New Public Health Minister Chaiya Sasomsab stated clearly on his first day in office that he wanted the scheme to be reversed. His stance drew harsh criticism
from civil groups and health experts.

The report provides technical information and policy options on the general rules and mechanisms available to countries for use of the flexibilities contained in
the Trips and other international agreements, in order to promote greater access to pharmaceutical products. The WHO mission, led by German Velasquez from its headquarters in Geneva, said its report is not intended to make any evaluation or assessment of the use of Trips flexibilities in Thailand.

Kannikar Kijtiwatchakul, a campaigner for Medecins Sans Frontieres, said the report implied that Thailand's past acts regarding the issuing of compulsory licences were legal and transparent as far as public health matters were concerned.

The mission said in its report that the Trips agreement contains a range of mechanisms and options to protect public health that countries can consider when formulating intellectual property laws and public health policies.

''The use of compulsory licences and government-use provisions to improve access to medicines is one of several cost-containment mechanisms that may be used for patented essential medicines not affordable to the people or to public health insurance schemes,'' the report says.

It is acknowledged that the decision to grant compulsory licences and use other Trips flexibilities is often complicated and involves different stakeholders.
''It is therefore important to establish clear decision-making processes, including the determination or designation of the authorities or bodies charged
with responsibility for the various stages of decision-making,'' the report said.

The Trips does not specify the nature of the authority or the process that is mandated to grant compulsory licences or determine the level of compensation.
However, WTO members may designate authorities and a system to proceed with the granting of compulsory licences.

''It is noted that the systems vary in different countries, with some adopting administrative procedures and others a mixed system, where initial decisions relating to the granting of compulsory licences and compensation are made administratively and appeals are made to the judicial system,'' the report said