US hits out at Thailand over Aids drug patents

The Straits Times, May 2, 2007


WASHINGTON - THE United States criticised Thailand on Monday for steps it took to override patents of two HIV/Aids drugs, but stopped short of threatening action at the World Trade Organisation.

The US Trade Representative's office, in an annual report on how well countries protect US intellectual property rights, said it was elevating Thailand to its 'priority watch list' because of an 'overall deterioration in the protection and enforcement' of intellectual property rights there.

'In late 2006 and early 2007, there were further indications of a weakening of respect for patents, as the Thai government announced decisions to issue compulsory licences for several patented pharmaceutical products,' the USTR said.

The Doha declaration adopted by WTO members in November 2001 reaffirmed that countries have some flexibility under international trade rules to ensure that their populations have access to life-saving medicines.

Those include compulsory licences requiring drug patent holders to allow others to produce their drugs.

'While the United States acknowledged a country's ability to issue such licences in accordance with WTO rules, the lack of transparency and due process exhibited in Thailand represents a serious concern,' the USTR said.

Ms Victoria Espinel, assistant US trade representative for intellectual property, told reporters the US' concern stemmed from compulsory licences issued by Thailand for two HIV/Aids drugs and one heart medication.

Ms Espinel refused to say whether the US believed Bangkok's actions violated WTO rules and also would not comment on any future steps Washington could take.

The drug patent issue is just one of the many reasons why the US decided to put Thailand on its priority watch list this year along with 11 other countries, Ms Espinel said.

REUTERS