3 PHARMA SUED FIRMS SUED

Tuesday, September 27, 2011

SAHAR Pharma, a local-based licensed pharmaceutical drug distributor and importer, recently filed a P-15 million civil suit for “malicious prosecution” against three multinational companies.

The complaint has been described as a “landmark case” because the defendants are three of the largest pharmaceutical and consumer healthcare companies in the world and is a test to Aquino government’s agenda to encourage government’s agenda to encourage competition and promote cheaper medicines. The law office of former Supreme Court Asociate Justice Santiago Kapunan and lawyer-educator Adel Tamano serves as Sahar’s legal counsel in this suit.

The multinational earlier filed a suit against Sahar Pharma to question the legality of parallel importation of drugs. The complaint was dismissed by the Justice Department, the Court of Appeals and the Supreme Court.

The SC ruled that the three pharmaceutical companies failed to prove that the law prohibited the parallel importation of medicines. The SC added the government was actually encouraging parallel importation to make medicine more affordable.

Court junks infringement raps vs local drug firm

Monday, March 28,2011

The Makati Regional Trial Court (MRTC) has dismissed the patent infringement charges filed by a multinational drug company against a local drug distributor, opening the gate for lower prices of imported drugs and stronger implementation of Cheap Medicine Law in the country.

The case, filed by Pfizer against Sahar International Trading Inc., stemmed from the selling and distribution of a drug that reduces the risks of heart attack and stroke, lowers bad cholesterol level and prevents other diseases.

The drug, being sold at a cheaper price by Sahar, has pharmaceutical ingredient called atorvastatin claimed to be patented by Pfizer.

In a 14-page decision dated March 11, 2011 penned by Judge Cesar Untalan, the court explained that “the unqualified right of private parties such as petitioner to import or possess ‘unregistered imported drugs’ in the Philippines is confirmed by the Implementing Rules of Republic Act 9502 or Cheaper Medicine Act promulgated on Nov. 4, 2008.

“Rule 9 (of RA 9502) states that the owner of a patent has no right to prevent third parties from performing (selling and distributing of drugs), without his authorization, the acts referred to in section 71 of the International Patent Code,” the court said.

“Using patented product which has been put in the market in the Philippines by the owner of the product,” the limitation on patent rights shall apply after the medicine has been introduced in the Philippines or anywhere else in the world by the patent owner.

The court said: “It is laudable that with the passage of Republic Act 9502, the State has allowed sensible and compassionate approach with respect to the importation of pharmaceutical drugs urgently necessary for people’s constitutionally-recognized right to health.”

Sahar president and co-owner Muhammad Ateeque hailed the court decision, saying this would benefit millions of Filipinos as cheaper drugs would be accessible to them.

Sahar spokesman Mack Macalanggan said Sahar’s victory is also the triumph of local drug importers in the Philippines.

http://www.tribuneonline.org/metro/20110328met5.html

‘Landmark Case’ Filed vs Multinational Drug Firms

Wednesday, September 21, 2011

Sahar Pharma (SIT), a local-based licensed pharmaceutical drug distributor and importer, recently filed a P15-million civil suit for malicious prosecution against “three multinational pharmaceutical companies.

The complaint has been described as a “landmark case”, not only because the defendants are three of the largest pharmaceutical and consumer healthcare companies in the world, but also due to the Aquino government’s agenda to encourage completion and promote cheaper medicines. The law office of former Supreme Court Associate Justice Santiago M. Kapunan and lawyer-educator Atty. Adel A. Tamano serves as Sahar’s legal counsel in this suit.

The multinationals had filed a suit against SITI touching on the legality of parallel importation of drugs, but there complaints were dismissed by the Department of Justice, the Court of Appeals, and finally the Supreme Court.

Furthermore, the SC ruled against the three pharmaceutical companies and pointed out that they failed to prove that the law prohibits the parallel importation of medicines. In fact, the SC cited that the government is currently encouraging parallel importation to make medicine more affordable.

SITI spokesman Mack Macalanggan expressed hope that the ruling would be in their favor, as its benefits not only SITI, but the Philippine market. “Filipinos have a constitutionally recognized right to health, and the essence of the law and fair completion will defend that right.”

The passing of Republic Act 9502 or the Cheaper Medicines Law also supports SITI’s positive advocacy. “Our advocacy to introduce cheaper medicines for Filipinos will hopefully open the gate for fair completion in pharmaceutical products, particularly essential medicines,” Macalanggan further emphasized.

Local Importer files P-15 M Suit vs Multinational Pharmas.

Wednesday, September 21, 2011

Sahar Pharma (SIT), a local-based licensed pharmaceutical drug distributor and importer, has recently filed a P15-million civil suit for malicious prosecution against “three multinational pharmaceutical companies. Pfizer Philippines, Glaxo SmithKline Philippines, and Roche Philippines have all been named as defendant in this landmark case to further the government’s agenda in encouraging completion and promote cheaper medicines. The law office of former Supreme Court Associate Justice Santiago M. Kapunan and lawyer-educator Atty. Adel A. Tamano serves as Sahar’s legal counsel in this suit.

The multinationals had previously filed a suit against SITI touching on the legality of parallel importation of drugs, but these complaints were dismissed by the Department of Justice (DOJ), the Court of Appeals (CA), and finally the Supreme Court (SC).

Furthermore, the SC ruled against the three pharmaceutical companies and pointed out that they failed to prove that the law prohibits the parallel importation of medicines. In fact, the SC cited that the government is currently encouraging parallel importation to make medicine more affordable.

SITI spokesman Mack Macalanggan expressed hope that the ruling would be in their favor, as its benefits not only SITI, but the Philippine market. “Filipinos have a constitutionally recognized right to health, and the essence of the law and fair completion will defend that right.”

The passing of Republic Act 9502 or the Cheaper Medicines Law also supports SITI’s positive advocacy. “Our advocacy to introduce cheaper medicines for Filipinos will hopefully open the gate for fair completion in pharmaceutical products, particularly essential medicines,” Macalanggan further emphasized.