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WEEKLY NEWS - OCTOBER 18, 2007

This article is part of MIP Week, a weekly email newsletter written by the editors of Managing IP magazine. Take a one week trial to Managing IP and find many more related articles.

Philippines closer to cheaper medicines law

Peter Ollier, Hong Kong

Politicians in the Philippines Congress look set to approve a bill that could lower the cost of drugs in the country by allowing parallel imports of medicines, making it easier for the government to issue compulsory licences and harder for officials to grant pharmaceutical patents

On October 3 the country’s Senate passed the Quality Affordable Medicines Bill on its second reading.

The next day the trade committee in the House of Representatives, the lower chamber, consolidated 26 bills that had been submitted by various members into House Bill 2844, called: An Act Providing for Cheaper Medicines and for Other Purposes.

The House of Representatives first proposed a Cheaper Medicines Bill in August.

Senator Roxas is the main sponsor of Senate Bill No 1658, which aims to amend the Intellectual Property Code to allow parallel imports of cheaper medicines, support generic drug producers in the Philippines and relax the rules allowing compulsory licences to be issued.

One amendment echoes section 3(d) of India’s Patent Act by seeking to “prevent the filing of frivolous patents especially for new uses of existing substances”.

The Act allows the early working of patented drugs by generic companies, so they can obtain regulatory approval for their drugs before the patent has expired. It also broadens the provisions on compulsory licensing to allow the president to issue licences for public, non-commercial use.

The Intellectual Property Office of the Philippines and the Department of Health both support the proposed amendments. IP Philippines also backed moves by the Senate to deal with the bill under a fast track procedure.

Although passing the bill is a priority in both parts of congress, Edith Hechanova, partner of Hechanova Bugay & Vilchez, told MIP Week “It still has a long way to go”.

Congress is in recess but will reconvene on November 5 and sit until December 17. The House Bill still needs to pass its second reading and has been certified as a priority bill by President Arroyo. If the House and Senate versions pass their third readings, a bicameral committee will discuss both versions of the bill and present a combined version for President Arroyo to sign.



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