Tuesday, October 4, 2011

‘Landmark Case’ Filed vs Multinational Drug Firms

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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.

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