Why the special session is important

On Monday and Tuesday, both Houses of Congress will convene as a last-ditch effort to pass several important measures.

Among these measures is a bill that would cut the cost of quality medicines by simply making it possible for government, the private sector, and LGUs to import drugs from Pakistan and India.

SB 2263 authored by Senators Mar Roxas and Pia Cayetano have passed third reading in the Senate. HB 6035 authored by Congressman Junie Cua was not able to hurdle the lack of quorum in the previous sessions before Congress adjourned. There were also talks about a well-funded lobby against the bill by foreign multinational drug companies.

I think that this bill is more important than all of the pending measures combined, including the Anti-Terror bill which may cause more harm in the long run for our people.

The bill seeks to amend the Intellectual Property Code of the Philippines to promote greater competition in the local drug market.

To give you a clearer understanding of what this measure is all about, here is an excerpt from the sponsorship speech of Senator Roxas:

“Norvasc, priced at P44.75 in the Philippines, sells for the equivalent of P5.00 in India.”

“Bactrim 400, priced at P17.75 per tablet in the Philippines, sells for the equivalent of P1 in Pakistan, and P0.69 in India.”

“Ventolin, priced at P406 in the Philippines, sells for the equivalent of P231 in Thailand.”

“Mr. President, what is so special about Thailand, India, Pakistan and other countries across and beyond our region, that these affordable medicines are available to their citizens while we Filipinos have to pay many more times for the same medicines?”

“When someone you love dies, it’s not political or economic, it’s personal. But for the poorest of the poor — those who could have saved their loved one if they only had the money to do so — it goes beyond what is personal. It goes straight to the question of social justice.”

“Iisa lang ang manufacturer at contract manufacturer dito. Halos iisa lang ang major wholesale distributor, ang Zuellig Pharma. Pagkatapos, halos iisa rin lang ang malaking retailer dito, ang Mercury Drug. Kaya sa kakulangan ng kompetisyon, mananatiling mataas ang presyo ng gamot sa Pilipinas.”

How will the pending bills, once approved, lead to more affordable medicines? It works in three practical ways:

1. Through the generic companies, by giving them more time to develop and get ready their own generic versions of patented medicines. This is known as “early working” principle or the “Bolar provision” that is now in effect in many countries, including the US.
2. Through the private sector, by allowing parallel importation, that is, the bringing into the country of the same medicine from other countries where it is more affordable. This is also referred to as the principle of “international exhaustion”.
3. Government use, such that where appropriate, the government can compulsorily license others to manufacture medicines as an immediate response to public health demands, or do it by itself directly.

Apaart from the above, the bill also seeks to disallow the issuance of another patent for new uses of an existing substance that has already been patented. This is also called the “new use” provision, which, if adopted, will give generic manufacturers more room to copy off patent products immediately after expiration without fear of a suit based on a new patent for new uses, even if the new uses are frivolous.

For this blogger, it makes sense to have a special session right smack in the middle of an electoral campaign if only for such a bill to be approved.

Sometimes, however, the so-called representatives of the people would rather listen to the holders of checks, not the source of electoral votes.

I pray for a miracle on Monday. For the sake of our senior citizens, sick children and ailing loved ones, I pray and hope that this time the people’s interests shall prevail over the megabucks of a few multinational drug firms.