Thailand mulls issuing CL for three cancer drugs

Thailand is considering more compulsory licences on three cancer medicines, while another key cancer drug will not be targeted after the patent holder agreed to give free access to patients under Thailand's medical healthcare scheme.

Earlier, the National Health Security Office revealed it might propose that the Ministry of Public Health impose compulsory licenses, or CL, on four cancer drugs if the negotiations with drug companies for lower prices proved fruitless.

The drugs that could be affected include Imanitib and Letrozole from Novartis; Docetaxel from Sanofi-Aventis; and Erlotinib from Genentech.

The medicines are used to treat various kinds of cancer, ranging from tumours, breast and lung cancer.

Thailand's Public Health Minister Dr. Mongkol Na Songkhla affirmed that the government will carefully and thoroughly consider its move to effectively 'break the patents' of the cancer medications, but he stressed that the move was necessary if the government wanted to ensure broader access to necessary medicines.

"To apply the CL is Thailand's last resort, unless an agreement has been reached with the pharmaceutical companies to allow poor patients to access to the drugs," said Dr. Mongkol.

Dr. Wichai Chokewiwat, in his capacity as chairman of the Public Health Ministry's committee on compulsory licensing, said Imatinib will be exempted under CL since the company which holds the drug patent has agreed to give free access to Thai patients under universal healthcare scheme.

Earlier this year, the Public Health Ministry issued compulsory licences for the heart disease drug Plavix, made by Bristol-Myers Squibb and Sanofi-Aventis and Abbott Laboratories' Kaletra to treat HIV/AIDS.

Last November, it overrode the patent for Efivirenz, an anti-retroviral drug made by Merck.

Thailand stands firm that it will use CL only as last resort and will do so in strict compliance with provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights, or TRIPS, under the World Trade Organisation. Another legal basis for the Thai government to execute CL is provided for in the state obligation to provide universal healthcare service to Thai citizens under the National Health Insurance Act. (TNA)