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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" <email@example.com>
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
Mexico DF 14080
Tel and FAX 525-6668640
---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.
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