WASHINGTON--15 May--PRNewswire-AsiaNet/InfoQuest ThaiMyths.com ( http://www.thaimyths.com ), a project of USA For Innovation, unveiled Myth #6 today to draw attention to the deceit in Thailand's decision to steal American and European innovation. Each business day for two weeks from May 7 - May 18, ThaiMyths.com will release additional information regarding one of the ten recent myths by the Health Minister Mongkol naSongkhla. Today's Myth: #6 of 10 Myth: Thailand's recent use of compulsory licenses is legal. Fact: World Trade Organization rules oblige countries to meet specific requirements before issuing compulsory licenses. The Thai government disregarded those rules. FACT: According to the World Trade Organization, countries instituting compulsory licenses should do so at a time of "national emergency." Thailand's AIDS situation -- while tragic -- is far less of an emergency than the crisis faced by many African countries. "As the American Enterprise Institute's Roger Bate points out, less than 1% of the Thai population suffers from chronic coronary disease and a little over 1% from HIV/AIDS. The latter is terrible but also far less than in most of sub-Saharan Africa." (Editorial, "Abbott's Bad Precedent," The Wall Street Journal, 4/30/07) Compulsory licensing should only be issued in "exceptional circumstances," according to the former dean of the Boston University Law School. "The WTO rules make clear that compulsory licensing is to be used only in exceptional circumstances and even then requires payment of reasonable royalties that compensate for the economic loss of the IP rights owner." (Ronald A. Cass,"Drug Patent Piracy," The Wall Street Journal, 5/7/07) The Wall Street Journal: "Thailand is stretching 'national emergency' beyond reason." (Editorial, "Abbott's Bad Precedent," The Wall Street Journal, 4/30/07) FACT: WTO rules state that compulsory license may only be used by a country for public non-commercial use. A for-profit Thai government-owned firm will be taking the patent "to make money." "Bangkok intends to seize the patents and ship them to the Government Pharmaceutical Organization, a for-profit state-owned company. The Thai company, by the way, has never been certified by the WHO as a safe drug producer and has a track record of graft. Yet now the WHO has allowed thecompany to smash and grab a patent to make money." (Editorial, "Abbott's Bad Precedent," The Wall Street Journal, 4/30/07) The Wall Street Journal: "The 'Public Non-Commercial Use' Justification Also Doesn't Hold Up." (Editorial, "Abbott's Bad Precedent," The Wall Street Journal, 4/30/07) FACT: Changes to interpreting compulsory licensing language was to help poor countries -- not the economically vibrant. A legal scholar argues nation's now imposing compulsory licenses -- like Thailand -- are "relatively large economies" seeking "reduce health-related spending." "The countries currently imposing compulsory licenses, however, are relatively well-off nations with relatively large economies. Brazil placed 10th and Thailand 34th last year, out of 181 nations ranked by nominal GDP, according to the IMF. Both are well above average in per capita wealth, but want to reorient their spending priorities, using compulsory licenses for American-made and European-made drugs to reduce health-related spending." (Ronald A. Cass, "Drug Patent Piracy," The Wall Street Journal, 5/7/07) About USA For Innovation and ThaiMyths.com USA For Innovation is a non-profit organization dedicated to the protection of intellectual property and continued innovation around the globe. USA For Innovation educates decision makers, the media and general public about threats to innovation. ThaiMyths.com is a project of USA For Innovation intended to expose the web of deceit by Thailand's Health Ministry. For additionalinformation, please contact us at 866-646-8668 or [email protected] SOURCE: USA For Innovation CONTACT: USA For Innovation, +1-866-646-8668, [email protected] Web site: http://www.thaimyths.com --Distributed by AsiaNet ( www.asianetnews.net )--