Small drug companies ACCUSED multinational firms of preventing the implementation of Republic Act 9502 or the Universally Accessible Cheaper and Quality Medicine Act of 2008 by filing a case against them under alleged violation of “patent protection law.”
Femma Drug, Ellebasy Medicale Trading was recently raided by the police and agents of the National Bureau of Investigation (NBI) in connection with the warrant and seizure order obtained by Merk & Dome in the court in Makati due to their alleged violation of patent right and “illegal drug sales.” The three companies denied the allegation and said that they are selling generic drugs and all of them are registered with the Food and Drugs Administration (FDA). “How can the FDA give us a certificate if the drugs we sell are illegal? The truth is, generic drugs save a lot more than multinational company drugs,” according to Mack Macalanggan, the group’s spokesperson. In a report, Merck said authorities seized fake and illegal drugs worth P15 million.
The three companies denied this and said that the value of the drugs obtained from them was only P2 million. “They based it on their price so the drugs reached P15 million,” according to Macalanggan. Last year, Merck also filed a lawsuit against Sahar International Trading and Suhitas for allegedly violating the generic law. In the statement of Sahar and Suhitas, the alleged etoricoxib anti-inflammatory drug by Merck, is not patented because the chemical structure of the drug is different compared to their brand. They explained that under Section 7-M of RA 9502, “generic drugs refer specifically to drugs that have the same active pharmaceutical ingredient as innovator drugs and are not covered by the patent protection law.” They said that no preliminary injunction or restraining order has been issued by any court preventing the sale or distribution of etoricoxib, contrary to Merck’s published notice. According to Macalanggan, it is the right of every Filipino to buy and choose cheap medicine to cure their illness.
The three companies denied this and said that the value of the drugs obtained from them was only P2 million. “They based it on their price so the drugs reached P15 million,” according to Macalanggan. Last year, Merck also filed a lawsuit against Sahar International Trading and Suhitas for allegedly violating the generic law. In the statement of Sahar and Suhitas, the alleged etoricoxib anti-inflammatory drug by Merck, is not patented because the chemical structure of the drug is different compared to their brand. They explained that under Section 7-M of RA 9502, “generic drugs refer specifically to drugs that have the same active pharmaceutical ingredient as innovator drugs and are not covered by the patent protection law.” They said that no preliminary injunction or restraining order has been issued by any court preventing the sale or distribution of etoricoxib, contrary to Merck’s published notice. According to Macalanggan, it is the right of every Filipino to buy and choose cheap medicine to cure their illness.
