Foreign Trade Barriers in Thailand.

February 16, 1999, PhRMA submission for 1999 "Special 301 Report" on Intellectual Property Protection in Thailand, promotes designation of Thailand as a Priority Watch Country.

PhRMA's 1991 USTR complaint:

On January 30, 1991, the Pharmaceutical Manufacturers Association filed a petition under section 302 of the Trade Act, alleging that the Government of Thailand does not provide adequate and effective patent protection for pharmaceutical products.

On March 15, 1991, USTR initiated an investigation under section 302(a) of the Trade Act and requested public comment on the allegations in the petition (56 FR 11815). Also on that date, the US requested consultations with the Thai Government. On February 11, 1992, the USTR requested further public comment on whether the Government of Thailand's acts, policies, and practices with respect to providing patent protection are unreasonable and burden or restrict U.S. commerce, and if so, what responsive action, if any, should be taken pursuant to section 301 of the Trade Act of 1974, as amended. (57 FR 5030). On March 15, 1992, USTR determined pursuant to section 304(a)(1)(A)(ii) of the Trade Act that the Government of Thailand's acts, policies, and practices related to the protection of patents are unreasonable and burden or restrict U.S. commerce. The USTR has further determined, pursuant to section 304(a)(1)(B) of the Trade Act, that action in response to these unreasonable acts, policies, and practices is appropriate, but also determined, pursuant to section 305(2)(A)(ii), that a delay of implementation of such action is desirable to obtain a satisfactory solution with respect to the Government of Thailand's acts, policies, and practices relating to patent protection. (57 FR 9762).

NGO Documents

November 29, 2002. Joint press release from the Ministry of Public Health & the Thai NGO Coalition on AIDS. Thailand's Joint Effort on Scaling up of ARV Treatment.

January 8, 2002. Health Development Networks. Thai Strategy for Generic Drugs to Africa.

November 30, 2001. International Gay and Lesbian Human Rights Commission. People With HIV/AIDS Demand Equla Treatment and Antiretroviral Medication Coverage Under Universal Health Care Plan.

In response to these protests around World AIDS Day , Health Minister Sudarat Keyuraphan agrees to provide antiretrovirals to 6,000-7,000 People with HIV/AIDS in Thailand. UNAIDS Estitmates there are 700,000 HIV+ people in the country. On November 30, 2001, This was covered in the following newspaper stories:

Associated Press. Thailand to Put AIDS in Subsidized State Health Care Plan.

Reuters. Thais rally for cheap access to AIDS drugs.

BBC Thai u-turn over Aids patients.

November 26, 2001. Thai Network of People with AIDS. Demo in Thailand for treatment on World AIDS Day Dec 1.

July 2001. Aileen Kwa for Focus on the Global South. Dying for "Free Trade."

March, 2001. Oxfam. The impact of patent rules on the treatment of HIV/AIDS in Thailand.

March 16, 2001. Tido von Schoen-Angerer from Medicines sans Frontieres. Memo to James Love regarding the BMS patent rights for ddI in Thailand.

January 29, 2000, Letter from Dr.Jakkrit Kuanpoth and Dr. Jiraporn Limpananont to Ambassador Barshefsky in response to PhRMA's submission (for Thailand) to the 2000 USTR NTE Report

News Coverage

December 19, 2006. Arthit Khwankhom for the Nation. Aids groups upset by amendments to drug patent act.

November 23, 2004. Apiradee Treerutkuarkul for the Bangkok Post. Registration of Thai AIDS drug planned in US.

November 23, 2004. TNA. US eyes up Thai AIDS drug.

October 6, 2004. Oped by Andy Ho in the Straits Times. Getting cheap drugs to the poor.

October 3, 2004. Agence France Presse. Thailand to provide cheap anti-Aids drugs.

July 12, 2004. Alisa Tang for the Associated Press. Generic drugs give HIV patients longer lives in victory for anti-patent activists.

May 26, 2004. Agence France Presse. Cheap AIDS drugs to take spotlight at Bangkok conference.

November 5, 2002. Aphaluck Bhatiasevi for the Bangkok Post. Meddling in matters medicinal.

July 19, 2002. Associated Press. Thai government to provide free anti-retroviral drugs to more HIV patients.

June 5, 2002. Anjira Assavanonda for the Bangkok Post. End to patents urged: Changes to TRIPS agreement sought.

December 17, 2001. Dominic Whiting for Reuters. Red Cross calls for trade in generic AIDS drugs.

December 17, 2001. BBC. 'Window of opportunity' in Aids battle.

October 19, 2001. Busaba Sivasomboon for the Associated Press. Thai government to make own, cheaper AIDS drugs by end of year.

July 20, 2001. Tido von Schoen-Angerer for the Lancet, Vol 358. US Pressure on less-developed countries.

June 3, 2001. Pornsith Pibulanakrintr in the Bangkok Post, Thousands turn up for free pills.

March 30, 2000, Aphaluck Bhatiasevi, in the Bangkok Post, Inexpensive pills will be on sale soon: Patients to get more affordable treatment.

March 21, 2000, Aphaluck Bhatiasevi, in the Bangkok Post, Groups seek cheaper drugs.

March 2, 2000, Arnaud Dubus, in Liberation, Des medicaments antisida trop chers pour la Thailande. Les multinationales pharmaceutiques s'opposent aux produits generiques.

February 17, 2000, Shawn W. Crispin, in Far Eastern Economic Review, New World Disorder.

February 2, 2000, Aphaluck Bhatiasevi and Woranuj Maneerungsee, in the Bangkok Post, Compulsory ddI licensing seen unlikely-Ministries prefer to negotiate drug price.

February 1, 2000, Michael Hirsh with Gregory L. Vistica, in Newsweek (Web exclusive), Has the White House Really Changed Its Tune on AIDS Drugs?

January 20, 2000. Kaiser Daily HIV/AIDS Report. THAILAND: Government Rejects Compulsory Licensing for ddI.

December 16, 1999, David Brunnstrom, in the Reuters Newsline (JAMA), Thai activists respond to US policy on AIDS drugs.

November 22, 1999, Mukdawan Sakboon, in the Nation, Aids groups upset by direction of ddI talks.

November 19, 1999, Mukdawan Sakboon, in the Nation, Korn to follow talks on generic production of Aids drug.

November 18, 1999, Mukdawan Sakboon, in the Nation, Haste urged for Aids drug bid.

November 15, 1999, Anjira Assavanonda, in the Bangkok Post, Push to get drugs on sale sooner.

November 13, 1999, Anjira Assavanonda, in the Bangkok Post, Push for licensing of HIV treatment drug supported.

November 13, 1999, Mukdawan Sakboon, in the Nation, Drug agency seeks to cut costs.

November 10, 1999, Aphaluck Bhatiasevi, in the Bangkok Post, Effort to end monopoly on costly drugs.

June 8, 1999, Anjira Assavanonda, in the Bangkok Post, Cheaper treatment for HIV likely to be cleared for sale soon

January 23, 1999, Aphaluck Bhatiasevi, in the Bangkok Post, Access to anti-Aids drugs to remain hard.

September 5, 1998, Anjira Assavanonda, in the Bangkok Post, NGOs rally against patent law changes: Call on US to stop pressuring Thailand.

September 4, 1998,Aphaluck Bhatiasevi, in the Bangkok Post, Activists step up pressure to defeat patent law amendment.

September 4, 1998, in The Nation, Group seeks legislation making drugs more affordable to those in need.

May 16, 2001. Aphaluck Bhatiasevi for the Bangkok Post. Ministry's role in draft law scrapped.

July 12, 1997, Karnjariya Sukrung,in the Bangkok Post, The Aids obstacle course. HIV/Aids patients now face the expense of paying for their own drug treatments since the Public Health Ministry stopped giving them free AZT

September 14, 1996, Aphaluck Bhatiasevi, in the Bangkok Post, Govt 'must review HIV drugs policy'

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