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PHILIPPINES REPUBLIC ACT NO. 6675


 

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                                Republic of the Philippines
                                CONGRESS OF THE PHILIPPINES
                                        Metro Manila
                                Second Regular Session


Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, nineteen hundred and eighty-eight.

REPUBLIC ACT NO. 6675

AN ACT TO PROMOTE, REQUIRE AND ENSURE THE PRODUCTION OF AN ADEQUATE SUPPLY, DISTRIBUTION, USE AND ACCEPTANCE OF DRUGS AND MEDICINES IDENTIFIED BY THEIR GENERIC NAMES.

Be it enacted by the Senate and House Representatives of the Philippines in Congress assembled:

SECTION 1. Title – This Act shall be known as the Generics Act of 1988.

SECTION 2. Statement of Policy – It is hereby declared the policy of the State:

To promote, encourage and require the use of generic terminology in the importation, manufacture, distribution, marketing, advertising and promotion, prescription and dispensing of drugs;

To ensure the adequate supply of drugs with generic names at the lowest possible cost and endeavor to make them available for free to indigent patients;

To encourage the extensive use of drugs with generic names through a rational system of procurement and distribution;

To emphasize the scientific basis for the use of drugs, in order that health professionals may become more aware and cognizant of their therapeutic effectiveness; and

To promote drug safety by minimizing duplication in medications and/or use of drugs with potentially adverse drug interactions.

SECTION 3. Definition of Terms – The following terms are herein defined for purposes of this Act:

(1) "Generic Name or Generic Terminology" is the identification of drugs and medicines by their scientifically and internationally recognize active ingredients or by their official generic name as
determined by the Bureau of Food and Drugs of the Department of Health.

(2) "Active Ingredient" is the chemical component responsible for the claimed therapeutic effect of the pharmaceutical product.

(3) "Chemical Name" is the description of the chemical structure of the drug or medicine and serves as the complete identification of a compound.

(4) "Drug Product" is the finished product form that contains the active ingredients, generally but not necessarily in association with inactive ingredients.

(5) "Drug Establishment" is any organization or company involved in the manufacture, importation, repacking and/or distribution of drugs or medicines.

(6) "Drug Outlets" means drugstores, pharmacies, and any other business establishments which sell drugs or medicines.

(7) "Essential Drugs List" or "National Drug Formulary" is a list of drugs prepared and periodically updated by the Department of Health on the basis of health conditions obtaining in the
Philippines as well as on internationally accepted criteria. It shall consist of a core list and a complementary list.

(8) "Core List" is a list of drugs that meets the health care needs of the majority of the population.

(9) "Complementary List" is a list of alternative drugs used when there is no response to the core essential drug or when there is hypersensitivity reaction to the core essential drug or when for one
reason or another, the core essential drug cannot be given

(10) "Brand Name" is the proprietary name given by the manufacturer to distinguish its product from those of competitors.

(11) "Generic Drugs" are drugs not covered by patent protection and which are labeled solely by their international non-proprietary or generic name.

SECTION 4. The Use of Generic Terminology for Essential Drugs and Promotional Incentives. –

(a) In the promotion of the generic names for pharmaceutical products, special consideration shall be given to drugs and medicines which are included in the Essential Drugs List to be prepared within one hundred eighty (180) days from approval of this Act and updated quarterly by the Department of Health on the basis of health conditions obtaining in the Philippines as well as on internationally accepted criteria.

(b)
The exclusive use of generic terminology in the manufacture, marketing and sales of drugs and medicines, particularly those in the Essential Drugs List, shall be promoted through such a system
of incentives as the Board of Investments jointly with the Department of Health and other government agencies as may be authorized by law, shall promulgate in accordance with existing
laws, within one hundred eighty (180) days after approval of this Act.

SECTION 5
. Posting and Publication – The Department of Health shall publish annually in at least two (2) newspapers of general circulation in the Philippines the generic names, and the
corresponding brand names under which they are marketed, of all drugs and medicines available
in the Philippines.

SECTION 6. Who Shall Use Generic Terminology - (a) All government health agencies and their personnel as well as other government agencies shall use generic terminology or generic names in all transactions related to purchasing, prescribing, dispensing and administering of drugs and medicines.

(b) All medical, dental and veterinary practitioners, including private practitioners, shall write prescriptions using the generic name. The brand name may be included if so desired.

(c) Any organization or company involved in the manufacture, importation, repacking, marketing and/or distribution of drugs and medicines shall indicate prominently the generic name of the
product. In the case of brand name products, the generic name shall appear prominently and immediately above the brand name in all product labels as well as in advertising and other promotional materials.

(d) Drug outlets, including drugstores, hospital and non-hospital pharmacies and non-traditional outlets such as supermarkets and stores, shall inform any buyer about any and all other drug products having the same generic name, together with their corresponding prices so that the buyer may adequately exercise, his option.
Within one (1) year after approval of this Act, the drug outlets referred to herein, shall post in conspicuous places in their establishments, a list of drug products with the same generic name and their corresponding prices.


 

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