ddI is an antiretroviral drug which is used in combination with others to treat people infected with HIV. The research for ddI was carried out by the US government funded National Institute of Health (NIH) in 1989. The originally tablet of ddI had to be taken with an antacid/buffer to reduce acidity in the stomach which would otherwise reduce the action of ddI. The

NIH licensed the marketing right of ddI tablets to Bristol-Myers Squibb Company Limited (BMS) to be sold in 8 developed countries. Once BMS had been granted the marketing license they developed a formulation of ddi in which the ddI and buffer were combined in the same tablet, a technique already well-known amongst pharmacists. In 1998 BMS applied for and received a Thai patent (number 7600) on a combination of ddI plus other substances (antacid which help the ddI to be better absorbed from the stomach) from Thai Department of Intellectual Property (DIP). There are currently 2 legal challenges to this BMS patent.

1st case - Problems in the Thai patent registration lead to the issuing of an invalid patent. Key points in the judgement include:

People living with HIV/AIDS and a Thai NGO working on AIDS can be considered as injured parties in a dispute over patent. BMS had amended their patent application three years after it was submitted, in order to claim a wider monopoly than the patent description justified. “The court said (on 1st October 2002) this amendment was illegal and has ordered BMS to put back the original claim.”

2nd case - The Network for People living with HIV/AIDS, AIDS NGOs, the Foundation for Consumer and a number of pharmaceutical experts have viewed the BMS patent number 7600 and found that such a patent does not show significant inventive step or novelty, necessary criteria in application for and granting of a patent. Therefore the Thai patent on ddI tablet number 7600 should not have been granted. Consequently, a second case is brought to The Central Intellectual Property and International Trade Court (CIPITC) by The Foundation for Consumer and a group of HIIV infected today, 9th October 2002 at 10 pm. In which they will call for the BMS patent for ddI tablets to be revoked.

For information, please contact:
Medecins Sans Frontieres-Belgium, Thailand (MSF-B)
Mr.Paul Cawthorne, Head of Mission
Dr.David Wilson, Medical Coordinator
Email: msfbthai@ksc.th.com

Ms.Onanong Bunjumnong, Access Campaign Coordinator
Phone: +661-8384233 Email: msfdrugs@asianet.co.th
Thai Network for People Living with HIV/AIDS (TNP+)
Mr.Kamon Uppakaew, Chairman
Phone: +662-3760175-6
Email: tnpth@loxinfo.co.th

AIDS Access Foundation
Mr.Nimit Tienudom, Director
Phone: +661-9104884
Email: mit@aidsaccess.com

Center for AIDS Rights (CAR)
Ms.Supatra Nacapew, Director
Phone: +661-7206827
Email: carbkk@loxinfo.co.th

Foundation for Consumer (FFC)
Ms.Saree Aongsomwang
Phone: +661- 6685240
Email: saree@health.moph.go.th