Knowledge Management of Free Trade Agreement on Intellectual Property:

Propose by Drug Study Group (DSG),Thailand
Nov 2003; revise(1) Jan 31,2004; revise(2) Mar 10,2004.
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Rationale:
In August of the year 2002,US Congress had issued “Bipartisan Trade Promotion Authority Bill of 2002” which allows US government to sign bilateral trade agreement by “Fast tract”. This indicates that the US’s trade policy moves from multilateral to bilateral negotiation for easy & quick agreement names Free Trade Agreement (FTA).

FTA between US & other countries will benefit US more than multilateral agreement in many issues such as intellectual property,trade in services, investment,government’s procurement,etc.So far,US had already signed with some countries like Singapore,Chile whereas other countries still be in the negotiation process like Australia,Indonesia,The Philippines,Vietnam including Thailand.

US FTA offers : tariff decreasing in exchange with special flavoured trade treatment like Intellectual Property , US need partner to protect patent / copyright more than TRIPs (TRIPs-Plus).

We can predict the deal between US & The Royal Thai Government(RTG) by studying the agreements between US & Singapore / Chile / Australia and conclude as following:
 Extending the term of copyright protection from 50 to70 years after the owner’s death.
 Ensuring strong protection to Technological Measure & Right Management Information) by enforcing the law to both civil & criminal liability.
 Extending trademark protection to invisible objects like scent.
 Extending patent protection law to innovations of plants , animals , software & business method.
 Extention of Patent terms: patents be long as 25 years in order to compensate for up-front administrative or regulatory delays in granting the original patent, consistent with US practice.
 Data exclusivity: Test data & trade secrets submitted to a government for the purpose of product approval will be protected against disclosure for a period of 5 years for pharmaceuticals & 10 years for agricultural chemicals.
 Be the member of Patent Co-operator Treaty(PCT) which has delivered benefits to patent applicants by adhering to this well-accepted international application regime. Incorporating PCT adherence as a mandatory obligation of US. FTA will extend the procedural benefits of this treaty to patent applicants seeking to obtain protection on a global basis.
 It’s a high risk for Thai people to lose benefit to the US with the compliance of RTG along this negotiation. Thus, our networking tries to monitor this negotiation and moves forward to protect our sovereignty.

Objectives:
1. To monitor situation , collect data/information & study :
1.1 Other countries’ experience about impacts of FTA on Intellectual Property (IP) to drug & health systems.
1.2 Impacts of Thailand-US FTA on IP / Patent to Thai drug/health systems.
1.3 Impacts of Thailand- Japan FTA on IP / Health service to Thai drug/health systems.
2 To analyze & synthesize for the best solution of these agreements at both policy & operation levels.
3 To co-ordinate among the civil group & international alliances & move to push our notion to be implemented.
4 To distribute the synthesized knowledge to public for seeking more co-operation.

Duration:
1 year (November 2003-October 2004)

Activities:
1.Review data/informations regarding FTA especially on Intellectual Property which will impact to drug/health systems.
2. Organize brainstorming / workshop / seminar to exchange,analyze & synthesize the recommendations ie
2.1 International Seminar and Workshop on Free Trade Agreements(FTA): Analysis on Its Effects and Proposal from the People; February 9th-10th 2004 at Chulalongkorn University, Bangkok.
2.2 National seminar “Thailand –USA FTA: Effects on Drug and Health Systems” Friday 27th February 2004 at Reception Hall ,Parliamentary Building 2 Bangkok.
2.3 Following seminars and Workshops.
3. Co-ordinate networks of civil group (both national & international for exchanging & studying data & informations
3.1 FTA WATCH Organization:Thailand
3.2 Social Pharmacy Research Unit(SPR), Faculty of Pharmaceutical Sciences,Chulalongkorn University:Thailand
3.3 Center for Social Development Studies,Faculty of Political Sciences,Chulalongkorn University:Thailand
3.4 BIOTHAI :Thailand
3.5 AIDS Access Foundation (ACCESS) :Thailand
3.6 Foundation for Consumer(FFC) :Thailand
3.7 Health & Development Foundation(H&DF) :Thailand
3.8 Social Agenda Working Committee:Thailand
3.9 Rural Pharmacist Society:Thailand

3.10 Rural Doctor Society:Thailand
3.11 Thai Action on Globalization
3.12 Health Action International Asia-Pacific (HAIAP)
3.13 Medecins Sans Frontieres – Belgium (MSF-B)
3.14 FOCUS on the Global South(FOCUS).
3.15 Oxfam GB
3.16 Consumer Project on Technology
3.17 The Australia Institute
4 Distribute knowledge to members & public:
4.1 Drug Critique(DSG’s newsletter)
4.2 Internet
4.3 Mass media

Expectation:
Proposed recommendation to public, The Royal Thai Government & related organizations on our standpoint & policy planning to prevent the impacts of FTA on Drug/Health Systems.

Support by:
Health Action International Asia-Pacific (HAIAP).
Medecins Sans Frontieres – Belgium,Thailand (MSF).
Health & Development Foundation(H&DF).

Drug Study Group (DSG)
11/156 Soi Kaona 2,Jarunsanitwong 13 Road, Bangwag Pasicharoen BKK 10160
Tel 662-4102382-3 Fax 662-4106271