Access to AIDS Treatment and Intellectual Property Rights Protection in Thailand - PowerPoint PPT Presentation


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Access to AIDS Treatment and Intellectual Property Rights Protection in Thailand


... was further amended, disbanding the Pharmaceutical Patent Review Board. ... Transnational Pharmaceutical Companies Monopolize the Drug Market via Patent System ... – PowerPoint PPT presentation

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Title: Access to AIDS Treatment and Intellectual Property Rights Protection in Thailand

Access to AIDS Treatment and Intellectual
Property Rights Protection in Thailand
  • Jiraporn Limpananont,
  • Associate Professor Dr. at Social Pharmacy
    Research Unit, Faculty of Pharmaceutical
  • Chulalongkorn University, Thailand
  • Achara Eksaengsri,
  • Director, Research and Development Institute,
    Government Pharmaceutical Organization (GPO),
  • Kannikar Kijtiwatchakul,
  • Access to Essential Medicine Campaigner, MSF
    Belgium Thailand

HIV/AIDS Epidemic in Thailand
  • 1984 HIV first cases in Thailand were reported
    homosexual males IDU, sex workers
    mother-to-child transmission
  • 1999 1M. people were living with HIV and 100,000
    people were in need of treatment
  • 2007, the Thai Working Group on HIV/AIDS
    estimated the accumulated number of PHA in
    Thailand was 1,102,628 including 50,620 children
  • An estimated 546,578 people living with HIV/AIDS.
    among those 13,936 people are newly infected.

Numbers of AIDS patients mortality and in
Thailand from 1984 June 2008
Under the 2007 Thai constitution, section 51 of
Part 9 Right to Public Health Service and
  • Almost 75 or 47 M. of Thai population receive
    Universal healthcare coverage (UC) according by
    The National Health Security Act 2002
  • Since Oct. 2005 Antiretroviral treatment (HAART)
    has been included in the UC

Protesting the exclusion of ARV from the 30 baht
scheme (UC), 2003
The legal framework for industrial property with
emphasis in pharmaceutical patents
  • Thailand lost 13 yrs. to develop its domestic
    drug industry significantly and has been under
    strong pressure of US government pressure since
  • 1992 Thailand passed a law introducing
    pharmaceutical product patent protection and
    extended patent life from 15 to 20 years.
  • 1999 Thai Patent Act was further amended,
    disbanding the Pharmaceutical Patent Review
  • Early 2005, In the sixth round of the negotiation
    in Chiang Mai, US demands were worse than feared

Event on the 6th round of Thai-US FTA
negotiation Chiang Mai, Thailand Jan. 2006
The Thai-US FTA Negotiation has been stopped.
The history of the right to treatment of persons
living with HIV and AIDS
  • Mid-1990s, improving access to prevention and
    treatment of OIs was started by various related
    HIV/AIDS organizations, Although no access to ARV
    drugs in Thailand prior to 2001
  • The most important step was the successfully
    campaign to support for the National Health
    Security Act 2002 and to lobby for the inclusion
    of ARV into National Health Security Scheme in
  • 1999 Coalition successfully challenged the
    validity of ddI patent held by Bristol Meyer
    Squibb opening the way for the GPO to start
    generic production of ARV.
  • 2006 Thai social movement challenged the validity
    of GSKs evergreening patent for the drug
    combination of lamivudinezidovudine. Finally,
    GSK withdrew its application both in Thailand and

(No Transcript)
Production of Antiretrovirals (ARVs) in Thailand
Now, GPO manufactures 16 adult antiretroviral
medicines and 8 paediatric antiretroviral
medicines, including second line drugs
List of ARV produced in Thailand by GPO
List of ARV produced in Thailand by GPO
  • 2002, GPO-VIR S, was developed and manufactured,
    costs 1,200 baht per month, the cost reduction
    (estimated 800 M. Baht), enabled approximately
    50,000 cases to receive antiretroviral medicine
    free of charge from GPO.
  • 2002, Global Fund monies have provided an
    approximately 200 million Baht to purchase
    antiretroviral medicines for 10,000 cases.
  • 2004, The use of generic medicines of GPO has
    reduced HIV infection rates in children decreased
    from 30 to less than 3
  • 2006, the Thai government launched a universal
    access scheme for all HIV/AIDS patients, free
    antiretroviral treatment to more than 10,000

Transnational Pharmaceutical Companies Affecting
Access to Treatment with ARV In Thailand
Transnational Pharmaceutical Companies
Monopolize the Drug Market via Patent System
  • Since amended the Patent Act 1992, under US trade
    pressure, the window of opportunity for local
    manufacturing of new drugs was closed.

The number of pharmaceutical plants and
importers, and the value of locally produced and
imported drugs, varied by time from 19962006.
The percentage of market share of locally
produced and imported drugs
Transnational Pharmaceutical Companies
Strengthen Themselves as Pharmaceutical Research
and Manufacturers Association (PReMA)
  • In 1970, 35 Thai pharmaceutical companies banded
    together to form the original Pharmaceutical
    Producers Association (PPA) before PReMA
    inaugurated its new name and identity on 29
    September 2004
  • Today, PReMA has 43 members, which employ nearly
    12,000 staffs

The Strategies of TNCs and PReMA Affecting
Access to Medicines
  • Lobby the government officers and politicians to
    strengthen the higher standard of IPRs through
    Patent Act amendment and FTA
  • Mass Media Advocacy Against the Use of CLs
  • Lobby the government to cancel the use of CL
  • Withdrawal of the new drug registration dossiers
  • Request to the USTR to place Thailand on the
    Priority Foreign Country (PFC) under the US trade

Challenges Availability, Accessibility and
Local Civil Society in Respect to AIDS
Treatment and Access to ARVs
  • Campaigning for the National Health Security Act
  • Challenge the IPR court to revoke of ddI patent
  • Pre-grant opposition on Combid patent and others
  • Anti-TRIP plus in US-Thailand FTA
  • Campaign for TRIPS Flexibilities

Campaigning for the implementation of CL
  • November 29, 2006, Mr. Mongkol Na Songkla, the
    Minister of Public Health, announced for the
    first CL for Efavirenz, followed by the others 6

The chronology of CL issuances in Thailand
The CL campaign was another significant
development step, called the Tripartite Fight
for Patients Rights by Prachachat Thurakit
business newspaper
  • The State / Public stakeholders / Civil society

The campaign tried to tell Thai society and the
global community that in the world of trade,
whose aim is to make monetary gains, there is
also a world that has to take into account the
value of life and healthcare, whereby medicines
are a fundamental factor relevant to everybodys
well-being. Thus, the movement of these
people will continue in spite of the vigorous
attacks from the multinational pharmaceutical
industry and those who will lose their benefits
because of this campaign. The globalized
triangle that moves the mountain
The main challenge
  • Development of networking for access to health
  • Coalition of patients of the same diseases
  • Bringing medicine prices down to match the cost
    of living of the people in the country
  • Capacity building of domestic drug manufactures
  • Patent-related strategy
  • Promotion of rational drug use
  • New Drug Research and Development