Aids groups seek help to counter 'ever-green patents'
By Petchanet Pratruangkrai
The Nation 2011-09-13
People with HIV/Aids have called for the Intellectual Property Department to amend the application process for drugs to pave the way for greater access to life-saving medicines amid plans by producers to extend patents for longer periods following a small adjustment to drug formulas.
IP Department director general Pajchima Tanasanti said they would consider Aids patients' concerns in approving patents for drug companies because the issue could cause difficulties for them in accessing drugs in the future.
The move by Aids patients' network came because they fear most patent holders in Thailand want to hold "ever-green patents" so they can retain profits from popular drugs for as long as possible.
An ever-green patent means holders - typically large, multinational drug companies - can apply for new patents by making only minor changes to drug formulas. The strategy allows them to keep an existing patent in play for much longer.
Pajchima said the department would try to take care on the issue because it had serious worries it would affect public access to affordable medicines. The department would also name a representative from Aids groups for a subcommittee looking at changes to the Patent Act to increase the chance for patients to be involved in law changes.
According to the Health Systems Research Institute, 96 per cent of the 2,034 patents granted over the past decade were categorised as "ever-green". This has caused difficulty for patients seeking to get access to cheaper life-saving drug because it gave "unlimited protection" for medicine producers.
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