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Generic Drugs, Nafta and Trademarks

  Subject: E-DRUG: generic drugs in Mexico
       Date: Tue, 18 Nov 1997 01:26:57 -0500 (EST)
       From: "R. Perez-Padilla" <perezpad@servidor.unam.mx>
   Reply-To: e-drug@usa.healthnet.org
  E-drug: generic drugs in Mexico
  Several drug companies are challenging a recently approved law in 
  Mexico tending to enhance the market for generic drugs. Now generic 
  drugs are used only in the Social Security system (covering about 40% 
  of Mexicans). The law requires doctors to prescribe the pharmacologic 
  agent, giving the option to add the commercial name if the physician 
  wants a specific product. The pharmacist can offer to the patient the 
  options of generics when available. This law does not apply to new 
  drugs with the 20 year patent rights. 
  The pharmaceutical companies started an expensive program to "defend" 
  against the law threatening to use items of NAFTA treaty etc. I will 
  keep people informed. 
  Rogelio Perez-Padilla MD
  Tlalpan 4502, 
  Mexico DF 14080
  Tel and FAX 525-6668640
  Email: perezpad@servidor.unam.mx
  ---Note from the moderator:
  Can someone summarize the Industry's viewpoint on NAFTA? How would a
  trade' agreement hinder competition with generics?
  We have to differentiate: (mandatory?) generic prescribing (for public
  sector only or also for private sector), and generic substitution (the
  legal right of a pharmacist to dispense a generic when the doctor has
  written a brandname, and has not expressly forbidden on the prescription
  that it be substituted.
  Can people summarize the position in their countries to the list? We
  bundle the comments.
  Wilbert Bannenberg
  E-drug moderator
  Email: 73377.3055@compuserve.com 
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