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[Rohit Malpani]

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Gov't gets support in fight to bring low-cost drugs

By Christian V. Esguerra
Inquirer
Last updated 10:48pm (Mla time) 11/15/2006

THE government-run Philippine International Trading Corp. (PITC) found
an ally on Wednesday in its struggle against a giant pharmaceutical
company over access to cheaper medicines in the country.

The Ayos na Gamot sa Abot-Kayang Presyo (AGAP) Coalition condemned a
court ruling that would prevent the PITC from importing "Amlodipine
Besylate" at lower prices. The drug is marketed locally as Norvasc and
sold at P44.75 per 5 milligrams tablet by Pfizer.

"We call on the PITC and other government agencies to stand firm against
transnational corporations' pressures and the anti-people stand of the
court," the group said in a strongly worded statement.

AGAP condemned "in the strongest possible terms" the order of Judge
Cesar Untalan that prohibited the PITC from making parallel importation
of patented medicines.

"Such an order ignores the sovereign right of the Philippines to
safeguard public health," it said.

Acting on the Pfizer complaint, Untalan earlier ordered the PITC not to
"make an importation of the subject matter until after the expiration of
the registration of the subject medicine (formula) with the Patent
Office in favor of the plaintiff."

The court also ruled that any registration over formula issued by the
Bureau of Food and Drugs (BFAD) "shall be effective only after the
expiration of the patented item."

AGAP considered the ruling a blow to the growing clamor for cheap but
quality medicines in the Philippines.

The group noted that "amlodipine desylate," a maintenance drug for the
treatment of hypertension, was much cheaper in India at P5.97 per five
milligrams tablet under the brand name "Amlogard."

A 10 mg Amlogard tablet was only P8.96 each as compared a similar dosage
of Norvasc that cost P74.57 in the Philippines, the group said.

"The general public should know that it is possible to reduce the prices
of medicines in the Philippines if the Generics Law will be properly
implemented, if no multinational drug companies will abuse their
patents, if there is no monopoly in drug production and marketing, and
if the government will assert its right to engage in parallel
importation promoting public health," it said.

AGAP said the Philippines could avail of "flexibilities" contained in
the World Trade Organization's Trade Related Aspects of Intellectual
Property Rights (TRIPs) Agreement.

Under TRIPs, a country -- in the name of public health and to make drugs
affordable -- can engage in parallel importation, issue compulsory
licensing to produce drugs in response to emergency health situations,
and prepare for the early generic production of drugs whose patents are
about to expire, according to the group.

Critics saw the Pfizer case against the PITC as an effort to prevent the
government from providing access to a cheaper generic product of Norvasc
as soon as the Pfizer patent expired in June 2007.

AGAP noted that the BFAD usually took 18 months to evaluate an
application for drug registration filed by a generic company like the
PITC.

If the PITC was allowed to make parallel importation only after June
2007, it said the government would have to wait for another 18 months to
get a drug registration.

"What Pfizer wants is to extend its monopoly over the product by at
least 18 months and earn P3.29 million even after its patent has
expired," it said.

At present, the group said the local pharmaceutical industry was "being
controlled and dominated by the multinational corporations with more
than 70 percent market share."

"Every year, the total annual sale of drugs and medicines in the country
is P80 to 100 billion," it said. "It is unfair for these multinational
drug companies to sell expensive medicines at the expense of the
Filipino poor who are receiving meager income."