InnoGen Goes for Amending Intellectual Property Code

InnoGen Pharma Group is looking forward to be able to lower further prices of its drugs and medicines to be able to be reached by poor consumers in the Philippines.

As of now, InnoGen has been distributing drugs and medicines at the cost much lower than other pharmaceutical companies because InnoGen has the low-income group in mind all the time.

InnoGen Pharma Group lauds the Senate for unanimously voting on final reading on January 31, 2007 the Senate Bill 2263 authored by Senator Mar Roxas seeking to amend five sections in the Intellectual Property Code.

Senator Mar Roxas has filed Senate Bill 2263 seeking to amend some sections of the Philippine International Property Code (IPC). One of these is section 72.3 which, if amended, it will adopt the “early working” doctrine that will allow generic producers to get ready earlier; so that companies can start the production and sale of generic drugs shortly after its patent expires.

Many other countries have adopted similar provisions, including Canada, Argentina, and Asian countries like Thailand, Malaysia and Indonesia. In fact, the World Health Organization recognizes this principle in a case which figured Canada versus the European Union member states.

Senator Roxas calls for the code to adopt “the doctrine of international exhaustion of intellectual property rights” from the present domestic exhaustion principle applied in the Philippines.

Under the international exhaustion regime, once a product has been introduced anywhere in the world by a patent owner, anybody can import the same product and resale in the Philippines without risk of patent infringement.

This would mean that the amendment shall allow parallel importation of medicines so that any trader can shop abroad for better prices, allowing him to lower the price when sold in the Philippines.

The bill also seeks to amend three more sections of the Intellectual Property Code

in a bid to lower prices of medicines sold in the Philippines.

The proponent pointed out: “The health of our people cannot be made to wait, especially in times of emergencies. The government must be empowered to do this outright without the need for a lengthy process.”

A counterpart bill HB 4943 has been filed in the House of Representatives pushing for the enactment of the IPC amendment bill.

In the meantime, the House of Representatives also approved on final ready the HB-6035 on 21^st February 2007 amending provisions of the IPC to help improve access to quality and low cost medicines and in support of the senate bill.

The House Bill also calls for the creation of the Drug Prices Regulation Board attached to the Department of Health to among other things, regulate prices of drugs ad medicines, including the life-saving ones and those indicated for chronic illnesses.