The Commerce Ministry has asked the Council of State for an opinion on the legitimacy of compulsory licensing (CL) of a cancer drug, as requested by a French pharmaceutical firm.

Health activists condemned France-based Sanofi Aventis for not respecting Thailand’s right under the Agreement on Trade-Related Aspects of Intellectual Property Rights to issue a compulsory licence, and the Commerce Ministry’s Intellectual Property Department for failing to protect the public interest.

Sanofi Aventis, patent owner of breast cancer drug Docetaxel, wrote to the department’s director-general Puangrat Asavapisit in June asking the Health Ministry to review its CL policy.

The company claimedthe ministry did not have the right to bypass the patent of Docetaxel.

Sanofi Aventis also said it would take legal action against the Government Pharmaceutical Organisation (GPO) if Thailand imported a generic version from India without its permission.

GPO board chairman Vichai Chokewiwat insisted that the agency’s legal department and international intellectual property (IP) law experts had reassured him that CL was in accordance with the Patent Act.

The IP department has sole authority to finalise royalty fees for drug patents, which the government pays to the patent owner only, he said.

Nimit Tienudom, chairman of the Aids Access Foundation, criticised the IP department for asking the Council of State to look into Sanofi Aventis’ claim.

‘’It is not the IP department’s duty to act on requests from private firms asking the Council of State to scrutinise CL policy,'’ he said. ‘’This action suggests the department puts the fortunes of private companies above those of Thais.'’

Adapted from Bangkok Post