<nettime> USTR letter to Thailand - decision on CL is "for Thailand to make"

[James Love <love@cptech.org>]

     [orig to <info-policy-notes@venice.essential.org>]


This is a follow up to the letter we sent on January 22, 2000 to Thomas
Rosshirt, the Vice President's spokesperson for Foreign Policy. 

The White House has just provided a letter that was sent an hour ago to
Thailand.  The new letter, which was requested by CPT, Act Up, Doctors
Without Borders (know as MSF outside the US) and the other public health
groups, tells the Thai government that the US will raise no objection to
the issuance of a TRIPS compliant compulsory licenses for medicines, and
that the decision to issue such a license is "one for Thailand to make." 

Thailand has been in a dispute with the US since 1998 over compulsory
licensing of ddI, a US government invention for the treatment of HIV/AIDS. 
Thailand has an HIV/AIDS population of about 1 million persons. 
Bristol-Myers Squibb has worked with US trade officials for years to block
the use of compulsory licensing of ddI.  Today's letter represents an
important change in 12 years of US trade pressures against Thailand on
pharmaceutical drugs, and it will be a signal to other countries, such as
the Dominican Republic, that are currently considering legislation to
provide compulsory licensing of essential medicines. 


  Jamie Love


<-------------------begin USTR letter--------------------->

                EXECUTIVE OFFICE OF THE PRESIDENT
        OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
                     WASHINGTON, D.C. 20508


                    Jan 27 2000


Mr. Paisan Tan-Ud                                 
Chairman of PHA Network of Thailand

Dear Mr. Paisan Tan-Ud:

I am writing in response to your letter to President Clinton regarding
efforts to improve access to treatment and care for HIV positive Thai
citizens.  We recognize and support the Government of Thailand's goal of
extending effective health care to all its citizens-including people now
living with AIDS.  This is a goal we fully endorse and believe can be
achieved while providing appropriate protections for intellectual
property. 

As the President announced last December in his speech to the WTO
ministerial, and the Vice President reiterated in his January speech at
the United Nations Security Council, the United States is committed to
helping developing countries gain access to affordable medicines,
including those for HIV/AIDS.  As a result, the United States will ensure
the application of U.S. trade law related to intellectual property remains
sufficiently flexible to respond to public health crises. 

We encourage Thai officials to explore all options for extending access to
effective treatments, including ongoing direct dialogue with
pharmaceutical manufacturers.  But the final choice is one for Thailand to
make.

If the Thai government determines that issuing a compulsory license is
required to address its health care crisis, the United States will raise
no objection, provided the compulsory license is issued in a manner fully
consistent with the WTO Agreement on Trade Related Aspects of Intellectual
Property Rights (TRIPS). 

We share with the Government of Thailand a belief that access to modern
pharmaceuticals can be enhanced in a manner that assures the safety and
efficacy of the drugs, preserves intellectual property rights, and
promotes the worldwide pursuit of newer, more effective medicines. 

                         Sincerely,

                         Joseph S. Papovich
                         Assistant U.S. Trade Representative for
                         Services, Investment and Intellectual
                         Property

-- 
James Love, Consumer Project on Technology
P.O. Box 19367        | http://www.cptech.org
Washington, DC 20036  | mailto:love@cptech.org
Voice 1.202.387.8030  | fax 1.202.387.8030

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