In a letter sent to the Swiss Government on 17 April 2008, the Berne Declaration (BD) and 20 heath Thai and Swiss NGOs have denounced the pressures exercised by Switzerland on the Thai Government. Switzerland asked Thailand to restrict its compulsory licences policy after the Thai Government granted compulsory licences on medicines from Roche and Novartis. Compulsory licences allow local production or importation of cheap generic versions of patented medicines without the patent holder’s consent. They comply with the international law. Switzerland has recently introduced in its patent law such an instrument. The NGOs request from the Swiss Government to stop its attacks against access to medicines in Thailand and to honour its commitments.

Since 2001, Thailand attempts to provide free healthcare for its people. Thailand’s HIV/AIDS prevention, care and treatment programme in response to HIV/AIDS is a model for other countries. The success of these efforts have allowed one of the countries hardest hit by the pandemic, with over 600,000 people infected, to bring the spread of the disease under control, as well as to provide treatment to an ever increasing number of those in need of it. Thailand’s response to the problem of high drug prices, and the impact of patented medicines on the public health budget, has been to examine the price of patented medicines, conduct price negotiations with pharmaceutical companies, and if needed, to issue compulsory licences that authorise, without the patent holder’s consent, the production or importation of more affordable generic versions. In November 2006 and January 2007, the Thai government issued compulsory licences for HIV/AIDS medicines. Such compulsory licences have brought about a considerable reduction in the price of these drugs, freeing up resources for the public health system, and thereby ensuring access to these medicines for patients who until had to do without it. Claiming a yearly toll of over 30,000 lives, cancer is one of the most important causes of mortality in Thailand. In January 2008, the Thai government issued further compulsory licences on some anti-cancer drugs (two from Novartis, one from Roche, one from Sanofi-Aventis). Compulsory licences are allowed by Article 31 of the TRIPS Agreement. The Doha Declaration on the TRIPS Agreement and public health adopted in November 2001 states that: “Each [WTO] Member has the right to grant compulsory licences and the freedom to determine the grounds upon which such licences are granted”.

Further informations: