Cabinet urged to accept amendment to TRIPS pact
The Commerce Ministry will soon propose to the Cabinet that it ratify the 2005 amendment of the World Trade Organisation's Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement to promote growth of the pharmaceutical industry and export
The amendment makes permanent a waiver making it easier for poorer countries to obtain cheaper generic versions of patented medicines. Under the existing TRIPS Agreement, certain clauses could hinder exports of pharmaceuticals manufactured under compulsory licences to countries that are unable to produce them.
However, the amendment must be ratified by two-thirds of the WTO’s 157 members to take effect. To date, only 70 member states have done so, while at least 105 are required.
After a seminar organised by the Intellectual Property Department on the issue, participants from the drug industry, including producers and traders, as well as relevant government agencies agreed that Thailand should accept the amendment.
Yanyong Phuangrach, permanent secretary of the ministry, said accepting the TRIPS amendment would allow Thailand to announce compulsory licensing for the production of cheap drugs.
Compulsory licensing is a controversial measure under which the government can disclose the formulas of drugs patented by foreign companies so that the medicines can be produced and distributed cheaply and in good time.
“If Thailand accepts the amendment, it will be able to produce essential medicines such as those for HIV/Aids and heart disease under the compulsory-licensing procedure to help poor patients. Previously, compulsory licensing could be announced only under certain circumstances and for a short period of time,” Yanyong said.
WTO members that have accepted the amendment include the United States, the European Union, Switzerland, Canada, South Korea, Japan, China, India, Brazil, Singapore, the Philippines, Indonesia and Cambodia.
