Patent and Accessing to Essential Medicine of Thai Population : The case study of Marijuana
In the research regarding the provision of protecting patents related to marijuana extract and medicines produced from marijuana extracts to allow Thai people accessing to quality and efficiency medicine as well as raising the level of public health in Thailand and upgrade the quality and standard of living of Thai people. The purposes of this research are 1. To study the concepts, theories and legal principles regarding drug patents and marijuana possession, and 2. To suggest the guideline to improve and develop laws regarding patents and the production and possession of marijuana for pharmaceutical production through the use of the qualitative research methodology. The data is collected by collecting relevant documentary research. The results presented that the production, import or export of marijuana, except in cases of necessity for the benefit of the civil service, medical treatment of patients or research and development, including agriculture, commerce, science or industry, shall be for the medical benefits. However, the patent registration for marijuana extract or medicine produced from the marijuana extract is still rejected, so it does not provide the opportunity to Thais to access the marijuana extract-made medicines. Hence, the Patent Act B.E. 2522 (1979) should provide protection to medicines produced from marijuana extracts to be consistent with the permission to cultivate, produce, import or export marijuana for the benefit of the government, medical, patients treatment or research and development to provide opportunities for Thais to access to quality and effective medicine to relief pain and increase the efficiency of public health in Thailand as well as to upgrade the quality and standard of living of Thai people.
Keywords - Patent, Accessing to essential medicines, Marijuana