The United States Government (USG) presented the following set of talking points to the Royal Thai Government (RTG) on Wednesday, January 19, 2000.

James Love's analysis of these talking points can be found in the pharm-policy archives (US Talking Points on Thai ddi CL).

• We recognize your desire to address all health issues as effectively as possible. This is a goal we fully endorse and support. We believe that your goals can be achieved while promoting adequate and effective intellectual property protection, including patent protection for pharmaceutical products.

• We understand that negotiations continue between Thai health officials and a U.S. pharmaceutical manufacturer (Bristol Myer Squibb) over the cost of the anti-HIV drug Videx (often identified by the active ingredient "ddI").

• We also understand the Thai Government is considering issuance of a compulsory license to permit local manufacture of ddI.

• We are hopeful that in choosing a course of action in this matter your government will explore all opportunities to obtain the lowest price possible for ddI, including through negotiations with BMS.

• The USG has generally viewed compulsory licenses as being undesirable because they may undermine intellectual property rights. However, if the RTG determines a compulsory license is necessary to obtain the lowest price for ddI, the TRIPS Agreement establishes conditions that must be followed. For example, such use may only be permitted if the proposed user has made efforts to obtain authorization from the right holder on reasonable commercial terms and conditions and that such efforts have not been successful within a reasonable period of time, any license granted must be considered on a case-by-case basis and the government must limit the authority to use that patented invention to acts needed to address the given situation, and predominately to supply the domestic market.

• Furthermore, the license must be terminated when the circumstances that give rise to its necessity no longer exist. The patent owner must be paid adequate compensation under the license that takes into account the economic value of the license. The license cannot be transferred to other parties, and must not preclude the ability of the patent owner to make, use, sell or import the patent product.

• Finally, the U.S. Department of Health and Human Services would be interested in learning from the RTG its expected outcomes from the use of ddI in the treatment of HIV.