|
CHRISTMAS COUNTDOWN FOR CHEAPER MEDICINES
The Philippine Star
12/17/07
Several years after tackling the then obscure idea of quality and affordable medicines for the public, and after many debates, posturing and squabbles among politicians, the still uncertain passage of the quality and affordable medicines / cheaper medicines bill this Christmas season is disheartening.
And we thought everything was already in the bag. The first wave of encouraging news was when Senate Bill 1658, or the Quality Affordable Medicines Act of 2007 sponsored by Sen. Manuel Roxas II, was finally approved on third and final reading more than a week ago.
This left the ball in the hands of Congressmen in the lower chamber to pass its counterpart bill. In fact, omni-optimist Speaker Jose De Venecia had declared that Congressmen would approve their version of the bill and have it ready for the bicameral conference before Christmas. He even hinted that the bill could be submitted to Malacanang within the said timetable.
Roxas, who initiated the cheaper medicines program aimed at making drugs more affordable during his stint as Trade and Industry secretary, lauded his Senate colleagues for their support of the bill, and at the same time urged congressmen to likewise speed up the passage of their version so that a bicameral conference could be held at once.
Aware that the price of medicines in the country is the second most expensive in Asia next to industrialized Japan, initiatives to bring down the prices of medicines to a more reasonable and just level have been undertaken since the 11th Congress.
Not much progress was achieved since then. A bill filed in the 13th Congress, unfortunately, after lots of talk and public hearings cum grandstanding, was not passed. And now, with the way some of our Lower House reps are acting, things may be a repeat of the last Congress.
Let's just wait, see and hope that our honorable lawmakers can for once pull off something worthy and good for the people.
Welcome changes
Bent on having the bill passed with minimal resistance form the Lower House, the Senate did take into consideration amendments proposed by proponents of the House version of the bill.
A key amendment to the Senate version is one that allows the President of the Republic to monitor and impose price ceilings to combat artificial price increases especially during crisis situations.
The said provision is actually patterned after the Price Act which is aimed at protecting consumers from illegal and unfair price increases and pricing scheme, and which is being strongly advocated by the Trade and Industry department.
The insistence of Congressmen to set up a price regulatory body for drugs in line with the cheap medicines program was one of the factors that led to the delay of the passing of the bill in the Lower House in the 13th Congress.
Another pertinent provision of the Senate bill is the modernization and manpower development and training of the Bureau of Food and Drug (BFAD) as key agency in the campaign against the importation by unscrupulous individuals of fake or inferior medicines.
The bill mandates that all income earned by the agency from fees and other charges would be directly used to improve facilities and boost the technical skills and competence of their personnel through training and continuing education.
Likewise, the bill seeks to amend provisions of the Intellectual Property Code to make it easier for local pharmaceutical companies to take part in the parallel importation of more affordable drugs, manufacture medicines prior to the expiration of a patented drug under the early working principle and at the same time toughen guidelines on the granting of new patents on old drug formulations, like what is being practiced in India.
The India example
I've earlier discussed that India until recently refused to grant patents on medicines, which is why it was able to manufacture cheaper versions of vital drugs, many of which found its way to the Philippines under the Presyong Tama Gamot Pampamilya Program of the DTI.
Being a member of the World Trade Organization (WTO), however, India was compelled to eventually grant patents on drug formulations as mandated by the WTO.
Still, that did not stop the Indians from protecting the interests of hundreds of millions of their countrymen, many of whom are dependent on affordable and potent medicines for their aches and illnesses.
Under its Amended Patents Act, India did grant patents but only for absolutely new or pioneering drugs, meaning, those with new ingredients or substances. Hence, medicine brands marketed as new products for a different indication but containing previously known and used ingredients or substances are not granted patents.
Alarmingly, such an ingenious rule is likewise in the line of fire of giant pharmaceutical firms which have filed lawsuits and employed other tactics in order to maintain high profit margins. In fact, even the Philippine International Trade Corporation (PITC) which oversees or handles the importation of cheap / affordable medicines was sued by giant pharmaceutical firms.
The lawsuits and other obstacles notwithstanding, the Amended Patent Act of India was a step in the right direction toward keeping prices of medicines down while at the same time abiding by international laws on trade and commerce.
Several Congressmen have probably seen or heard the India example and introduced similar or related provisions into the Lower House version of the bill. What is key is that the merged House and Senate bill is as comprehensive as the India example, if not better, for the sake of millions of Filipinos whose reward of affordable, quality medicines is long overdue.
Indeed, the challenge for the legislature is their commitment and sincerity to set aside politics and work for the passage of the bill, be it before Christmas as boasted by some lawmakers or shortly thereafter, doesn't matter. The thing is to get this piece of legislation, a key prescription for national progress, finally passed by Congress signed into law and faithfully implemented.
“Pag-usapan Natin” at IBC-TV 13
Watch “Pag-usapan Natin,” a segment of the IBC-TV 13 news program News Tonite, from 10:30 pm to 11 pm (Mondays to Fridays) as we discuss issues that have relevance to our everyday living. Viewers may send their comments to Sunshine Television c/o Valle Verde Country Club, Pasig City.
Should you wish to share any insights, write me at Link Edge, 25th Floor, 139 Corporate Center, Valero Street, Salcedo Village, 1227 Makati City. Or e-mail me at reydgamboa@yahoo.com.
TOP
|