Thailand flouts pharmaceutical patent protection; report

Lax enforcement of patent regulations in Thailand is alienating American intellectual property laws, as the Thai government focuses on using generic pharmaceuticals to maintain low health care costs, states a new report by research and consulting firm GlobalData.

The US Food and Drug Administration seems unable to stop generic versions of patented pharmaceutical products being launched, and the Thai Ministry of Public Health (MoPH) has previously granted compulsory licenses for Sustiva (efavirenz) and Kaletra (lopinavir), without any prior discussions with the patent holders. Policy changes were only made regarding the granting of compulsory licenses in November 2012.

Privileges for the Government Pharmaceutical Organization (GPO) may work as a barrier to industry growth, but will help the government control health care costs by promoting generic drug use, says GlobalData. GPO is a state enterprise under the MoPH, and holds exclusive rights to supply government hospitals with products on the National List of Essential Drugs (NLED). GPO generic product registration is very fast and requires minimal documentation in comparison to standard regulatory procedures.