VZCZCXRO2222
RR RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHBK #1717/01 0811006
ZNR UUUUU ZZH
R 221006Z MAR 07
FM AMEMBASSY BANGKOK
TO RUEHC/SECSTATE WASHDC 5771
RUCNASE/ASEAN MEMBER COLLECTIVE
RUEHGV/USMISSION GENEVA 1797
RUCPDOC/USDOC WASHINGTON DC
RUEAUSA/DEPT OF HHS WASHINGTON DC

UNCLAS SECTION 01 OF 02 BANGKOK 001717 
 
SIPDIS 
 
SENSITIVE 
 
SIPDIS 
 
STATE PASS USTR FOR B. WEISEL, C. WILSON 
STATE PASS USPTO 
HHS/OHGA FOR AMAR BHAT 
USDOC FOR JKELLY 
 
E.O. 12958:N/A 
TAGS: ECON ETRD KIPR TH
SUBJECT: SUWIT DEFENDS BREAKING PATENTS, MINISTER MAY TAKE CASE TO 
U.S. 
 
REF: BANGKOK 1269 
 
¶1. (SBU) Summary:  The RTG continues consideration of future 
compulsory licenses on patented drugs, though none appear to be on 
the immediate horizon.  The Ministry of Public Health's leading 
proponent of compulsory licenses, Dr. Suwit Wibulpolprasert, 
defended their use but stated the Ministry would prefer to negotiate 
lower prices with pharmaceutical companies and avoid a 
confrontation.  The Minister of Public Health is considering a U.S. 
visit in late April to explain the RTG's policy.  End summary. 
 
¶2.  (SBU) On March 22, Econ section chief met with Dr. Suwit 
Wibulpolprasert, Senior Health Advisor to the Minister of Public 
Health and a leading proponent of the use of compulsory licenses on 
patented pharmaceutical products in Thailand.  Dr. Suwit struck a 
conciliatory tone, emphasizing the RTG's willingness to continue 
negotiations with pharmaceutical companies, while defending the 
practice and the necessity of Thailand's recent licensing of three 
drugs (reftel). 
 
¶3.  (SBU) Suwit made clear that compulsory licenses were not the 
Ministry's preferred method of improving access to medicines ("It 
creates so much work for us," he said).  However, the process for 
evaluating compulsory licenses continues apace.  The process is led 
by an interagency committee headed by the semi-public National 
Health Security Office (NHSO) which evaluates drugs for compulsory 
licenses and makes recommendations to the Ministry for approval. 
Suwit said they had not received any new proposals for further 
compulsory licenses, but expected that the NHSO could make a 
recommendation in the next few weeks. 
 
¶4.  (SBU) Suwit explained that the Ministry only considered 
compulsory licenses on drugs listed on the National List of 
Essential Drugs (NLED), though exceptions could be made for 
epidemics, other emergencies, or "to solve important public health 
problems."  Of the 900 odd drugs on the NLED, only approximately 200 
were patented, and of those Dr. Suwit considered only 10-20 worthy 
of consideration for a compulsory license.  Embassy had earlier 
obtained a list of 14 drugs, including the three already subject to 
compulsory licenses, that were considered potential targets. 
 
¶5.  (SBU) Suwit claimed that previous attempts at negotiating lower 
prices with pharmaceutical companies had been unsuccessful 
(companies deny any such negotiations took place), and therefore 
compulsory licenses were being pursued on a dual track.  The NHSO 
would begin negotiations with a company while simultaneously 
preparing for a compulsory license.  If agreement could be reached 
in time, the compulsory license would not be exercised.  Suwit said 
that the Ministry had moved quickly on procuring generic versions of 
Merck's antiretroviral efavirenz as supplies were low.  However, the 
Ministry still maintains ample supplies of Abbott's Kaletra and 
Sanofi-Aventis' Plavix, both subjects of compulsory licenses in 
January, and is taking a more leisurely approach.  He noted, 
however, that neither company appeared interested in negotiations. 
 
¶6.  (SBU) Suwit said that discussions were ongoing with Swiss-based 
Novartis, which had apparently agreed to provide nine free boxes of 
one of their drugs for every box sold in Thailand, essentially a 90 
percent reduction in price.  Suwit did not specify the drug, but 
Novartis' cancer drug Gleevec earlier had been mentioned as a 
target.  Suwit said that although an Indian generic was available 
for 15 times less the originator's price, a compulsory license could 
still be avoided if discussions were fruitful. 
 
Coming to America? 
------------------ 
 
¶7.  (SBU) Suwit said the Minister of Public Health, Dr. Mongkol na 
Songhkla, was considering a trip to the U.S. to explain the 
compulsory license decision and had blocked out April 25-27 as 
possible dates.  Suwit said the Minister wanted an opportunity to 
make his case directly to USG decision makers, and was also open to 
consider different views on the issue.  Suwit said MFA originally 
proposed the trip, concerned that the USG would soon place Thailand 
on the Special 301 Priority Watch List, potentially threatening 
Thailand's trade benefits under the Generalized System of 
Preferences.  MFA Americas Director Nongnuth said the idea was still 
under consideration, but MFA wants to ensure that Mongkol's message 
is positive, promising cooperation and consultation rather than 
making the situation worse.  Embassy recommended a visit. 
 
¶8.  (SBU) Comment: Dr. Suwit came across as supremely pragmatic: "I 
 
BANGKOK 00001717  002 OF 002 
 
 
know they (pharma companies) are businesses. I come from a business 
family. We can negotiate." But he also stated that his duty was to 
"take care" of the Thai people. He seemed ready for an approach that 
is less confrontational and looks at drug affordability and 
development as universal problems.  We believe that the Health 
Minister's visit would be a good opportunity for an individual who 
has spent most of his career as a rural doctor to gain a broader 
perspective of the issues involved. 
BOYCE