Clinton Foundation backs Thai patent policy

The government of Thailand has attracted an unlikely supporter for its recent decision to issue government-use compulsory licenses on drugs made by American firms – former US President, Bill Clinton. Thai health minister, Mongkol Na Songkhla, arrived in the US on 7 May in a diplomatic move to explain his country’s legislative protest at the costs of branded medicine. During the visit, Mr Clinton – speaking as the head of his charitable Foundation – rallied to Thailand’s defence.

According to the Bangkok Post, he said: ‘No company will ever die because of the high price premium for Aids drugs in middle-income countries – but patients may. I believe in intellectual property ... but that need not prevent us from getting essential life-saving medicines to those who need them in low- and middle-income countries alike.’ Announcing that the Foundation had secured low generic drug prices for developing nations from several major firms, Clinton said that his charity had paved the way for ‘more equitable, more affordable and more effective’ treatment.

On 23 April, the prominent IP lobby group, USA For Innovation, had written to several US cabinet ministers to call for action over the licenses. Frustrated with Thailand’s new elite, which took power in a military coup last September, the group addressed its grievances to trade representative, Susan Schwab; health and human services secretary, Michael Leavitt; commerce secretary, Carlos Gutierrez; and secretary of state, Condoleezza Rice.

‘The important distinction between theft of American assets on the streets of Bangkok and theft of American assets in Thailand’s public health care system is that the latter is sanctioned, endorsed and promoted by the government,’ said the group. It also argued that Thailand should be placed on the annual 301 Priority Watch List, highlighting nations with lax IP measures. Schwab enforced this recommendation on 30 April.

Mongkol, however, contests Thailand’s appearance on the list. ‘We want to explain that it was an unfair punishment,’ he said.