Let me get this straight before I even get to the details. I am not lobbying for any pharmaceutical company, multinational or otherwise. I am just airing one side of a controversy which I hope will be decided fairly by our Philippine courts. There are always two sides to an issue, and as a journalist, I would like to be able to air both sides. However, since I have not been favored with receiving the other side of this controversy, maybe we can start with one side first.
First a brief background: you may have heard of the legal tussle between Pfizer on the one hand and United Laboratories on the other regarding atorvastatin calcium which Pfizer markets as Lipitor, the vastly popular medicine to control high blood pressure. United laboratories, for its part, markets its generic atorvastatin calcium as Avamax.
Pfizer has filed a patent infringement case against United Laboratories (Unilab), a Philippine drug company, with the Regional Trial Court of Makati City because it claims that their company has the patent on atorvastatin calcium as granted by the Philippine Intellectual Property Office (IPO). Said patent is in force until 2012 when it is set to expire. Patents are country-specific, so the company has to seek the grant of a patent in every country where it intends to sell the specific product. As such, the specific patent laws, which may vary from country to country, will be governed by the laws and regulations of the country.
As gleaned from the fact sheet that Pfizer submitted, Unilab filed a case before the Intellectual Property Office in July 2009 to invalidate Pfizer’s patents that cover Lipitor. In September of that same year, Unilab launced its Avamax, which soon became available in local drugstores. A month later, in October 2009, Pfizer filed a patent infringement case against Unilab.
To date, according to Pfizer, no decision has been rendered by the IPO in the invalidation suit, which means that for all intents and purposes, the patents for Lipitor in the Philippines are still valid and in force until it expires in 2012.
The Makati Regional Trial Court where the case of Pfizer’s patent infringement case against Unilab is being heard has denied Pfizer’s application for a preliminary injunction. According to Pfizer, they are surprised at this development as they have presented numerous expert witnesses and evidence to prove their ownership of the Lipitor patent, whereas Unilab had only presented one witness for this case. Their expert witnesses and evidence have likewise shown the validity and strength of their patent for Lipitor.
The court order, though, is not yet final and Pfizer is set to file a motion for reconsideration and is seeking a deeper review of the evidence presented to the courts. In view of the fact that the IPO has not issued a decision on its request to invalidate Pfizer’s patents that cover atorvastatin calcium or Lipitor, Pfizer maintains that their patent remains valid and enforceable. Because the decision of the Makati RTC is also subject to reconsideration, Pfizer maintains that it has not lost its infringement case against Unilab.
Pfizer’s counsel, Ramon S. Esguerra, also claims that the RTC’s order was made public without a copy being served to his office, which is highly unusual. He also claims that, “The order was issued before any resolution on its application for injunctive relief in an earlier case for infringement over the same patent filed against another pharmaceutical company.”
Unilab justifies its distribution of Avamax through the Cheaper Medicines Law. Though the public should be the ultimate winner here because it is given access to cheaper and quality medicines, Pfizer maintains that this should not be done at the expense of companies which have spent valuable resources, time and research in developing the drugs. Their intellectual property rights cannot be violated and justified under the guise of providing cheaper medicines and should be respected until such time that it expires in 2012.
In the meantime, all the drugstores that sell Avamax are caught in the legal tussle.
In the interest of fair play, we’d love to hear from Unilab.
Parañaque City soars
Now for some good news from the City of Parañaque.
Because of some sound and rational measures adopted by the city government, Parañaque was able to increase its tax collection and posted a healthy revenue for 2009. In 2008, revenue posted was P1,924,336,199. The indefatigable mayor and his officers proudly report that they posted a 10 percent growth for 2009, bringing the revenue to P2,115,978,797.
Mayor Jun Bernabe credits the efforts of the City Treasury office headed by Jesusa Cuneta, the Assessor’s Office, Business Permits and Licensing Office, EDP and other revenue generating divisions for the optimum collection and for encouraging the residents of Parañaque to pay the correct taxes. Many residents availed of the tax amnesty program and last year. Parañaque made history by being ranked number one, besting other local government units in the National Capital Region, in exceeding targets for real property Taxes by 13.9 percent; business taxes by 6.3 percent; fees and charges by 15.9 percent, and income from economic enterprises by 4.9 percent.
During the 12th Cityhood Anniversary of the City of Parañaque, the local government under Mayor Jun recognized and honored the top corporate tax payers of the city as well as Parañaque’s outstanding citizens. The rites were held at the SM City Sucat Activity Center on Feb. 11.
Given honors were SM City Sucat, Kraft Foods Philippines, Meralco, Johnson & Johnson Phil. Inc., Toyota Bicutan, Schenker Philippines Inc., American Wire & Cable Co. Inc., Columbian Autocar Corp., Suy Sing Commercial Corp., and Asea Brown Boveri Inc.
Parañaque’s outstanding citizens who brought honors to the city either through exemplary achievement or traits, deed or service to the community were: Hon. Justice Secretary Agnes VST Devanadera; Ariana Mikaela Canaya (outstanding swimmer); former DTI USec Ernesto Ordonez; Parañaque Police Chief P/Sr. Supt. Alfredo Valdez; Honest Citizen Jose Romeo Galvez; P’que Fil-Chinese Fire Volunteer Ass’n Lady Fire Chief Katherine Joyce Ong; SK Federation President Marinelle Formentera; Boxer Eden “Magnifico” Sonsona; Honest City Government Employee Rebecca Reyes; Artist-Painter David Gaston Justimbaste; Bb. Pilipinas Universe 2009 Pamela Bianca Manalo; Bb. Pilipinas World 2002 Katherine Anne Manalo-Hernandez; Honest Citizens Neriel Masuecos and Kathryn Joy Hilbero.
Congratulations!
Mabuhay!!! Be proud to be a Filipino.
For comments: (e-mail) businessleisure-star@stv.com.ph