Thai and Swiss civil society unite to protect access to medicines and the Universal Health Coverage Scheme
ITPC Global - 14 November 2024
Thai and Swiss civil society unite to protect access to medicines and the Universal Health Coverage Scheme
Jointly, they called on the Thai government to be firm in its stance against TRIPS+ provisions during free trade agreement (FTA) negotiations with the European Free Trade Association (EFTA)
This week (16 October 2024), a ministerial meeting was held between the European Free Trade Association (EFTA) and Thailand, to discuss the Free Trade Agreement (FTA) negotiations in Thailand. Civil society in Thailand and Switzerland share concerns that Thailand will be pressured to accept conditions on intellectual property (IP) rights that will affect access to medicines to conclude the negotiations by the end of the year, as planned by Thailand’s Paethongtarn government.
There have already been 10 rounds of FTA negotiations between Thailand and the European Free Trade Association (EFTA) countries (Iceland, Liechtenstein, Norway, and Switzerland), but issues on IP rights and access to medicines have not been resolved – despite intense negotiations. Thailand’s negotiating representatives have taken a stand – they will not accept provisions that are more stringent than those of the World Trade Organization’s TRIPS Agreement, because they would have a negative effect access to medicines – but EFTA countries continue to demand stricter protection of IP rights than the TRIPS Agreement (these measures, which surpass those of the TRIPS agreement, are known as TRIPS+).
Mr. Chalermsak Kittitrakul, Project Manager for Access to Medicines at the Thai Network of People Living with HIV/AIDS (TNP+), expressed concern about a confidential discussion between the EFTA ministerial delegation and the Thai Minister of Commerce held during the meeting. Although the Thai negotiating delegation has always been clear about protecting access to medicines, the Minister might have been asked to pressure or order Thailand’s negotiators to accept issues that will have serious impacts for Thailand.
“The EFTA countries may use the same method for negotiating the FTA as they did with India, by ending the negotiation with conditions that allow IP rights to be reviewed again, “ explained Chalermsak, “EFTA countries should stop demanding IP obligations that go beyond the TRIPS Agreement, such as restricting the use of compulsory licensing, and even having conditions that allow for re-negotiation of IP issues after the deal has been concluded and signed.”
Research on the impact of FTAs including the IP rights requirement that EFTA is demanding found that expenses for medicines in Thailand will increase by 25,000 million to 72,000 million Baht (or US $ 753 thousand to 2,171 million) if it signs the FTA with provisions on data exclusivity and patent term extension.
Mr. Patrick Durisch, a representative from Public Eye, a Swiss civil society organization that monitors the FTA negotiations between the EU, the EFTA, and low- and middle-income countries, added “Thailand has fully complied with the TRIPS Agreement. But the EFTA countries, especially Switzerland, which is home to many multinational pharmaceutical companies, have not stopped asking Thailand for IP protection that is stricter than the TRIPS Agreement in the FTA negotiation, such as data exclusivity, patent term extension, and restrictions on the use of public health safeguard measures.”.
Ms. Kannikar Kijtiwatchakul, who is Vice Chairperson of FTA Watch, asked Thailand’s government, including Prime Minister Paethongtarn Shinawatra and Mr. Phumtham Vejjayachai, Deputy Prime Minister and Minister of Commerce, to be aware that the FTA could have a significant impact on the country’s universal health coverage scheme: if medicines become significantly more expensive, the Thai government will not be able to use legal mechanisms to negotiate or procure drugs at affordable prices.
“The successes of the universal health coverage policy have been built by the Pheu Thai Party since it was the Thai Rak Thai Party. The policy that the Prime Minister and the Pheu Thai Party is currently prioritizing will become the scheme that fails to truly take care of the people – and it will also destroy the government’s space for issuing public policies that safeguard people’s health benefits. Therefore, the government must support the Thai negotiators in keeping their firm stance, and not to accept TRIPS+ provisions. This FTA is very crucial to the EFTA – do not allow it to force the conclusion of this deal by the end of 2024 – or to threaten or pressure the Thai negotiators, because EFTA really wants to close the deal as soon as possible. The Paethongtarn government should be well aware of EFTA’s agenda – and Thailand’s propositions,” Kannikar said.
In September, a Study on Investment and International Trade under the Framework of Human Rights, Economic Justice, and Environmental Protection was launched by the Foreign Affairs Committee of the House of Representatives of Thailand. It recommended that “…the negotiations should maintain policy space in enacting measures to protect consumer rights, promote access to medicines, and safeguard agricultural rights and biological resources, including avoiding IP protection [that is] more stringent than international agreements, so that international trade will bring sustainable benefits to all sectors of the society.”
“Unfortunately, this is not an isolated event,” said Othoman Mellouk, who is the Access to Diagnostics & Medicines Lead at the International Treatment Preparedness Coalition,
“We have seen a similar push by EFTA in many other countries, including India. These TRIPS+ provisions, which EFTA systematically lobbies for, will have long-term, negative impacts on people’s access to essential medicines and threaten sustainability of Thailand’s existing local manufacturing capacity.”
