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TNP+ has been instrumental in
disseminating information about
the implications for Thailand in
signing a Free Trade Agreement
with the USA and is concerned
that a Thai- US FTA will
strengthen existing patents on
medicines, leading to an
increase in the price of drugs.
This is particularly pertinent
for a country with a large PLHA
population and could jeopardise
the government’s ability to
provide universal coverage of
ARV in the national health care
system.
A US FTA threatens to:
-
extend the patent life of a drug
to accommodate for
‘unreasonable’ delays in the
granting of a patent
-
allow the patenting of
therapeutic and diagnostic
procedures
-
extend the responsibilities of
the FDA to include a role as
patent watchdog
-
enforce a data exclusivity
period of 5 years
-
restrict the grounds for CL and
parallel imports
-
prohibit revocation of patents
-
enforce accession to patent
co-operation treaties
The right to produce patented
drugs will be restricted and it
is feared that local
pharmaceutical companies
currently producing generic ARV
medication and the Government
Pharmaceutical Organization of
Thailand (GPO) will be unable to
turn a profit in manufacturing
generic drugs or will be unable
to afford to produce them.
TNP+ is also concerned about the
lack of democratic process
involved in the potential
signing of the Thai-US FTA.
Unlike in the US, Thailand does
not require the FTA to pass
through any parliamentary
process before being signed
denying any civil society input
or scrutiny. In addition, talks
and the FTA text are all in
English creating a distinct
advantage for the US and a power
imbalance in negotiations.
TNP+ has staged numerous
protests during each round of
negotiations with the US. TNP+
is joined in these protests by
other NGOs, activists and other
groups unduly affected by the
FTA such as farmers and workers
from the agricultural sector.
TNP+ also hopes to forge
alliances with PLHA in those
countries also facing US FTA
such as Malaysia and Korea. TNP+
has ensured that their PLHA
members are well informed of the
situation and are closely
monitoring the FTA process.
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