GACETA OFICIAL 5921 PDF

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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Presidential Decree No. 1926, s. 1984

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:. ProvidedGacwta, 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.

ProvidedThat, with regard 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 oficia authorized to use the invention: The filing of a petition for a writ of certiorari or other special remedies in the Supreme Court shall in no case supersede or stay any decision, order or ruling of the Secretary of the Department of Health, unless the Supreme Court shall so direct, and the petitioner may be required by the Supreme Court to give bond in such form and of such amount as may be deemed proper.

Functions and Responsibilities of the Secretary of the Department of Health. Provided, furtherThat the right to import the drugs and medicines contemplated in this section shall be available to any government agency or any private third party.

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

Using a patented product which has been put on the market in the Philippines by the owner of the product, or with his express consent, insofar as such use is performed after that product has been so put on the said market: Limitations to Actions for Infringement. 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.

ProvidedThat, a compulsory license has been granted by 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.

The brand name may be included if so desired. Refusal to Sell Drugs and Medicines. For the succeeding offense, the penalties shall not be less than Five hundred thousand pesos Php, Where the act consists of making or using exclusively for experimental use of the invention for scientific purposes or educational purposes and such other activities directly related to such scientific or educational experimental use.

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

Where the public interest, in particular, national security, nutrition, health or the development of other vital sectors of the national economy as determined by the appropriate agency of the Government, so requires; or. Provided, furtherThat the registration for multisource pharmaceutical products should conform to the WHO guidelines on registration requirements to establish interchangeability. Section 93 of Republic Act No. Section 74 of Republic Act No. Ificial otherwise provided herein, the use by the Government, or third person authorized by the Government shall be subject, where applicable, to the following provisions: The DTI shall always officially provide the Secretary of the Department of Health copies of these independent reports.

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A compulsory license which is applied for on any of the grounds stated in Subsections Official license will only be granted after ogicial petitioner has made efforts gaceya obtain authorization from the patent owner on reasonable commercial terms and conditions but such efforts have not been successful within a reasonable period of time. In situations of national emergency or other circumstances of extreme urgency, the right holder shall be notified as soon as reasonably practicable.

ProvidedThat adequate remuneration shall be paid to the patent owner either by the exporting or importing country. Such educational campaign shall include information on the illnesses or symptoms which each generically named drug is supposed to cure or alleviate, as well as in contraindications. National emergency or other circumstances of extreme ovicial.

F Other Powers Necessary to Implement Provisions of this Chapter — The Secretary of the Department of Health shall exercise such powers and functions as may be necessary to implement and enforce the provisions 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 to carry out its functions, duties, and responsibilities.

Learn more about the Philippine government, its structure, how government works and the people behind it. ProvidedThat such invention is used exclusively for the needs of the ship, vessel, aircraft, or land vehicle and not used for the manufacturing of anything to be sold within the Philippines.

Whenever any act of illegal price manipulation of any drug and medicine subject to price regulation is committed by a juridical person, its officials or employees, or in case of a foreign corporation or association, its agent or representative in the Philippines who are responsible for the violation, shall be held liable therefor. Section 26 of Republic Act No. Pursuant to ofiial attainment of this general policy, an effective competition policy in the supply and demand of quality affordable drugs and medicines is recognized by the State as a primary instrument.

Non-prescription or over-the-counter drugs may be sold in their original ofucial, bottles, containers or in small quantities, not in their original containers to the consuming public through supermarkets, convenience stores and other retail establishments.

ProvidedThat, said drugs and medicines bear the registered marks that have not been tampered, unlawfully modified, or infringed upon, under Section of this Code. 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. The court may also order the suspension or revocation of its ofiicial to operate LTOprofessional or ggaceta license.

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Section 22 of Republic Act No. In case of the use of an identical sign for identical goods or services, a likelihood of confusion shall be presumed.

The requirement under Subsection Who Shall Use Generic Terminology. Grounds for Compulsory Licensing. Where the act is done privately and on a non-commercial scale or for a non-commercial purpose: The special compulsory license for the importation contemplated under this provision shall be an additional special alternative procedure to ensure access to quality affordable medicines and shall be primarily for domestic consumption: Section 25 of Republic Act No.

A Government agency or third person authorized by the Government may exploit the invention even without agreement of the patent owner where: All cases arising from the implementation of this provision shall be cognizable by courts with appropriate jurisdiction provided by law. Except in cases of importation of drugs and medicines allowed under Section 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 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. Oficia, the patented invention is not being worked in the Philippines on a commercial scale, although capable of being worked, without satisfactory reason: No court, except the Supreme Court of the Philippines, shall issue any temporary restraining order or preliminary injunction or preliminary mandatory injunction that will prevent the immediate execution of the exercise of this power of the President of the Philippines.

ProvidedThat, in order to protect the data submitted by the original patent holder from unfair commercial use provided in Article ProvidedThat it conforms to existing gzceta product labeling requirements, every manufacturer, importer, distributor, wholesaler, trader, or retailer of a drug and medicine intended for sale shall display the retail price which shall not exceed the maximum retail price approved by order of the President of the Philippines.

C Power to Implement Cost-Containment and Other Measures oficixl 1 The Secretary of the Department of Health shall have the power to implement the fair price of drugs and medicines for purposes of public health insurance and government procurement based on the order of the President of the Philippines imposing maximum retail prices; and 2 The Secretary of the Department of Health shall have the power to implement any other measures that the government may avail of to effectively reduce the cost of drugs and medicines that shall include, but not limited to, competitive bidding, price volume negotiations, and other appropriate mechanisms that influence supply, demand and expenditures on drugs and medicines.