Give the poor patients a chance: Enhancing access to essential medicines through compulsory licensing

This expert article was written by Jakkrit Kuanpoth and first published in Journal of Generic Medicines, Volume 6, Number 1, November 2008

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File type and size: PDF 0.125 MB
Publication size: 14 pages
Publication date: November 2008
Published by: Palgrave Macmillan Publishing
ThePharmYard product code: palgrave265

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AUTHOR(S):

Jakkrit Kuanpoth is a senior lecturer of Faculty of Law, University of Wollongong, Australia. He is a graduate of Ramkhamhaeng University in Thailand and a Barrister-at-Law of Thai Bar, he holds an LLM in International Economic Law from the University of Warwick and a PhD from the University of Aberdeen, Scotland.

ABSTRACT

The important relationship between pharmaceutical patents and problem of inaccessibility of medicines by poor nations is exemplified more clearly by the experiences of developing countries in Asia. Thailand is one of these developing countries which has the most experience of the negative impact of stronger patent protection. The paper provides a general view of the problem of the inaccessibility of lifesaving medicines in Thailand. It also discusses the attempts of the Thai Government to use an available legal measure (ie compulsory licensing) to control the abuse of pharmaceutical patent rights, and provides a theoretical and practical analysis of various legal issues relating to the use of the non-voluntary licensing scheme to improve access to essential medicines.

ABOUT THE JOURNAL Journal of Generic Medicines ISSN: 1741-1343 The Journal of Generic Medicines is guided by its respected Editor Greg Perry (European Generic Medicines Association) and an international Editorial Board of leading practitioners and Association representatives from the generics industry. Journal of Generic Medicines is the major, international business journal written by and for expert analysis, briefings and legal updates on all aspects of business development, regulatory affairs, manufacturing and marketing affecting the generic pharmaceutical industry. Each quarterly issue publishes analyses, briefings and updates which are of direct relevance to practitioners and that meet the highest intellectual standards.