Filipinos still don't have full access to cheaper medicines

Filipinos still do not have full access to cheaper medicines as the implementing rules and regulations (IRR) crafted by the Intellectual Property Office of the Philippines (IP Philippines) do not ensure that public health is fully protected, a consumer group said.

The Cut the Cost, Cut the Pain Network (3CPNet) said a provision of the cheaper medicines law seeks to preserve existing rights prior to the implementation of the law. The IRR states that “nothing herein shall adversely affect the rights or the enforcement of rights acquired in good faith prior to the effective date of these implementing rules and regulations.”

Salvacion Basiano, spokesperson of 3CPNet, said the provision negates the purpose of the law because it is not clear and can be interpreted in many ways.

“This provision will contradict the purpose for which the universally accessible Cheaper and Quality medicines Act was legislated in the first place. The provision is vague and may defeat the spirit of the Act, thus denying Filipinos access to affordable medicines they need,” Basiano said.

As such, the group asked IP Philippines to remove the particular provision. “The Intellectual Property Office should remove the provision from the draft immediately.”

Likewise, international non-government organization Oxfam urged the IP Philippines to clarify in the IRR its effects on existing patents.

“Public health must take primacy over the assertion of private rights provided for by the Intellectual Property Code of the Philippines. The IRR can be further improved to emphasize the flexibilities provided for by the WTO TRIPS Agreement, and affirmed by the Doha Declaration on TRIPS And Public Health,” said Elmira Bacatan, Oxfam campaigner on access to medicines.

The groups asked IP Philippines to put in place safeguards to ensure that generic medicines can enter the market immediately upon patent expiration, that the government can override patent protection to introduce inexpensive versions of medicines to protect public health, or import a patented product marketed in another country at a lower price.

The groups said the IRR should stipulate any that license for government use is essential to promoting public health, and no conditions should be imposed on the use of government licensing.

Furthermore, the groups said the government must ensure a provision in the IRR for experimental use of patents should include reverse engineering and improving on the patented medicines.

IP Philippines director general Adrain Cristobal Jr. said the IRR for the cheaper medicines bill will be ready before the November deadline.