[Ip-health] PIJIP Releases Report on Thai Compulsory Licenses and Abbott's Subsequent Refusal to Register New Medicines PIJIP Releases Report on Thai Compulsory Licenses and Abbott's
Subsequent Refusal to Register New Medicines

Press release (see below):
http://www.wcl.american.edu/pijip/documents/pressrelease04262007.doc
Full Report:
http://www.wcl.american.edu/pijip/documents/pijip04262007.doc

-------------------------------------------------------------

FOR IMMEDIATE RELEASE
April 26, 2007

Contact: Sean Flynn
202-274-4442
202-294-5749 (c)
sflynn@wcl.american.edu

PIJIP Releases Report on Thai Compulsory Licenses and Abbott's
Subsequent Refusal to Register New Medicines

Thailand's issuance of compulsory licenses for three patented medicines
is legal under domestic laws and complies with WTO rules, and Abbott's
decision to withhold its new products from the Thai population violates
Thai antitrust laws, according to a new report released today by the
Associate Director of Washington College of Law's Program on Information
Justice and Intellectual Property (PIJIP).  The release of PIJIP's
report coincides with the filing of a compliant by Thai activists to
their country's Competition Commission, and an international Day of
Action called by treatment activists around the world.  The full report
can be found at www.pijip.org.

"The analysis we are releasing today demonstrates that Thailand's law
incorporates the most important TRIPS flexibilities for issuing public
use licenses, and that Thailand's action in licensing several medicines,
including Abbott's Kaletra, was carefully tailored to comply with both
its own law and the TRIPS agreement.  Arguments to the contrary, which
have not been brought in any competent tribunal, should be dismissed as
political posturing.  In addition, Abbott's response to the license -
withholding a new version of its Kaletra product from the Thai market,
appears to directly contravene the Thai Competition Act which prohibits
'suspending, reducing or restricting services, production, purchase,
distribution, deliveries, or importation without justifiable reasons.'
An unwillingness to comply with a legal and justifiable government order
cannot be a 'justifiable reason' for suspending the supply of life
saving medicines to Thai citizens."

The report released today explains that Article 51 of the Thai Patent
Act, and article 31 of the World Trade Organization Agreement on Trade
Related Aspects of Intellectual Property Rights, allows governments to
license patents for any public non-commercial use.  The compulsory
license has been issued to the Government Pharmaceutical Organization,
which will distribute generic versions of the drug through the public
health sector. These attributes of the license make it clearly a public
use license under Thai and WTO law.

Background:  Last January, Thailand issued a compulsory license for
Kaletra, allowing health authorities to import lower-cost generics from
India. Kaletra is patented by Abbott, which then priced the drug at
$2200 per patient per year.  Thailand's per capita income is $2800.   In
response, Abbott has announced that it will no longer offer any new
products for sale in Thailand.

The Program on Information Justice and Intellectual Property at the
Washington College of Law promotes public interest approaches to
domestic and international intellectual property law through advocacy,
events and the provision of legal and consulting services.


--
Mike Palmedo
Research Coordinator
Program on Information Justice and Intellectual Property
American University, Washington College of Law
4910 Massachutsetts Ave., NW Washington, DC 20016
T - 202-274-4442 | F 202-274-0659
mpalmedo@wcl.american.edu


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