Joint Doh-Dti-Ipo-Bfad Administrative Order No. 2008-01
Joint Doh-Dti-Ipo-Bfad Administrative Order No. 2008-01
Joint Doh-Dti-Ipo-Bfad Administrative Order No. 2008-01
2008-01
WHEREAS, Republic Act No 9502 amends Republic Act No. 8293, or the
Intellectual Property Code of the Philippines, Republic Act No. 6675, or the
Generics Act of 1998, and Republic Act No. 5921, or the Pharmacy Law;
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CHAPTER I
GENERAL PROVISIONS
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Rule 5. Jurisdiction. The Intellectual Property Office (IPO) shall have
jurisdiction over all issues concerning the requirements for patentability of
drugs and medicines, infringement and/or violations of intellectual property
rights, use of invention by government, compulsory licensing and special
compulsory licensing. The Bureau of Food and Drugs (BFAD) shall have
jurisdiction over all issues concerning the safety, quality and efficacy of drugs
and medicines and procedures on parallel importation.
(a) “Act” refers to Republic Act No. 9502 otherwise known as the Universally
Accessible Cheaper Quality Medicines Act of 2008.
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permission of the patent holder, either by manufacture or through parallel
importation;
(h) “Drug outlets” refers to drugstores, pharmacies, and any other business
establishments duly licensed by the BFAD to sell drugs and medicines.
(AO No. 82,2000)
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(5) Herbal and/or traditional drugs which are articles of plant or animal
origin used in folk medicine that are:
(l) “Fair Price” Unless otherwise stated by the Secretary of Health, fair price
shall refer to the lowest price of an available quality, non-branded generic
drug. (n)
(m) “Generic Drugs” refer to drugs that have the same active
pharmaceutical ingredient as the innovator drugs and are not covered by
patent protection. These drugs are labeled by their international non-
proprietary or generic name and may or may not have brand names. (n)
(n) “Importer” refers to any establishment that imports raw materials, active
ingredients and finished products for its own use or for distribution to other
drug establishments or outlets. (4e)
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(o) “Immediate container or Primary packaging” refers to packaging
materials where the approved safe keeping units are placed. It also refers to
the first pack containing the individually wrapped products such as, but not
limited to, foil strips, blister packs, and sachets. (n)
(r) “IP Code” means Republic Act No. 8293 otherwise known as the
Intellectual Property Code of the Philippines as amended by Republic Act
9502 or otherwise known as “Universally Accessible Cheaper and Quality
Medicines Act of 2008.” (n)
(s) “IPO” refers to the Intellectual Property Office of the Philippines (n).
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(v) “Multisource pharmaceutical products” refers to pharmaceutically
equivalent or pharmaceutically alternative products that may or may not be
therapeutically equivalent. Multisource pharmaceutical products that are
therapeutically equivalent are interchangeable. (4h)
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(bb) “Retailer” refers to any establishment licensed by the BFAD to carry on
the retail business of sale of drugs and medicines to consumers. (4i)
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CHAPTER II
INTELLECTUAL PROPERTY
Rule 8. Patents.
Section 1. Non-Patentable Inventions. The following shall be
excluded from patent protection:
(a) Discoveries; scientific theories; mathematical methods; and in the
case of drugs and medicines: the mere discovery of a new form or
new property of a known substance which does not result in the
enhancement of the known efficacy of that substance, or the mere
discovery of any new property or new use for a known substance or
the mere use of a known process unless such known process
results in a new product that employs at least one new reactant;
(b) Schemes, rules and methods of performing mental acts, playing
games or doing business, and programs for computers;
(c) Methods for treatment of the human or animal body by surgery or
therapy and diagnostic methods practiced on the human or animal
body. This provision shall not apply to products and compositions
for use in any of these methods;
(d) Plant varieties or animal breeds or essentially biological process for
the production of plants or animals. This provision shall not apply to
microorganisms and non-biological and microbiological processes;
(e) Aesthetic creations; and
(f) Anything which is contrary to public order or morality.
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enhancement of the known efficacy of that substance; or (b) the mere
discovery of any property or new use for a known substance; or (c) the mere
use of a known process unless such known process results in a new product
that employs at least one new reactant. (26)
The criteria for determining inventive step with respect to efficacy shall be
embodied in the Manual for Substantive Examination Procedure (MSEP) of
the IPO. (n)
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The drugs and medicines are deemed introduced when they have been
sold or offered for sale anywhere else in the world. (n)
(iv.a). Use of Data by BFAD. The BFAD shall not be precluded from
using all data, including, but not limited to, pre-clinical and clinical trials, of an
applicant when evaluating other applications. (n)
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or other data, the origination of which involves a considerable effort, shall be
protected against unfair commercial use. In addition, such data shall be
protected against disclosure, except where necessary to protect the public or
unless steps are taken to ensure that the data are protected against unfair
commercial use. (39.3)
(vi). Ship, Vessel, Aircraft or Land Vehicle Use. Where the invention
is used in any ship, vessel, aircraft or land vehicle of any other country
entering the territory of the Philippines temporarily or accidentally; Provided,
that such invention is used exclusively for the needs of the ship, vessel,
aircraft, or land vehicle and not used for the manufacturing of anything to be
sold within the Philippines. (72.6)
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(d) In the case of drugs or medicines, there is public non-
commercial use of the patent by the patentee, without
satisfactory reason; or
(e) In the case of drugs and medicines, the demand for the
patented article in the Philippines is not being met to an
adequate extent and on reasonable terms, as determined by the
Secretary of the Department of Health. (74)
No courts, except the Supreme Court of the Philippines, shall issue any
temporary restraining order or preliminary injunction or such other provisional
remedies that will prevent its immediate execution. (74.3)
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Section 4. Conditions for Use by the Government, or Third Person
Authorized by the Government. Unless otherwise provided herein, the use
by the Government or third person authorized by the Government shall be
subject, where applicable, to the following provisions:
(c) If the demand for the patented article in the Philippines is not being
met to an adequate extent and on reasonable terms as provided
under Section 74.1(e) of the IP Code, the right holder shall be
informed promptly;
(d) The scope and duration of such use shall be limited to the purpose
for which it was authorized;
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Where applicable and to the extent that the same has not been
repealed by the IP Code, the other conditions for the issuance of a
Compulsory License may also apply to use of Government or third person
authorized by the Government. (n)
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Section 5. Disposition or Destruction of Infringing Goods. The
court may, in its discretion, order that the infringing goods, materials and
implements predominantly used in the infringement be disposed of outside the
channels of commerce or destroyed, without compensation. (76.5)
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any of the grounds stated in Sections 5(b), 5(c), 5(d), 5(f) and 6 of this Rule
may be applied for at any time after the grant of the patent. (94.1)
(f) Where the demand for patented drugs and medicines is not being
met to an adequate extent and on reasonable terms, as determined by
the Secretary of the Department of Health. (93)
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application or benefiting from an earlier priority, a compulsory license may be
granted to the owner of the second patent to the extent necessary for the
working of his invention, subject to the following conditions:
(c) The use authorized in respect of the first patent shall be non-
assignable except with the assignment of the second patent; and
(d) The terms and conditions of Sections 95, 96 and 98 to 100 of the IP
Code. (97)
(a) The scope and duration of such use shall be limited to the purpose
for which it was authorized; (100.1)
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(d) In case of patents involving semi-conductor technology, the license
may only be granted in case of public non-commercial use or to
remedy a practice determined after judicial or administrative process to
be anti-competitive; (96)
(e) The license shall be non-assignable, except with that part of the
enterprise or business with which the invention is being exploited;
(100.3)
(g) The license may be terminated upon proper showing that the
circumstances which led to its grant have ceased to exist and are
unlikely to recur: Provided, that adequate protection shall be afforded
to the legitimate interests of the licensee; (100.5)
The requirement above shall not apply in any of the following cases:
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(b) In situations of national emergency or other circumstances of
extreme urgency;
(d) In cases where the demand for the patented drugs and
medicines in the Philippines is not being met to an adequate
extent and on reasonable terms, as determined by the
Secretary of the Department of Health. (95.2)
Section 11. Authority of DOH Secretary. Where the demand for the
patented drugs and medicines in the Philippines is not being met to an
adequate extent and on reasonable terms, as determined by the
Secretary of the Department of Health, the right holder shall be
informed promptly. (95.5)
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by payment of the required filing fee. It shall contain the name and
address of the petitioner as well as those of the respondents, the
number and date of issue of the patent in connection with which
compulsory license is sought, the name of the patentee, the title of the
invention, the statutory grounds upon which compulsory license is
sought, the ultimate facts constituting the petitioner’s cause of action,
and the relief prayed for. The petition shall be accompanied by the
affidavits of witnesses and originals of the documents which shall
constitute as the evidence of the Petitioner which shall be marked
consecutively beginning with Exhibit “A”. (IPP Rules)
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witnesses and the documentary evidence submitted by the petitioner.
(IPP Rules)
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recommendation to the Director General on whether or not to give due
course to the petition for compulsory licensing.
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(ii) Notice to Answer. Within three (3) working days from
receipt of the petition, the BLA shall issue a Notice to Answer for the
Respondent to file an Answer together with the Affidavits of the
witnesses and originals of documents, and at the same time notify all
parties required to be notified in the IP Code and these Regulations,
provided that in case of public documents, certified true copies may be
submitted in lieu thereof. (n)
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authority to uphold, in whole or in part, or deny the recommendation on
the petition for compulsory license. (100, n)
No court, except the Supreme Court of the Philippines, shall issue any
temporary restraining order or preliminary injunction or such other provisional
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remedies that will prevent the grant of the special compulsory license. (93-
A.1)
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identical or similar to those in respect of which the trademark is registered
where such use would result in a likelihood of confusion. In case of the use of
an identical sign for identical goods or services, a likelihood of confusion shall
be presumed. (147.1)
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(ii) Innocent Infringer. Where an infringer who is engaged
solely in the business of printing the mark or other infringing materials
for others is an innocent infringer, the owner of the right infringed shall
be entitled as against such infringer only to an injunction against future
printing. (159.2)
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registered marks that have not been tampered, unlawfully modified, or
infringed upon as defined under Section 155 of the IP Code. (159.4)
CHAPTER III
PARALLEL IMPORTATION
Section 1. General Rule. It shall be unlawful for any retail drug outlet
to refuse to carry either by sale or by consignment, or offer for sale drugs and
medicines brought into the country, as allowed under Section 7 of the Act, by
the government or authorized third party which has been previously approved
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for distribution or sale by the BFAD. For this purpose, the said products shall
be displayed with equal prominence as all other products sold in the
establishment. (33)
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CHAPTER IV
POWERS OF THE SECRETARY OF HEALTH
Rule 18. Inclusion Drugs and Medicines in the List Subject to Price
Regulation. Upon application or motu propio when the public interest so
requires and after proper determination, the Secretary of Health may order the
inclusion of drugs and medicines to the list subject of price regulation under
Section 23 of the Act. (19B)
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(Php 50,000.00) nor more than Five million pesos (Php 5,000,000.00) for
violations of the MRP approved by the President of the Philippines. (19D)
Rule 25. Other Powers Necessary to Implement this Act. The Secretary of
Health shall exercise such powers and functions as may be necessary to
implement and enforce price regulation of drugs and medicines including the
power to require the production and submission of records, documents, books
of account, bills of lading, input documents, records of purchase and sale,
financial statements, and such other documents, information and papers as
may be deemed as necessary, to enable him to carry out his functions, duties,
and responsibilities. (19F)
CHAPTER V
PRICE MONITORING AND REGULATION SYSTEM AND THE CREATION
OF ADVISORY BODIES AND CONSULTATIVE COUNCILS
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Regulation. In implementing the price monitoring and regulation system, a
policy and operational office shall be established directly under the authority
of the Secretary of Health. This institutional office shall be adequately
provided with the requisite personnel complement, budgetary support, and
where necessary, sufficient capital outlay. (n)
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monitoring and regulation policy. Such bodies or consultative councils shall
coordinate their efforts together with other government agencies including but
not limited to DTI, BIR, BFAD, PITC, and PhilHealth. (18, n)
CHAPTER VI
MAXIMUM RETAIL PRICE (MRP)
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Section 4. Senior Citizens Discounts and Discounts for People
with Disabilities. For drugs and medicines with MRPs, Senior Citizen’s
discounts and discounts for people with disabilities shall continue to be
honored. (n)
(g) All other drugs and medicines which, from time to time,
the Secretary of Health, in accordance with the relevant
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provisions of these Implementing Rules and
Regulations, determines to be in need of price
regulation. (23)
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factors or conditions that may aid in arriving at a just and
reasonable determination of the MRP shall include:
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immediate container of the drug and medicine and the minimum pack thereof
offered for retail sale with the words “RETAIL PRICE NOT TO EXCEED”
preceding it, and “UNDER DRUG PRICE REGULATION” on a red strip. (26)
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Rule 33. Procedure and Decision Systems on Drugs and Medicine Price
Regulation Proceedings.
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CHAPTER VII
COST CONTAINMENT MEASURES
Rule 34. PhilHealth Actions. It is one of the objectives of the Act to reduce,
if not, eliminate out-of-pocket expenses on the part of the patients who should
be the primary beneficiaries of social health welfare. Henceforth,
notwithstanding provisions to the contrary, the Secretary of Health shall
require the Philippine Health Insurance Corporation (PHIC) to implement the
following measures in support of the fair prices of drugs and medicines to
ensure availability, affordability, and accessibility: (19C1)
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g. Rational reimbursement of health facilities and health
professional that principally provide health services to the
poor, and
h. Any other measures as may be determined by the Secretary
of Health that will benefit patients and rationalize and ensure
availability, affordability, and accessibility to quality drugs
and medicines. (n)
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that the government may avail of to effectively reduce the cost of drugs and
medicines that shall include, but not limited to, competitive bidding, price
volume negotiations, consignment and other appropriate mechanisms that
influence supply, demand and expenditures on drugs and medicines.
(19C2, n)
In particular, the following cost containment measures shall be adopted
and followed by the government agencies:
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visual display. (n)
CHAPTER VIII
ILLEGAL ACTS OF PRICE MANIPULATIONS
Rule 41. Coverage. This Rule only covers the drugs and medicines
enumerated under Section 23 of the Act, of whatever brand or generic name,
the sale of which to the general public has been previously approved by the
BFAD for which a Certificate of Product Registration was previously issued by
the BFAD. (n)
Section 2. Hoarding.
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(ii) Prima Facie Evidence of Hoarding. The following shall
constitute prima facie evidence of hoarding:
a. When a person has stocks of any drug or medicine fifty
percent (50%) higher than his usual inventory, and
b. Unreasonably limits, refuses or fails to sell the same to
the general public at the time of discovery of the stocks.
Section 3. Profiteering.
Section 4. Cartel.
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sale or disposition of any drug or medicine designed to artificially and
unreasonably increase or manipulate its price.
CHAPTER IX
GENERICS LAW
Rule 43. Posting and Publication. The DOH shall publish annually in
acceptable means of public dissemination such as posting in its official
websites, or in at least two (2) newspapers of general circulation, the generic
names and the corresponding brand names under which they are marketed,
of all drugs and medicines available in the Philippines. (37, n)
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drugs and medicines. (38a, n)
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the same generic name, together with their corresponding
prices so that the buyer may adequately be informed to
exercise his option. (38d, n)
Rule 45. Additional Statement on the Generic Label. There shall appear
prominently on the label of a generic drug the following statement: “THIS
PRODUCT HAS THE SAME THERAPEUTIC EFFICACY AS ANY OTHER
GENERIC PRODUCT OF THE SAME NAME. SIGNED: BFAD” or, in the
alternative “THIS PRODUCT HAS THE SAME THERAPEUTIC EFFICACY AS
THE INNOVATOR PRODUCT OF THE SAME GENERIC NAME.” at the
option of BFAD.
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widely available to the general public an unbranded generic counterpart of
their branded product. (39)
Priority shall be given to essential drugs listed in the PNDF where the
unmet needs for these products have not been served. Such shall include, but
shall not be limited to, drugs for priority government programs, endemic
conditions and other drugs and medicines as may be determined by the DOH.
Regulatory and other incentives may be given for compliant manufacturers.
(n)
Rule 47. Education Drive. The DOH jointly with the Philippine Information
Agency and the Department of Interior and Local Government and in
coordination with Non-Governmental Organizations shall conduct a
continuous information and education campaign for the public. The
Commission on Higher Education and the Department of Education, in
coordination with DOH, shall conduct training for the medical and allied
medical professions on drugs with generic names as an alternative of equal
efficacy to the more expensive branded drugs. (40, n)
Rule 49. Curriculum Update. The DOH shall collaborate with the
Commission on Higher Education and the Professional Regulations
Commission, in order to update the curriculum on Pharmacy, Medical and
Allied Professions Education. (n)
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CHAPTER X
PHARMACY LAW
Rule 53. Single Drug Classification. In order to promote rational drug use,
any drugs and medicines in prepared multiple dosage strength shall only be
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under one classification as determined by BFAD. (n)
Rule 54. Licensing of Non-traditional Outlets. The BFAD shall issue the
appropriate implementing guidelines for the requirements in licensing non-
traditional outlets and similar establishments. To ensure public safety, the
requirements for License to Operate (LTO) for non traditional outlets shall
include BFAD training/seminar on OTC medicines on procurement, proper
storage and handling, safety and quality for outlet personnel as well as having
a supervising pharmacist. (n)
Rule 55. Botika ng Barangay. Botika ng Barangays (BnBs) are drug outlets
with special licenses to operate issued in compliance with the DOH and BFAD
guidelines that serve to improve access to essential drugs and the general
healthcare of the population, especially the poor. In support of this intent,
BnBs shall be allowed to carry a selected list of prescription, over-the-counter,
and other such drugs and medicines as deemed necessary to address the
pressing health needs of an area. The DOH shall issue in a separate
document the approved list of drugs and medicines that may be carried by
BnBs. The list should be reviewed regularly and amended as necessary.
BnBs shall be manned by DOH-BFAD trained operators and shall have a
supervising pharmacist. (n)
CHAPTER XI
POWER TO DEPUTIZE GOVERNMENT ENTITIES
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drug prices for monitoring. (n)
Rule 58. Authorizing the PPI. The PPI or its equivalent agency is hereby
authorized to establish a common facility for pooled procurement in
compliance with RA 9184. (n)
Rule 60. Deputizing the LGUs. The Secretary of Health shall deputize the
local government units (LGUs) to monitor prices of drugs and medicines in
their area of jurisdiction and report all suspected violations as covered by the
Act. LGUs shall also be deputized to enforce provisions of non-discriminatory
clause pursuant to rules jointly put in place by the DOH and LGUs. (n)
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CHAPTER XII
REPORTING AND SURVEYS
Rule 62. Reports from Local Government Units (LGUs) and the
Department of Trade and Industry (DTI). All local government units and the
DTI shall help ensure the implementation of pricing policies provided under
the Act and these Implementing Rules and Regulations by submitting
quarterly price monitoring reports to the Secretary of Health of drugs and
medicines identified by the latter, and any and all necessary information that
the Secretary of Health may require. (27)
Rule 63. System and Standards. The system and standards for reporting
shall be issued by the DOH. (n)
Rule 66. Role of the Department of Health (DOH) and the Department of
Trade and Industry (DTI). The DOH and the DTI shall conduct independent
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periodic surveys and studies of the selling prices of all drugs and medicines
all over the country as well as their share or effect on the family income of the
different economic groups in the country for purposes of serving as data base
for government efforts to promote access to more affordable medicines, as
well as evaluating the effectivity of the measures undertaken. The DTI shall
always officially provide the Secretary of Health copies of these independent
reports. (28)
Rule 67. Monitoring Reports. The Secretary of Health shall submit a bi-
annual Monitoring Report of its performance on the implementation of the Act
to the Office of the President. This report shall be published in a newspaper of
general circulation within thirty (30) days upon submission. (30a)
Rule 68. Monitoring of Progress. The DOH with the assistance of the
Department of Interior and Local Government and the Philippine Information
Agency shall monitor the progress of the education drive, and shall submit
regular reports to Congress. (40)
Rule 69. Performance Report. The Secretary of Health shall also submit an
annual performance report regarding the implementation of the Act to both
Houses of Congress, within fifteen (15) days from the opening of the regular
session. He shall also regularly report to and immediately comply with any
order of the Congressional Oversight Committee. (30b)
CHAPTER XIII
BFAD STRENGTHENING
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based on the immediately prior year of operations, for use in its operations,
like upgrading of facilities, equipment outlay, human resource development
and expansion, and the acquisition of the appropriate office space, among
others, to improve the delivery the delivery of its services to the public. This
amount, which shall be in addition to the annual budget of BFAD, shall be
deposited and maintained in a separate account or fund, which may be used
or disbursed directly by the Director or Head. (31a)
Rule 71. Budgetary Support. After five (5) years from the coming into force
of the Act, the Director or Head of the BFAD shall, subject to the approval of
the Secretary of Health, determine if the fees and charges, mentioned in
Section 1 hereof, are sufficient to meet its budgetary requirements. If so, it
shall retain all the fees and charges it shall collect under the same conditions
indicated in said Section 1 but shall forthwith, cease to receive any funds from
the annual budget of the National Government; if not, the provisions of
Section 1 shall continue to apply until such time when the Director or Head of
the BFAD, subject to the approval of the Secretary of Health, certifies that the
above stated fees and charges the BFAD shall collect are enough to fund its
operations. (31b)
Rule 72. Review of Fees and Charges. In relation to the above rule, the fees
and charges shall be periodically reviewed by BFAD in consultation with
relevant stakeholders. (n)
Rule 73. Performance Report. The BFAD shall submit a yearly performance
report to the Quality Affordable Medicines Oversight Committee. The report
shall itemize the use of such retained funds in the past year up to the present
and the budgeted use of the same in the succeeding periods. (31c)
Rule 74. Quality Assurance of Drugs. The BFAD shall take the necessary
steps to ensure that all drugs authorized for marketing in the country shall
conform to international standards for the content, purity and quality of
pharmaceutical products as established in the International Pharmacopoeia:
Provided, That imported products in finished dosage forms, should be certified
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under the World Health Organization (WHO) certification scheme on the
quality of pharmaceutical products moving in international commerce:
Provided, further, That the registration for multi-source pharmaceutical
products should conform to the WHO guidelines on registration requirements
to establish interchangeability. (32)
CHAPTER XIV
SANCTIONS AND PENALTIES
Rule 75. General Penalties. The Secretary of Health shall have the authority
to impose administrative sanctions such as, but not limited to, suspension, or
revocation of license to operate; suspension or revocation of Certificate of
Product Registration, product recall; or recommend suspension or revocation
of license to practice profession to the Professional Regulation Commission
as the case may be for the violation of the Act and these Implementing Rules
and Regulations. (41C)
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d. 4th violation – Administrative fine of a minimum of Two
Hundred Thousand (P 200, 000.00) to Five Hundred
Thousand (P500, 000.00) Pesos, depending on the gravity
and extent of the violation, and in addition thereto, the recall
of the offending product, revocation of the CPR, suspension
of the License to Operate (LTO) and or License to Import
and Distribute, when applicable, for a period of one year;
Rule 78. Fees, Charges and Fines. All fees collected, charges imposed and
administrative fines that have accrued as a consequence of the
implementation of the Act and these Implementing Rules and Regulations
shall be for the account and income of the BFAD.
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Rule 79. Government Depositary Bank. All such fees and fines shall be
deposited in an Authorized Government Depositary Bank (AGDB).
All those found responsible after the investigation shall be jointly and
solidarily liable.
Rule 82. Penalty for Violations of the Maximum Retail Price. After due
notice and hearing, the Secretary of Health shall have the power to impose
administrative fines against any person, manufacturer, importer, trader,
distributor, wholesaler, retailer, or any other entity, in such amount as it may
deem reasonable, which in no case shall be less than Fifty thousand pesos
(Php50,000.00) nor more than Five million pesos (Php5,000,000.00) for
violations of the maximum retail price approved by the President of the
Philippines pursuant to the provisions of this Chapter. (19D)
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Rule 83. Penalty for Illegal Acts of Price Manipulation. Any person or
entity who commits any act of illegal price manipulation of any drug and
medicine subject to price regulation shall suffer the penalty of not less than
five (5) years but not more than fifteen (15) years of imprisonment, or shall be
imposed a fine of not less than One hundred thousand pesos
(Php100,000.00) but not more than Ten million pesos (Php10,000,000.00),
at the discretion of the court. The court may also order the suspension or
revocation of its license to operate (LTO), professional or business
license. Whenever any act of illegal price manipulation of any drug and
medicine subject to price regulation is committed by a juridical person, its
officials or employees, or in case of a foreign corporation or association, its
agent or representative in the Philippines who is responsible for the violation,
shall be held liable therefore. (25)
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1. For the first conviction, he shall suffer the penalty of
reprimand which shall be officially recorded in the
appropriate books of the Professional Regulation
Commission.
2. For the second conviction, the penalty of fine in the
amount of not less than Ten thousand pesos
(Php10,000.00) but not exceeding Twenty-five
thousand pesos (Php25,000.00), at the discretion of
the court.
3. For the third conviction, the penalty of fine in the
amount of not less than Twenty-five thousand pesos
(Php25,000.00) but not exceeding Fifty thousand
pesos (Php50,000.00) and suspension of his license
to practice his profession for sixty (60) days at the
discretion of the court.
4. For the fourth and subsequent convictions, the penalty
of fine of not less than One hundred thousand pesos
(Php100,000.00) and suspension of his license to
practice his profession for one (1) year or longer at the
discretion of the court. (41)
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fine and imprisonment at the discretion of the court: and,
Provided, further, That if the guilty party is an alien, he shall
be ipso facto deported after service of sentence without need
of further proceedings. (41 B)
CHAPTER XV
MISCELLANEOUS PROVISIONS
Section 4. Review of IRR. After two (2) years from the effectivity of
these Implementing Rules and Regulations and every 2 years thereafter, the
DOH, DTI, IPO and BFAD shall jointly review these Implementing Rules and
Regulations.
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Rule 87. Transitory Provisions
Rule 88. Separability Clause. Any portion or provision of the Act or of these
Rules that may be declared unconstitutional or invalid shall not have the effect
of nullifying other portions and provisions hereof as long as such remaining
portion or provision can still subsist and be given effect in their entirety. (47)
Rule 90. Effectivity Clause. This Implementing Rules and Regulation shall
take effect fifteen (15) days after its publication in at least two (2) national
papers of general circulation and upon filing at the UP Law Center as
accorded by Law. (n)
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ANNEX “A”
The TRIPS Protocol. Unless otherwise amended by the IP Code and these
IRR, the Protocol Amending the TRIPS Agreement (ref: WT/L/641) is
reproduced below:
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has established that it has insufficient or no
manufacturing capacities in the pharmaceutical sector for
the product(s) in question in one of the ways set out in
the Appendix to this Annex; and
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(c) The exporting Member shall notify the Council for TRIPS
Agreement of the grant of the license, including the conditions
attached to it. The information provided shall include the name
and address of the licensee, the product(s) for which the license
has been granted, the quantity(ies) for which it has been
granted, the country(ies) to which the product(s) is (are) to be
supplied and the duration of the license. The notification shall
also indicate the address of the website referred to in
subparagraph (b) (iii) above.
3. In order to ensure that the products imported under the system are
used for the public health purposes underlying their importation, eligible
importing Members shall take reasonable measures within their means,
proportionate to their administrative capacities and to the risk of trade
diversion to prevent re-exportation of the products that have actually
been imported into their territories under the system. In the event that
an eligible importing Member that is a developing country Member or a
least-developed country Member experiences difficulty in implementing
this provision, developed country Members shall provide, on request
and on mutually agreed terms and conditions, technical and financial
cooperation in order to facilitate its implementation.
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systems providing for the grant of regional patents to be applicable in
the Members described in paragraph 3 of Article 31bis should be
promoted. To this end, developed country Members undertake to
provide technical cooperation in accordance with Article 67 of this
Agreement, including in conjunction with other relevant
intergovernmental organizations.
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