The invention of drug is protected by the patent law which authorizes the patent holders to monopolize their production and set their price. On the other side, the patients need the drug to recover their paint and to live longer.If the price of drug is very expensive,they may stop taking it.That mean they must accept their suffer or death. Hence, It is necessary for the government to have the mean to address this problem. One method is Compulsory Licence (so call “CL”).
CL is abbreviated from Compulsory Licence whose definition is not stated in the Agreement on Trade-Related Aspects of Intellectual Property (Trips)[1] or Doha declaration on Trips and Public Health[2], However it can be implied that compulsory licensing is when a government allows someone else to produce the patented product or process without the consent of the patent owner. It is one of the flexibilities on patent protection[3].
Trips is binding Thailand as WTO member to protect the intellectual property. However ,Thailand is consider to not comply with Trips in using CL because Thailand has been exercised CL on 3 formulas, that is Efavirenz, Kaletra (anti-HIV),Combination between Lopinavir and Ritonavir(anti-HIV) and Clopidogrel (heart disease) and have plan to utilize CL on the other formulas whereas Abbott (Provider company which is the patent holder of Kaletra )has retaliated Thai government by withdrawing the 7 drug’s application .[4]The significant issue which should considered is that although the exercising of CL can solve the expensive price of drug but it impede incentive to create innovation in the long run. Hence CL on drugs is difficult to find the middle way between the patients and the provider companies.
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