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.
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