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    Ensuring Access to Safe, Affordable

    and Quality Essential Medicines

    Edelina Padilla-Dela Paz, M.D.College of Medicine

    University of the Philippines Manila

    February 2, 2010

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    Health is a basic human right.

    Access to medicines is a basic part of

    primary health care.

    *International Covenant on Economic, Social and Cultural Rights

    **Declaration of Alma Ata

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    It is the responsibility of the state to ensure thatthe people have access to quality health care.

    1987 Philippine Constitution

    ARTICLE XIII

    Section 11. The State shall adopt an integratedand comprehensive approach to healthdevelopment which shall endeavor to make

    essential goods, health and other social servicesavailable to all the people at affordable cost.

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    1987 Philippine Constitution

    ARTICLE XIII

    Section 12. The State shall establish andmaintain an effective food and drug

    regulatory system and undertake appropriate

    health, manpower development, and

    research, responsive to the country's health

    needs and problems.

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    In the Philippines, access to

    medicines is an economicprivilege.

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    What the lowest-paid government worker will

    have to spend for a 4 week course of omeprazole

    for peptic ulcer disease

    70% of monthly income for the innovator

    brand

    14.5% for a generic product

    Health Action Information Network , Medicine Prices and Availability Survey in the Philippines, 2009

    Medicines are expensive and

    unaffordable, especially for the poor.

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    Comparison to International Reference

    PricesMedicine

    (Generic name)All formulations below

    are as cap/tab

    Type of Drug/

    Indication

    Number of times more

    expensive than international

    reference prices*

    Originator brand

    product

    Lowest priced

    generic product

    Diclofenac50 mg

    Pain reliever 105.32 23.46

    Metronidazole

    500 mgAntibiotic 74.37 22.39

    Omeprazole

    20 mgFor peptic ulcer

    disease71.43 14.65

    *In private pharmacies surveyed in the HAIN Medicine Prices and Availability Survey, 2009

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    % Availability*

    Private sectorOriginator brand products 48.1

    Private sector

    Generic products61.1

    Public sectorGeneric products

    31.0

    *availability of 30 selected essential medicines in HAIN Medicine Prices and Availability

    Survey, 2009; Botika ng Barangay outlets not included in public sector survey

    Medicines have low availability,

    especially in the public sector.

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    Top 10 Therapeutic Classes in the Philippines in

    Terms of Counting Units SoldTherapeutic Classes Indications % Share

    Infant Formulas Nutrition Supplement 22.63

    Electrolyte Solution Over 100 mL Fluid and Electrolyte Replacement 13.34

    Standard Solution Over 100 mL Fluid and Electrolyte Replacement 10.93

    Other General Nutrients Nutrition Supplement 5.23

    Vitamin C Including Mineral

    CombinationsVitamin Supplement 4.23

    Non-narcotic Analgesics Pain Relief 3.99

    Expectorants Cough 2.87

    Multivitamins Without Minerals Vitamin Supplement 2.73

    Multivitamins + Minerals Vitamin Supplement 2.59

    Tonics Vitamin Supplement 2.45

    Others -- 29.01

    Philippine Pharmaceutical Industry Fact Book, 2008

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    Questions of drug quality persist, in

    part due to the limitations of the

    Food and Drug Administration.

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    Why?

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    From manufacturing to distribution to retail,

    the drug industry in the Philippines is an

    oligopoly.

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    MercuryDrug Store (80%)

    *

    *owns 70% of InterphilFrom Health Policy Notes

    Department of Health, 2008 and

    Sabangan, AR, GMANews.tv Special Report, 2009

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    Sixteen of the top 20 drug companies in

    the Philippines are multinational firms with

    combined sales of P58.23 billion in 2007,nearly eight times more than the

    Philippines P7.39 billion GDP in 2008.

    AR Sabangan, GMANews.tv Special Report, 2009Philippine Pharmaceutical Industry Factbook, 2008

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    How the dominant drug companies

    increase the cost of medicines

    Pharmaceutical patent system

    Transfer pricing

    Advertising and drug promotions

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    Pharmaceutical Patent System

    Adopts WTO-TRIPS

    Patent essentially grants the patent

    holder a monopoly for 20 years Patent holders and supportive

    governments justify high prices as a

    way to recoup investments inresearch and development

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    Pharmaceutical Patent System

    Industry estimates for R&D on each

    new drug range from $350-500

    million, while independent estimatesrange from $30-160 million

    Revenues from a single patented

    drug can reach over $1 billion in a

    year

    Third World Network, 2001

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    Pharmaceutical Patent System

    Evergreening refers to ways used by

    patent holders to extend their

    monopoly by filing patentapplications on their product shortly

    before the expiration of the original

    patent

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    Pharmaceutical Patent System

    Evergreening applications are filed

    for different isomeric forms,

    derivatives, dosing route, biologicaltargets, etc. for the same molecule

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    Pharmaceutical Patent System

    The Cheaper Medicines Act contains

    provisions that intend to prevent

    evergreening, and is being tested incurrent patent lawsuits in the

    country (e.g. Unilab vs. Pfizer over

    atorvastatin)

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    Pharmaceutical Patent System

    In the 2001 Doha Round, WTO

    allowed flexibilities in TRIPS largely

    due to the clamor of countrymembers, particularly from Africa,

    who had become even more severely

    marginalized as a result of WTOpolicies

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    Pharmaceutical Patent System

    Country members can override existing

    patents in the interest of public health

    Since then, such moves have been metwith opposition and lawsuits from

    companies and their supportive

    governments (e.g. Sanofi Aventis vs.Thailand over clopidogrel)

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    Transfer Pricing

    Parent companies export raw materials

    to their subsidiaries

    A study in Pakistan on transfer pricingfound that parent companies export at

    rates as high as 300-700 times the price

    of the raw materials in the open market

    Third World Network, 2001

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    Average Manufacturer/Trader

    Cost Structure

    % of totalcost

    1. Cost of goods manufactured and sold 49.2%

    2. Operating and selling expenses 40.5%3. Corporate tax 3.3%

    4. Net profits 7.0%

    Drug Advertising and Promotions

    Philippine Pharmaceutical Industry Factbook, 2003

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    Average Manufacturer/Trader Cost

    Structure% of Total

    Cost

    2. Operating and selling expenses 40.5

    2.1 General management costs 6.4

    2.2 Selling costs (including meetings, seminars,

    conferences)

    17.25

    2.3 Advertising and promotion (including

    sponsorships and special conferences)

    11.53

    2.4 Research and development (clinical trials etc.) 0.612.5 Royalties 0.7

    2.6 Interest and bank changes 1

    2.7 Other operating and selling expenses 3.01

    Philippine Pharmaceutical Industry Factbook, 2003

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    Drug Promotion and Advertising

    Big, aggressive campaigns virtually

    ensure market dominance and brand

    premium

    In a four week monitoring period, of the

    10 most frequently aired drug-related TV

    ads, 8 were from a single company(Unilab)

    Health Action Information Network, 2009

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    Drug promotion and advertising to

    the public and to healthprofessionals contribute to

    widespread irrational drug use.

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    Top 10 Therapeutic Classes in the Philippines in

    Terms of Counting Units SoldTherapeutic Classes Indications % Share

    Infant Formulas Nutrition Supplement 22.63

    Electrolyte Solution Over 100 mL Fluid and Electrolyte Replacement 13.34

    Standard Solution Over 100 mL Fluid and Electrolyte Replacement 10.93

    Other General Nutrients Nutrition Supplement 5.23

    Vitamin C Including Mineral

    CombinationsVitamin Supplement 4.23

    Non-narcotic Analgesics Pain Relief 3.99

    Expectorants Cough 2.87

    Multivitamins Without Minerals Vitamin Supplement 2.73

    Multivitamins + Minerals Vitamin Supplement 2.59

    Tonics Vitamin Supplement 2.45

    Others -- 29.01

    Philippine Pharmaceutical Industry Fact Book, 2008

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    Top 10 Prescription Drugs based on Value

    Rank Prescription Brand Company Indication

    1 Norvasc Pfizer Hypertension

    2 Ventolin GSK Asthma

    3 Plavix Sanofi-Aventis Thrombosis

    4 Augmentin GSK Infection5 Neobloc GX International Hypertension

    6 Lipitor Pfizer Hyper-

    Cholesterolemia

    7 Tazocin Infection Infection8 Zegen United American-Unilab Infection

    9 Plendil ER AstraZeneca Hypertension

    10 Seretide GSK Asthma

    Philippine Pharmaceutical Industry Fact Book, 2008

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    Not reflective of first-line

    treatments in accordance with

    scientific guidelines

    Top 10 Prescription Drugs based on Value

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    Stunted Local Industry

    Almost wholly dependent on imports

    95% of raw materials are imported

    No manufacturer of activepharmaceutical ingredients in the

    country

    Research and development ofinnovations very limited

    Philippine Pharmaceutical Industry Fact Book, 2008

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    Food and Drug Administration

    In 2006:

    Ratio of Food and Drug Regulation

    Officers to number of establishments1: 202

    Ratio of evaluators to registered

    products 1:1,513

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    Government Programs and

    Policies through the Years

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    Philippine National Drug Policy,

    1987 (revised in 1992)

    P people empowerment

    Q quality assurance

    R rational drug use

    S self-reliance

    T targeted procurement

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    Philippine National Drug Policy, 1987

    Generics Act of 1988 as one of theinitial manifestations

    Implementation delayed for twoyears

    Initial vigilance in monitoring the

    implementation waned with changesin DOH administration

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    Local Government Code 1991

    Devolution of health care delivery at

    the primary level to local

    government units Created new problem of provision of

    drugs by LGUs

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    Botika ng Barangay

    European Commission study onfunctionality, monitoring and cost of the

    BnB program:

    Low turnover and lack of up to date

    prescription registers indicate not only that

    economic viability is often still low but that

    there is also little control and informationon dispensing behavior.

    EC-HSPSP, 2009

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    P100 Program

    Provision of full course or one month

    treatment course for 100 pesos or less

    Issues of sustainability

    3rd

    Medicines Transparency Alliance Forum, 2010

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    Maximum Drug Retail Price

    Since August 2009, maximum prices of 5

    medicines were mandated to be pegged

    at 50% the price of the originator brand

    Prices of 16 other medicines were

    voluntary reduced by companies (as the

    Government Mediated Access Price orGMAP)

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    Maximum Drug Retail Price

    Does not make medicines more affordablefor the poor

    Determining a fair price based on actual

    cost is very difficult due to the opaque drugindustry

    Experiences with price control in othercountries, notably in the EU, illustrates that it

    is most effective in the context of universalhealth insurance coverage or universalhealth care systems*

    *Medicines Transparency Alliance Forum, 2010

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    Challenges on the way forward

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    Challenges

    Government must play a dominant role

    in ensuring access to safe, affordable,

    and quality medicines for all Filipinos,

    especially the poor

    h ll

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    Challenge: Providing medicines,

    especially to the poor, for free

    Remove VAT on medicines

    Centralized procurement at theprovincial government level to providefor medicines up to the barangay level

    Government health facilities and localgovernment units must increase budget

    allocations to provide medicines at theprimary level and in hospitals

    h ll d d

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    Challenge: Providing medicines

    especially to the poor for free

    Philhealth coverage of medicines must

    be increased and include outpatient

    drugs

    Universal coverage under Philhealth can

    eventually support a more sophisticated

    price control system

    h ll d lf li i

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    Challenge: Towards self-reliance in

    drug production

    Government must support local drug

    manufacturers through tax exemptions,

    technical assistance, loans, discounts or

    exemptions from regulatory fees

    Develop local capacity to produce raw

    materials, eventually including activepharmaceutical ingredients

    Ch ll T d lf li i

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    Challenge: Towards self-reliance in

    drug production

    Production of certain drug types can

    eventually be restricted to local

    manufacturers only

    Challenge: Promoting accurate

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    Challenge: Promoting accurate,

    objective drug information to the

    public and to health professionals Develop a wide-reaching information

    system at the level of the

    consumers/general public and at the

    level of health professionals

    Challenge: Promoting accurate

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    Challenge: Promoting accurate,

    objective drug information to the

    public and to health professionals Ban drug and food supplement

    advertising to the public

    Ban promotional materials and drug

    samples

    Restrict drug sponsorship of seminars,conventions and ban drug company-

    sponsored recreational activities

    Challenge: A strong regulatory body

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    Challenge: A strong regulatory body

    than can ensure the quality of all

    medicines in the country Strengthen and scale up the FDA by

    increasing its budget, human resources,

    equipment, and technical capacity

    Streamline number of registered drugsand develop more stringent regulations

    for the registration of new ones inconsideration of available number ofproducts for a drug

    Challenge S pport research and

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    Challenge: Support research and

    development of herbal medicine as a

    mainstream treatment Increase research on curative potential of

    herbal medicines

    Strongly promote the use of scientifically

    validated herbal medicine

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    These changes in the pharmaceutical

    systems must be accompanied by

    complementary changes in the health

    care system and the education system of

    health professionals.

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    The need of Filipinos for efficacious and

    affordable medicines can only be met

    when a strong national health care

    system is in place and under a

    government whose policies are in the

    best interest of its people.

    Council for Health and Development, 2008

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    Access to medicines is a right.

    At the same time, a primary perspective ofgovernment should be the promotion of

    good health and prevention of illness,through the attainment of optimaleconomic and social conditions, such

    that the people will need only theminimum amount of medicines.