Various Types of Compulsory Licensing Under the Patent Act, B.E. 2522 (A.D.1979) with the Access to Pharmaceutical Products of Thai People
At present, Thai people often get sick from severe diseases where the ongoing treatments are required, and the costs of medicines and treatments are high such as AIDS, cancer, coronary artery disease, diabetes, high blood pressure, etc. The costs of treatments for the mentioned diseases are opposite to income of Thai people living in Thailand, which is a developing country. The main income of the country comes from the production of agricultural products. Therefore, the income of the Thai population is low to moderate. Meanwhile, patent, process, and invention protection is widespread and serious, especially patent in type of pharmaceutical products and medical instruments. Such protection provides the exclusive right to the patentee to manufacture, use, sell, offer to sell, or import the pharmaceutical products into the kingdom pursuant to the patent, and allow the patent holder or the operator to be a monopoly to the pharmaceutical products and medical instruments. When the pharmaceutical manufacturer's company has no market competitors, the company can set the pharmaceutical price as high as it is desired; As a result, Thai people cannot afford the costs of medicines and access to the treatment accurately; hence, it leads to the premature death. This research is, therefore, a study to investigate the solution of market monopoly by using compulsory licensing over the Pharmaceutical Product Patent. This is an important mechanism under the Patent Act, 1979 to govern compulsory licensing according to the law, to promote the pharmaceutical access policy, public health, and to improve quality of life of Thai people.
Index Terms - Compulsory Licensing, Pharmaceutical Products, Patent Act, B.E. 2522