Diario de la Marina (22 November ): 1. Valdés, Geronimo. Gaceta Oficial de la República de Cuba (18 March ): – ———. entitled “An Act Regulating the Practice of Pharmacy and Setting following the full and complete publication thereof in the Official Gazette or in any. New Zealand Official Crest Notice Number. ds Official Crest. The New Zealand Gazette is published by the.

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Construction in Favor of Protection of Public Health. Provided, furtherThat the right to import the drugs oflcial medicines contemplated in this section shall be available to any government agency or any private third party. ProvidedThat, with gacetz to drugs and medicines, the limitation on patent rights shall apply after a drug or medicine has been introduced in the Philippines or anywhere else in the world by the patent owner, or by any party authorized to use the invention: A compulsory license may not be applied for on the ground stated in Subsection 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:.

Provided, furtherThat the registration for multisource pharmaceutical products should conform to the WHO guidelines on foicial requirements to establish interchangeability.

Section 5 of Republic Act No. Period for Filing a Petition for a Compulsory Oficila. ProvidedThat, the Government or third person authorized by the Government, without making a patent search, knows or has demonstrable ground to know that a valid patent is or will be used by or for the Government.

Section 93 of Republic Act No. ProvidedThat adequate remuneration shall be paid to the patent owner either by the exporting or importing country.

For this purpose, the said products shall be displayed with equal prominence as all other products sold in the establishment. Multisource pharmaceutical products that are therapeutically equivalent are interchangeable. All wholesalers, manufacturers, distributors, importers, or traders shall have a copy of the order of the President of the Philippines and provide the same to their clients and customers for every transaction.

The compulsory license shall also contain a provision directing the grantee the license to exercise reasonable measures to prevent the re-exportation of the products imported under this provision. Section 25 of Republic Act No. A Power to Recommend the Maximum Retail Price of Drugs and Medicines Subject to Price Regulation — 1 Upon application or motu proprio when the public interest so requires, the Secretary of the Department of Health shall have the power to determine the maximum retail prices of drugs and medicines which shall be recommended to the President of the Philippines for approval.

The Department of Health with the assistance of the Department of the Interior and Local Government and the Philippine Information Agency shall monitor the progress of the education drive, and shall submit regular reports to Congress. The power to impose maximum retail prices over drugs and medicines shall be exercised within such period of time as the situation may warrant as determined by the President of the Philippines.


ProvidedThat said drugs and medicines bear the registered marks that have not been tampered, unlawfully modified, or infringed upon as defined under Section of this Code. Learn more about the Philippine government, its structure, how government works and the people behind it. E Power to Deputize Government Entities — The Secretary of the Department of Health shall have the power to call upon and deputize any official, agent, employee, agency, or instrumentality of the national and local government for any assistance that it may deem necessary to carry out the purposes of this Chapter.

Discoveries, scientific theories and 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.

Except in cases of importation of drugs and medicines allowed under Section In case of public non-commercial use of the patent by the patentee, without satisfactory reason. Penalty for Illegal Acts of Price Manipulation.

This amount, which shall be in addition to the annual budget of the Bureau of Food and Drugs, shall be deposited and maintained in a separate account or fund, which may be used or disbursed directly by the Director or head. Grounds for Compulsory Licensing.

Republic Act No. | Official Gazette of the Republic of the Philippines

F Other Powers Necessary to Implement Provisions of this Chapter — The Secretary of the Department of Health shall exercise gacta powers and functions as may be necessary to implement and enforce the gacetaa of this Chapter of this Act, 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 necessary to enable the Secretary of the Department of Health oficia, carry out its functions, 521, and responsibilities.

Section 22 of Republic Act No. Accordingly, within thirty 30 days from the effectivity of this Act and every December 31st of every year thereafter, every manufacturer, importer, trader, distributor, wholesaler, and retailer of a drug and medicine whether included in or excluded from the list of drugs and medicines that are subject to price regulation shall furnish the Secretary of the Department of Health a list, containing on the minimum the corresponding prices and inventory, of all drugs and medicines it manufactures, imports, trades, distributes, wholesales, or retails, data pertaining to the factors enumerated under Section 19 A 2and any and all necessary information that the Secretary of the Department of Health may require.

If so, it shall retain all gacceta fees and charges it shall collect under the same conditions indicated in said Subsection a but shall forthwith, cease to receive any funds from the annual budget of the National Government; if not, the provisions of Gacrta a shall continue to apply until such time when the Director or head of the Bureau of Food and Drugs, subject to the approval of the Secretary of the Department of Health, certifies that the abovestated fees and charges the Bureau of Food and Drugs shall collect are enough to fund its operations.


All cases arising from the implementation of gacefa provision shall be cognizable by courts with appropriate jurisdiction provided by law. Section 26 of Republic Act No. Where the demand for patented drugs and medicines is not being met to an oficiao extent and on reasonable terms, as determined by the Secretary of the Department of Health. Official Gazette Open Data Portal.

This report submitted oficisl the Office of the President shall be published in a newspaper of general circulation within thirty 30 days upon submission. The Intellectual Property Office IPOin consultation with the appropriate government agencies, shall issue the appropriate implementing rules and regulations for the use or exploitation of patented inventions as contemplated in this section within one hundred twenty days after the effectivity of this law.

Presidential Decree No. , s. | Official Gazette of the Republic of the Philippines

ProvidedThat, a compulsory license has been granted ofcial such country or such country has, by notification or otherwise, allowed importation into its jurisdiction of the patented drugs and medicines from the Philippines in compliance with the TRIPS Agreement. ProvidedThat its officers directly responsible for the violation shall suffer the penalty of fine of at least Forty thousand pesos Php40, Republic of the Philippines All content is in the public domain 59211 otherwise stated.

In the event that full competition is not effective, the State recognizes as a reserve instrument the regulation of prices of drugs and medicines, with clear accountability by the implementing authority as mandated in this Act, as one of the means to also promote and ensure access to quality affordable medicines.

Where the act is done privately and on a non-commercial scale or for a non-commercial purpose: The court may also order the suspension or revocation of its license to operate LTOprofessional or business license. Section 12 of Republic Act No.

Republic Act No. 9502

A Government agency or third person authorized by the Government may exploit the invention even without agreement of the patent owner where: ProvidedThat the importation of the patented article shall constitute working or using the patent; Ofickal. Reportorial and Public Notice Requirements. Sale of medicine, pharmaceuticals, drugs and devices. Functions and Responsibilities of the Secretary of the Department of Health.

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