Small pharmaceutical firms are worried about the alleged new decision of a quasijudicial court regarding the importation and sale of generic drugs that they initially favored. “The fickle decision of the court, in this case the Intellectual Property (IPO), delays the proper application of justice,” according to Mack Macalanggan, spokesperson for Ferma Drug, Mark Ericcson Enterprises, and Ellebasy Medicale. The case stemmed from a complaint by the multinational company Merck Canada’s IPO by the Bureau of Legal Affairs. Merck accused the three companies of violating the Patent Law by importing and selling Ferma, Mark Erricson and Ellebasy of etericoxib (Xibra), an anti-inflammatory tablet for heart disease, which Merck says was simply copied from their tablet . The IPO first dismissed Merck’s petition to issue a temporary restraining order (TRO) against the three companies.
The decision was signed by IPO hearing officer Adoracion Zare and seconded by BLA Director Nathaniel Arevalo. According to them, the complaint is in accordance with Section 2 of Office Order No. 186 Serior of 201 that Merck must first submit affidavits and original or certified true copies of documents. “The complaint filed by Merck about the patentability of etoricoxib, act of infringement in the importation and sale of the drug was also not clear.
Similarly, it also did not support the reason to issue an injunctive write the IPO and also failed to explain the irreparable injury here,” according to the IPO’s earlier letter.
Recently, it has reversed the IPO in its decision and issued a TRO to the three companies. “There is no solid reason for the action of the IPO and it is not just ‘flip-flopping’ but a violation of Republic Act 9502 or the Universally Accessible Cheaper and Quality Medicine Act of 2008 which gives people the right to choose and buy cheap drugs without sacrificing their quality,” said Macalanggan.
