Thursday, October 20, 2011

Customs officials wined and dined in San Francisco, USA

Published : Thursday, October 13, 2011 | Louie Logarta
Column: BLURBAL THRUSTS | Daily Tribune Newspaper

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There’s this story that was brought to my attention just recently by some consumer advocates which I think you guys should be aware of. It’s about cheaper medicines. Cheaper than the ones presently being sold today in the drug stores.

Frankly, I do not understand why it’s not getting too much publicity in the media despite its significance to Juan de la Cruz, which includes you and me. As far as I know, the story was featured in the Daily Tribune and Manila Times, but that’s about it.

Could advertising revenues have anything to do this?

In any case, it’s about this P15-million civil case filed by an obscure drug company, Sahar Pharma, for “malicious prosecution” against Pfizer Philippines, GlaxoSmithKline and Roche Philippines (ironically these turkeys are multinationals) which are among the handful of corporate giants controlling the local pharmaceutical industry.

As told to us, the three drug firms had filed a case sometime ago against Sahar — one of the few dealers of generic drugs around that supplies select hospitals and drug stores — to stop it from importing the same kind of medicines that they are selling in the Philippines, some of them with a 700-percent profit margin.

They held that parallel importation would allow patented medicines to be purchased from the cheapest source (in this case, India) without consent of the patent holder.

Said case was however rejected by the Supreme Court, Court of Appeals and the Department of Justice as the complaining drug companies failed to prove that existing laws prohibited the parallel importation of medicines. Figuring prominently in the rulings was the government’s ongoing effort to encourage competition through parallel importation of essential drugs to make them more affordable and within easy reach of the masses.

Sahar Pharma’s position on the issue of parallel importation was buttressed with the passage of Republic Act 9502 or the Universally Accessible Cheaper and Quality Medicines Act of 2008, the pet legislation of former Sen. Mar Roxas (now the DoTC secretary) which would ensure the availability of more affordable medicines by requiring drug outlets to carry a variety of brands, including those sourced from countries where medicines are sold at prices that don’t hit you in the gut, unlike here in the Philippines.

What the law does is it effectively eliminates all hindrances to the parallel importation of medicines, so now anyone who registers with the Bureau of Food and Drugs can legally import cheap medicines and sell them to the public generically, like you can’t import paracetamol tablets from Indonesia and then sell them under the brand name “Biogesic” which is the local market leader since that is owned by another industry giant, United Laboratories (Unilab).

In 2005, President Arroyo issued Executive Order 442 designating the Philippine International Trading Corp. (PITC) as the lead coordinating agency to make quality medicines available, affordable and accessible to the greater masses of Filipinos. It was allowed to engage in parallel importation of low-priced generic medicines from countries like India and Pakistan.

The Philippine Center for Investigative Journalism (PCIJ) in a special report some years ago said that Pfizer, an American multinational pharmaceutical corporation, was reaping obscene profits from countrywide sales of amlodipine besylate, a maintenance drug taken by millions of Filipinos suffering from hypertension, which is more popularly known as “Norvasc.”

According to the PCIJ, Norvasc was sold back then over the counter at P44.75 per 5mg tablet and P74 per 10mg tablet. But in India, Norvasc was being marketed by Pfizer under the brand name “Amlogard” for only P7.77 per 5mg tablet and P11.67 per 10mg tablet.

What better way to demonstrate the stranglehold that multinational drug companies such as Pfizer, Roche and GlaxoSmithKline have on the Philippine market, from which they have cumulatively earned close to P1 trillion during the past decade.

This is the principal reason the Philippines is saddled with sky-high prices of medicines, several times more expensive than those in most countries. It ranks second to Japan, the world’s third-biggest economy, in having the most expensive medicine prices in Southeast Asia despite the passage by Congress of the Generic Drugs Act over two decades ago, another one of those useless laws passed by the Philippine legislature.

http://www.tribuneonline.org/commentary/20111013com4.html

Moth, 3 Behemoths Duel In Court

Published : Saturday, October 08, 2011 00:00
Written by : NEIL A. ALCOBER CORRESPONDENT | The Manila Times.Net

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NO contest in pitting a puny moth against three behemoths of the pharmaceutical industry but the ensuing fight would be keenly watched: a Manila-based licensed pharmaceutical drug distributor and importer has filed a P15-million civil suit against three multinational pharmaceutical companies for “malicious prosecution.”

Three Goliaths against a lone David is a downright mismatch.

Named in the complaint of Sahar Pharma were Pfizer Philippines, GlaxoSmithKline Philippines, and Roche Philippines.

The complaint was described as “a landmark case” as it would further the government’s agenda in encouraging competition and cheaper medicines.

The law office of former Supreme Court Associate Justice Santiago Kapunan and lawyer-educator Adel Tamano serves as Sahar Pharma’s legal counsel in the suit.

The pharmaceutical giants had previously slapped a case against Sahar on the legality of parallel importation of drugs. The case didn’t prosper—thrown out by the Department of Justice, the Court of Appeals, and the Supreme Court.

In its ruling, the Supreme Court stressed that the multi-national companies failed to prove that the law prohibits the parallel importation of medicines and cited the government’s effort to encourage parallel importation of essential drugs to make affordable to the people, especially the poor.

The Sahar International Trading Incorporated (SITI) is one of the major distributors of cheaper medicines (generic) to some pharmacies and hospitals in the Philippines. It distributes medicines to Mercury Drug Stores, especially the Generika Pharmacy which caters affordable medicines to the poor people.

Meanwhile, Sahar spokesman Mack Macalanggan expressed hope that the ruling would be in their favor as it would also “recognize the right to health of every Filipino, and the essence of the law and fair competition will defend that right.”

Macalanggan thanked former senator and now Transportation Secretary Mar Roxas 3rd, the proponent of Republic Act 9502 or the Cheaper Medicine Law, as well as the whole legislature for approving the law.
Macalanggan said that the law itself expresses deep concern on citizen’s right to health enshrined in the 1987 Charter.

He added that R.A. 9502 author, Mar Roxas has left a landmark legacy that may linger in the memories of the Filipinos for the next century to come.

Wednesday, October 5, 2011

‘Landmark Case’ Filed vs Multinational Drug Firms

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Sahar Pharma (SIT), a local-based licensed pharmaceutical drug distributor and importer, recently filed a P15-million civil suit for malicious prosecution against “three multinational pharmaceutical companies.

The complaint has been described as a “landmark case”, not only because the defendants are three of the largest pharmaceutical and consumer healthcare companies in the world, but also due to the Aquino government’s agenda to encourage completion and promote cheaper medicines. The law office of former Supreme Court Associate Justice Santiago M. Kapunan and lawyer-educator Atty. Adel A. Tamano serves as Sahar’s legal counsel in this suit.

The multinationals had filed a suit against SITI touching on the legality of parallel importation of drugs, but there complaints were dismissed by the Department of Justice, the Court of Appeals, and finally the Supreme Court.

Furthermore, the SC ruled against the three pharmaceutical companies and pointed out that they failed to prove that the law prohibits the parallel importation of medicines. In fact, the SC cited that the government is currently encouraging parallel importation to make medicine more affordable.

SITI spokesman Mack Macalanggan expressed hope that the ruling would be in their favor, as its benefits not only SITI, but the Philippine market. “Filipinos have a constitutionally recognized right to health, and the essence of the law and fair completion will defend that right.”

The passing of Republic Act 9502 or the Cheaper Medicines Law also supports SITI’s positive advocacy. “Our advocacy to introduce cheaper medicines for Filipinos will hopefully open the gate for fair completion in pharmaceutical products, particularly essential medicines,” Macalanggan further emphasized.

3 PHARMA SUED FIRMS SUED

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Tuesday, September 27, 2011

SAHAR Pharma, a local-based licensed pharmaceutical drug distributor and importer, recently filed a P-15 million civil suit for “malicious prosecution” against three multinational companies.

The complaint has been described as a “landmark case” because the defendants are three of the largest pharmaceutical and consumer healthcare companies in the world and is a test to Aquino government’s agenda to encourage government’s agenda to encourage competition and promote cheaper medicines. The law office of former Supreme Court Asociate Justice Santiago Kapunan and lawyer-educator Adel Tamano serves as Sahar’s legal counsel in this suit.

The multinational earlier filed a suit against Sahar Pharma to question the legality of parallel importation of drugs. The complaint was dismissed by the Justice Department, the Court of Appeals and the Supreme Court.

The SC ruled that the three pharmaceutical companies failed to prove that the law prohibited the parallel importation of medicines. The SC added the government was actually encouraging parallel importation to make medicine more affordable.

Drug firm pushes full implementation of cheaper medicine law

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By Nestor Etolle (The Philippine Star) Updated November 30, 2010 12:00 AM

MANILA, Philippines – An official of a drug firm is urging the government to fully implement the Cheaper Medicine Act so the public would not have to be burdened with buying expensive drugs.

In a forum in Manila, Muhammad Ateeque, co-director of Sahar International Trading Inc. (SITI), said multinational firms are lobbying against the implementation of the law because this would reduce their profits.

Ateeque said people, especially the poor, should be given the right to choose the medicine they can afford as long as it is genuine and duly registered with the Food and Drug Administration.

National Bureau of Investigation agents recently raided a SITI warehouse based on a complaint by certain multinational firms that it was selling fake medicine, Ateeque said. The NBI later cleared the SITI after it found no counterfeit drugs in its warehouse.

Ateeque said his firm has almost 100 products duly registered with the FDA and these are the cheapest drugs the poor can afford.

He said an example is their life-saving drug for cancer sold by multi-national drug companies at P130,000 for 30 tablets, while theirs sells at only P8,000 for the same quantity and effect.

Ateeque said President Aquino should have strong political will to implement the Cheaper Medicine Act to enable people to buy quality medicine and even solve the illegal entry of imported drugs.

http://www.philstar.com/Article.aspx?articleId=634740&publicationSubCategoryId=65