Compulsory license thailand

TRIPS contains several articles of direct relevance to the compulsory licensing debate. They are:. Art 8. This is a broad provision, which could include, potentially, all kinds of anti-competitive conduct.

Article 31 deals specifically with compulsory licensing:. Where the law of a Member allows for other use of the subject matter of a patent without the authorization of the right holder, including use by the government or third parties authorized by the government, the following provisions shall be respected:.

This requirement may be waived by a Member in the case of a national emergency or other circumstances of extreme urgency or in cases of public non-commercial use ….

The need to correct anti-competitive practices may be taken into account in determining the amount of remuneration in such cases …. Article Art As provided above, a Member may adopt, consistently with the other provisions of this agreement, appropriate measures to prevent or control such practices, which may include, for example, exclusive grantback conditions, conditions challenging challenges to validity and coercive package licensing, in the light of the relevant laws and regulations of that Member.

At the time TRIPS was signed in , patent protection for pharmaceuticals was minimal in developing countries. So developing countries could make and more likely buy generic drugs especially from India at a small percentage of the price of branded drugs.

TRIPS meant that developing countries had to grant pharmaceutical patents. The necessary consequence was less competition from generic drugs. However, under TRIPS, as article 31 above indicates, countries can issue compulsory licenses on a number of grounds including public interest, anti-competitive conduct and for non-commercial government use.

Fastest Law Search Engine If you have any question you can ask below or enter what you are looking for! Introduction Implementing and administering an intellectual property right IPR regime is costly, particularly a patent system where considerable technical expertise is required.

On the other hand: The alternative perspective views patents not as a privilege, but rather, as a privileged property right, or an uber-right that is stronger than other property rights.

Thailand: Economic Background Thailand is a middle-income country that has only recently introduced intellectual property patents and competition laws By comparison, TFP increases per annum between and for other East Asian economies were as follows: — China 3.

Abuse in section 25, includes exploitative conduct ie setting high prices and vertical restraints such as: 2. A dominant market position occurs: — where a business operator selling any product or providing any service, which in the previous year had a market share of 50 per cent or more and whose sale proceeds amounted to one billion Baht or above; or — where the first three ranked business operators of any product or service, during the previous year had a market share of 75 per cent or more and whose sales proceeds were one billion Baht or more.

Section 28 contains an unusual and unique competition law provision. It says: — A business operator who has business relations with business operators outside the Kingdom, whether it is on a contractual basis or through policies, partnership, shareholding or any other similar form, shall not carry out any act in order that a person residing in the Kingdom and intending to purchase goods or services for personal consumption will have restricted opportunities to purchase goods or services directly from business operators outside the Kingdom.

It says: Section 29 A business operator shall not carry out any act which is not free and fair competition and has the effect of destroying, impairing, obstructing, impeding or restricting business operation of other business operators or preventing other persons from carrying our business or causing their cessation of business. Deunden Nikomborirak, in describing action taken by the Trade Competition Commission under section 29 rather than section 25 against Honda who allegedly had 80 per cent market share and engaged in exclusive dealing by stopping retailers from selling competing brands said: [t]he fact that this case was handled differently from the whiskey and beer abuse of dominance case raised suspicions of selective enforcement of the competition law in favour of powerful local businesses and against foreign companies with little or no political connections.

They are: Art 8. Article 31 deals specifically with compulsory licensing: Art 31 Other Use Without Authorization of the Right Holder Where the law of a Member allows for other use of the subject matter of a patent without the authorization of the right holder, including use by the government or third parties authorized by the government, the following provisions shall be respected: a authorization of such use shall be considered on its individual merits; b such use may only be permitted if, prior to such use, the proposed user has made efforts to obtain authorization from the right holder on reasonable commercial terms and conditions and that such efforts have not been successful within a reasonable period of time.

In October a military coup in Thailand replaced the elected government. The military junta appointed Dr. Mongkol na Songkhla as Health Minister. The widening of compulsory licensing is another blow to foreign investors still recovering from capital controls imposed in December to prevent depreciation of its currency and a proposed tightening of laws governing overseas firms in Thailand.

Several media sources say the Ministry is considering issuance of compulsory licenses for six more drugs — four cancer drugs and two antibiotics. The current allocation of the burden of proof makes the Thai compulsory licensing system rather impractical. A compulsory license may also be issued in the public interest e. Authorisation for the production under a compulsory licence in the above circumstances can be granted to government undertakings or other private enterprises.

TRIPS requires a consultation with the patent holder prior to granting a compulsory license save in the in the following three situations: Although the current law of Thailand envisages compulsory licensing in the case of public non-commercial use, it does not waive the obligation for consultation with the patent holder, Sec. Such waiver should be available so as to facilitate the granting of a compulsory license. In these and other circumstances e. No use has been made of this provision despite the emergency situation related to the AIDS epidemic.

Thai patent law has gone further than the country? Such review by a court would allow the patentee to delay the grant of a compulsory license.