By Marianne V. Go
The Philippine Star - Nov. 23, 2006
The Philippine International Trading Corp. (PITC) will not import the hypertension drug Norvasc now that local pharmaceutical manufacturer United Laboratories Inc. (Unilab) has come out with its own cheaper hypertension drug, Amvasc.
According to PITC chairman and president Roberto M. Pagdanganan, Unilab’s Amvasc will retail at P17.50 compared to Pfizer’s P74.75 for the 10 milligram tablet and P44.75 for the five mg tablet.
PITC is being sued by Pfizer for patent infringement for importing 40 tablets of Norvasc.
According to Pfizer’s contention, since the drug is still under patent protection, PITC should not even do any early importation even for so-called preparatory testing and analyses.
Pfizer, likewise, complained about the early application for registration made by the PITC with the Bureau of Food and Drug Administration (BFAD) to import Norvasc.
Pfizer insists that the PITC could only import Norvasc when Pfizer’s patent on the drug expires in June 2007.
The PITC has explained and assured that its decision to import a particular drug is made only if the local price of the drug is higher and the patent of the drug has expired. The case is still pending with the court.
However, Pfizer’s stance has hit a sour note with local consumers and consumer groups, as well as some non-government organizations which note that big multinational pharmaceutical groups are trying to lobby for the implementation of a Trips-Plus agreement with the government through a Free Trade Agreement (FTA) with the US.
Advocacy group Oxfam had warned the government against pursuing a lopsided RP-US FTA with the American pharmaceutical industry actively lobbying the Office of the US Trade Representative (OUSTR) for more stringent intellectual property protection on medicines.
"Currently, 20 pharmaceutical-industry representatives are on the OUSTR advisory committees and have vigorously represented their commercial interests in trade negotiations with developing countries," according to Shalimar Vitan, Oxfam campaigns coordinator.
Vitan cautioned the government against buckling under US pressure to adopt stricter intellectual property rules in complete violation of the WTO Doha Declaration on Trade-Related Intellectual Property Rights (TRIPS) and Public Health.
"Developing countries, like the Philippines have a responsibility to use the TRIPS public health safeguards, but the pharmaceutical industry is doing everything to eliminate or weaken the TRIPS safeguards to extend its monopolies over medicines," said Vitan.
Vitan said the US recently concluded FTA negotiations with Colombia and Peru imposing what are known as ‘TRIPS-plus’ intellectual property rules that included extension of patent term, data exclusivity, and patent linkage.
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