Court dismisses infringement case vs local drug firm

MANILA, Philippines - A Makati Regional Trial Court has dismissed the patent infringement case filed by a US-based pharmaceutical firm against a local drug company that sells and distributes medicine containing atrovasin ingredient.

In his March 11 decision, Judge Cesar Untalan cited Rule 9 of Republic Act 9502 (Cheaper Medicines Act of 2008), which states that the owner of a patent has no right to prevent third parties from selling and distributing drugs without his authorization.

“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,” the court said.

“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,” it added.

Earlier, the multinational firm sued Sahar International Trading Inc. for the selling and distribution of a drug, which contains the atrovasin ingredient. The said medicine is known to reduce the risks of heart attack and stroke, lowers bad cholesterol level, and prevents other diseases.

Sahar, president and co-owner Muhammad Ateeque, hailed the court decision, saying that this would benefit millions of Filipinos as cheaper drugs would be accessible to them.