SC upholds Cheaper Meds Act in local firm vs GlaxoSmithKline
By Carmela Fonbuena, abs-cbnNEWS.com/Newsbreak | 05/11/2009 1:54 PM
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A Supreme Court decision recently upheld the Cheaper Meds Act by favoring a local drug company in legal battle against the local arm of international drug giant SmithKline, Iloilo Rep. Janette Garin said in a statement on Monday.
The Supreme Court granted the petition of Roma Drug Company to issue a writ of preliminary prohibition to the respondents from prosecuting the owner of Roma Drug.
Previously, the regional trial court of Guagua, Pampanga prosecuted Roma Drug Company for violating the Special Law on Counterfeit Drugs (SLCD) for allegedly directly importing and selling medicines, which SmithKline was the authorized local distributor of. SmithKline (which became GlaxoSmithKline in 2000) has requested the National Bureau of Investigation (NBI) to raid the local drug store in 2001, prompting a legal complaint against Roma Drug.
The Supreme Court ruled that the provision of the SLCD prohibiting the sale of “unregistered imported drug products” was made moot with the passage of the Republic Act 9502 (RA 9502) or the Cheaper Medicines Act.
Enacted in 2008, the Cheaper Medicines Act adjusted patent rights so that the owner of a patent—which in this case is GlaxoSmithKline—has no right to prevent third parties—such as Roma Drug—from importing and selling patented drugs without the former’s authorization. Previously, only the local distributors of the patent owner could import and sell branded medicines, resulting in prices way above those in neighboring countries.
"The ruling sends a strong message to those who try to get around the law of the land and violate the right to quality and affordable medicines to Filipinos just to generate more income," Garin said. A doctor herself, Garin was among the proponents of the law.
"The Supreme Court decision on this case was exactly what we in Congress wanted when we pushed for the passage of RA 9502. Access to cheaper medicines cannot be fully realized if there is no limit to Patent Rights," she said.
Unregistered imported vs counterfeit
While RA 9502 did not repeal any provisions of SLCD, the counterfeit drug act wrongly classified “unregistered imported drugs” as “counterfeit drugs,” the Supreme Court (SC) said.
The SC also blasted the SLCD for being a blanket legislation that makes people who import unregistered drugs, regardless of purpose, as “criminals.”
These “criminals” could even include doctors on medical missions supported by International Red Cross, the International Red Crescent, Medicin Sans Frontieres and other humanitarian groups, the SC warned.
“For a law that is intended to help save lives, the SLCD has revealed itself as a heartless, soulless legislative piece,” the Court said.- with reports from Purple Romero, abs-cbnNEWS.com/Newsbreak
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