Press Releases

Court Junks Infringement Raps vs Local Drug Firm - Warner Lamber/Pfizer vs. Sahar Int'l Trading Inc. March 28, 2011

The Makati Regional Trial Court (MRTC) has dismissed the patent infringement charges filed by a multinational drug company against a local drug distributor, opening the gate for lower prices of imported drugs and stronger implementation of Cheap Medicine Law in the country.

The case, filed by Pfizer against Sahar International Trading Inc., stemmed from the selling and distribution of a drug that reduces the risks of heart attack and stroke, lowers bad cholesterol level and prevents other diseases.

The drug, being sold at a cheaper price by Sahar, has pharmaceutical ingredient called atorvastatin claimed to be patented by Pfizer.

In a 14-page decision dated March 11, 2011 penned by Judge Cesar Untalan, the court explained that “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 or Cheaper Medicine Act promulgated on Nov. 4, 2008.

“Rule 9 (of RA 9502) states that the owner of a patent has no right to prevent third parties from performing (selling and distributing of drugs), without his authorization, the acts referred to in section 71 of the International Patent Code,” the court said.

“Using patented product which has been put in the market in the Philippines by the owner of the product,” 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.

The court said: “It is laudable that with the passage of Republic Act 9502, the State has allowed sensible and compassionate approach with respect to the importation of pharmaceutical drugs urgently necessary for people’s constitutionally-recognized right to health.”

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

Sahar spokesman Mack Macalanggan said Sahar’s victory is also the triumph of local drug importers in the Philippines.

Source: THE DAILY TRIBUNE NEWS PAPER

Charges Against Drug Firm Junked - Warner Lambert/Pfizer vs. Sahar Int'l Trading Inc. April 8, 2011:

THE Makati Regional Trial Court (MRTC) has dismissed patent infringement charges filed by a multinational drug company against a local drug distributor, opening the gate for lower prices of imported drugs and stronger implementation of Cheap Medicine Law in the country.

The case, filed by Pfizer against Sahar International Trading Inc., stemmed from the selling and distribution of a drug that reduces the risk of heart attack and stroke, lowers bad cholesterol level, and prevents other diseases.

The drug, being sold at a cheaper price by Sahar, has pharmaceutical ingredient called atorvastatin claimed to be patented by Pfizer.

In a 14-page decision dated March 11, 2011 penned by Judge Cesar Untalan, the courtexplained that “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 or the Cheaper Medicine Act promulgated on Nov. 4, 2008.

“Rule 9 (of RA 9502) states that the owner of a patent has no right to prevent third parties from performing (selling and distributing of drugs), without his authorization, the acts referred to in Section 71 of the International Patent Code,” the court said.

“Using patented product which has been put in the market in the Philippines by the owner of the product, 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.”

The court concluded: “It is laudable that with the passage of Republic Act 9502, the State has allowed sensible and compassionate approach with respect to the importation of pharmaceutical drugs urgently necessary for people’s constitutionally-recognized right to health.”

Source: PHILIPPINES JOURNAL ONLINE

Court Dismisses Infringement Case vs Local Drug Firm March 28, 2011:

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 Atrovastin 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.

Source: PHILIPPINES JOURNAL ONLINE

P15-M Civil Suit Filed vs Multinational Drug Firms: October 6, 2011

A local-based licensed pharmaceutical drug distributor and importer has filed a P15- million civil suit against three multinational pharmaceutical companies for “malicious prosecution.”

Named in the complaint of Sahar Pharma were Pfizer Philippines, GlaxoSmithKline Philippines and Roche Philippines.

The complaint was described as “a landmark case” as it would further the government’s agenda in encouraging competition and cheaper medicines.

The law office of former Supreme Court Associate Justice Santiago Kapunan and lawyer-educator Adel Tamano serves as Sahar Pharma’s legal counsel in the suit.

The multinationals had previously filed a case against Sahar on the legality of parallel importation of drugs, but was dismissed by the Department of Justice, the Court of Appeals and the Supreme Court (SC).

In its ruling, the SC stressed the multinational companies failed to prove that the law prohibits the parallel importation of medicines and cited the government’s effort to encourage parallel importation of essential drugs to make them affordable to the people, especially the poor.

Sahar spokesman Mack Macalanggan expressed hope the ruling would be in their favor as it would also “recognize the right to health of every Filipino, and the essence of the law and fair competition will defend that right.”

Macalanggan thanked then senator and now Transportation Secretary Mar Roxas III, the proponent of Republic Act 9502 or the Cheaper Medicines Law, as well as the whole legislature for approving the law.

“The law itself expresses deep concern on citizens’ right to health enshrined in the Constitution. The author, Mar Roxas, has done a landmark legacy that may linger in the memories of the Filipinos for the next century to come,” he said.

Source: THE DAILY TRIBUNE

Moth, 3 Behemoths Duel in Court: October 8, 2011

MANILA, Philippines - NO contest in pitting a puny moth against three behemoths of the pharmaceutical industry but the ensuing fight would be keenly watched: a Manila-based licensed pharmaceutical drug distributor and importer has filed a P15-million civil suit against three multinational pharmaceutical companies for “malicious prosecution.”

Three Goliaths against a lone David is a downright mismatch.

Named in the complaint of Sahar Pharma were Pfizer Philippines, GlaxoSmithKline Philippines, and Roche Philippines.

The complaint was described as “a landmark case” as it would further the government’s agenda in encouraging competition and cheaper medicines.

The law office of former Supreme Court Associate Justice Santiago Kapunan and lawyer-educator Adel Tamano serves as Sahar Pharma’s legal counsel in the suit.

The pharmaceutical giants had previously slapped a case against Sahar on the legality of parallel importation of drugs. The case didn’t prosper—thrown out by the Department of Justice, the Court of Appeals, and the Supreme Court.

In its ruling, the Supreme Court stressed that the multi-national companies failed to prove that the law prohibits the parallel importation of medicines and cited the government’s effort to encourage parallel importation of essential drugs to make affordable to the people, especially the poor.

The Sahar International Trading Incorporated (SITI) is one of the major distributors of cheaper medicines (generic) to some pharmacies and hospitals in the Philippines. It distributes medicines to Mercury Drug Stores, especially the Generika Pharmacy which caters affordable medicines to the poor people.

Meanwhile, Sahar spokesman Mack Macalanggan expressed hope that the ruling would be in their favor as it would also “recognize the right to health of every Filipino, and the essence of the law and fair competition will defend that right.”

Macalanggan thanked former senator and now Transportation Secretary Mar Roxas 3rd, the proponent of Republic Act 9502 or the Cheaper Medicine Law, as well as the whole legislature for approving the law.

Macalanggan said that the law itself expresses deep concern on citizen’s right to health enshrined in the 1987 Charter.

He added that R.A. 9502 author, Mar Roxas has left a landmark legacy that may linger in the memories of the Filipinos for the next century to come.

Source: MANILA TIMES NEWS PAPER

'Landmark case' filed vs multinational drug frims: September 21, 2011

Sahar Pharma (SIT), a local-based licensed pharmaceutical drug distributor and importer, recently filed a P15-million civil suit for malicious prosecution against “three multinational pharmaceutical companies.

The complaint has been described as a “landmark case”, not only because the defendants are three of the largest pharmaceutical and consumer healthcare companies in the world, but also due to the Aquino government’s agenda to encourage completion and promote cheaper medicines. The law office of former Supreme Court Associate Justice Santiago M. Kapunan and lawyer-educator Atty. Adel A. Tamano serves as Sahar’s legal counsel in this suit.

The multinationals had filed a suit against SITI touching on the legality of parallel importation of drugs, but there complaints were dismissed by the Department of Justice, the Court of Appeals, and finally the Supreme Court.

AFurthermore, the SC ruled against the three pharmaceutical companies and pointed out that they failed to prove that the law prohibits the parallel importation of medicines. In fact, the SC cited that the government is currently encouraging parallel importation to make medicine more affordable.

SITI spokesman Mack Macalanggan expressed hope that the ruling would be in their favor, as its benefits not only SITI, but the Philippine market. “Filipinos have a constitutionally recognized right to health, and the essence of the law and fair completion will defend that right.” The passing of Republic Act 9502 or the Cheaper Medicines Law also supports SITI’s positive advocacy. “Our advocacy to introduce cheaper medicines for Filipinos will hopefully open the gate for fair completion in pharmaceutical products, particularly essential medicines,” Macalanggan further emphasized.

Source: PEOPLES JOURNAL NEWS PAPER

‘Local Importer files P-15M suit vs multinational pharmas: September 21, 2011

Sahar Pharma (SIT), a local-based licensed pharmaceutical drug distributor and importer, recently filed a P15-million civil suit for malicious prosecution against “three multinational pharmaceutical companies.

The complaint has been described as a “landmark case”, not only because the defendants are three of the largest pharmaceutical and consumer healthcare companies in the world, but also due to the Aquino government’s agenda to encourage completion and promote cheaper medicines. The law office of former Supreme Court Associate Justice Santiago M. Kapunan and lawyer-educator Atty. Adel A. Tamano serves as Sahar’s legal counsel in this suit.

The multinationals had filed a suit against SITI touching on the legality of parallel importation of drugs, but there complaints were dismissed by the Department of Justice, the Court of Appeals, and finally the Supreme Court.

Furthermore, the SC ruled against the three pharmaceutical companies and pointed out that they failed to prove that the law prohibits the parallel importation of medicines. In fact, the SC cited that the government is currently encouraging parallel importation to make medicine more affordable.

SITI spokesman Mack Macalanggan expressed hope that the ruling would be in their favor, as its benefits not only SITI, but the Philippine market. “Filipinos have a constitutionally recognized right to health, and the essence of the law and fair completion will defend that right.”

The passing of Republic Act 9502 or the Cheaper Medicines Law also supports SITI’s positive advocacy. “Our advocacy to introduce cheaper medicines for Filipinos will hopefully open the gate for fair completion in pharmaceutical products, particularly essential medicines,” Macalanggan further emphasized.

Source: PEOPLES JOURNAL TONIGHT

3 Pharma Sued: September 27, 2011

MANILA, Philippines - SAHAR Pharma, a local-based licensed pharmaceutical drug distributor and importer, recently filed a P-15 million civil suit for “malicious prosecution” against three multinational companies.

The complaint has been described as a “landmark case” because the defendants are three of the largest pharmaceutical and consumer healthcare companies in the world and is a test to Aquino government’s agenda to encourage government’s agenda to encourage competition and promote cheaper medicines. The law office of former Supreme Court Asociate Justice Santiago Kapunan and lawyer-educator Adel Tamano serves as Sahar’s legal counsel in this suit.

The multinational earlier filed a suit against Sahar Pharma to question the legality of parallel importation of drugs. The complaint was dismissed by the Justice Department, the Court of Appeals and the Supreme Court.

The SC ruled that the three pharmaceutical companies failed to prove that the law prohibited the parallel importation of medicines. The SC added the government was actually encouraging parallel importation to make medicine more affordable.

Source: MANILA STANDARD TODAY

PFIZER PHILS. KINASUHAN NG MALICIOUS PROSECUTION: October 04, 2011

MANILA, Philippines - NAGSAMPA ng kasong Malicious Prosecution at danyos na P15 Million ang Sahar Pharma (SITI), isang local-based na Pharmaceutical drug distributor, laban sa multi-national na kumpanyang Pfizer Philippines, GlaxoSmithKline Philippines at Roche Philippines.

Ang naturang kaso ay pagpapatibay sa hangarin ng SITI na suportahan ang agenda ng pamahalaan ni Pangulong Aquino para sa pagpapataasnd dekalidad, nguin't murang gamot na abot kaya ng sambayanang Pinoy sa merkado.

Sina dating Supreme Court Associate Justice Santiago M. Kapunan at lawyer-educator Adel A. Tamano ang tumatayong legal counsel ng SITI, ang kumpanyang kaakibat ng pamahalaan para maisulong at maisakatuparan ng tama ang 'Cheaper Medicine Bill'.

Naunang nagsampa ng kaso ang tatlong higanteng kumpanya laban sa SITI bunsod umano ng legalidad sa pag-angkat nito ng mga imported na sangkap nng mga gamot subali't ibinisura ito ng Departmetn of Justice (DOJ), Court of Appeals (CA) at sinusugan ng Supreme Court (SC).

Sa desisyon ng SC wala umanong kongretong ebidensiya ang tatlong kumpanya na magpapatunay na nilabag ng SIT ang batas hingli sa 'parallel imporation of medicine'. Binalangkas pa umano ang SC na hinihikayat ng pamahalaan ang mga kumpanya na.

Source: X-FILES NEWS PAPERS - PHILIPPINES

Kaso vs kumpanya ng gamot binasura ng korte: April 08, 2011

MANILA, Philippines - IBINASURA ng Makati Regional Trail Court ang kaso ng patent infringement na isinampa ng isang malaking kumpanya ng gamot laban sa lokal na drug distributor upang ganap na ipatupad sa bansa ang Cheapar Mecicine Act.

Ang kaso na inihain ng Pfizer laban sa Sahar Int'l Trading Inc. ay nagmula sa pagbebenta at distribusyon ng gamot na may pharmaceutical ingredient na atorvastatin na nakakasugpo ng atake sa puso at stroke nagpapababa ng masamang cholestrol at nagpapagaling ng iba pang sakit.

Ayon sa 14 pahinang desisyon ni Judge Cesar Untalan noong Marso, 11, 2011, may karaptan ang pribadong partido na mag importa o magkaron ng 'hindi rehistradon gamot' sa Philipinas base sa implementing Rules of Republic Act 9502 o Cheapaer Medcine Act

Sa ilalim ng Batas 27 ng RA 9502 na inaprubahan noong Nobyembre 4, 2008, walang karapatan ang patent owner na pahintuin ang third parties sa pagbenta ng gamot sa dahilang wala itong otorisasyon sa nagmamaya-ari ang patent ng gamot.

Sinabi na korte na dahil sa pagpapasa ng RA 9502, milyun-milyong Philipino na ang makakabili ng muran gamot.

Nagpasalamat si Muhammad Ateeque, presidente at co-owner ng Sahar, sa desisyon ng korte at sinabing ang pagkakaroon ng murang gamot sa Philipinas ay magliligtas sa buhay ng maraming Philipino na hindi kayang bumili ng marnahaling gamot.

Source: REMATE ANG DIARYO NG MASA NEWS PAPER - PHILIPPINES

SC decision magpapataas ng de-kalidad, murang gamot: October 05, 2011

MANILA, Philippines - MANILA, Philippines - Nagpahayag ng kasiyahan ang pamunuan ng Sahar Pharma (SITI), isang local-based pharmaceutical drug distributor, sa pagbasura ng Supreme Court (SC) sa kasong ‘illegal importation of medicine’ na isinampa laban sa may-ari ng naturang kompanya.

Ayon sa SITI, ang desisyon ng Supreme Court na ipinalabas kamakailan ay nagpatibay sa hangarin ng SITI na suportahan ang agenda ng pamahalaan ni Pangulong Aquino para sa pagpapataas ng de-kalidad, ngunit murang gamot na abot kaya ng sambayanang Pinoy sa merkado.

Sinabi ni Mack Macalanggan, tagapagsalita ng SITI, ang desisyon ng SC ay patunay lamang na nananaig ang katotohanan at binibigyan ng timbang ang kabutihang maidudulot sa mamamayang Filipino na patuloy na humihiling ng pagkakaroon ng de-kalidad na gamot sa presyong abot-kaya ng lahat.

“Filipinos have a constitutionally recognized right to health, and the essence of the law and fair competition will defend that right,” pahayag ni Macalanggan patungkol sa Republic Act 9502 o ang Cheaper Medicine Law.

Sina dating Supreme Court Associate Justice Santiago M. Kapunan at lawyer-educator Adel A. Tamano ang tumatayong legal counsel ng SITI, ang kumpanyang kaakibat ng pamahalaan para maisulong at maisakatuparan ng tama ang ‘Cheaper Medicine Bill’.

Source: THE PHILIPPINE STAR NEWS PAPER

Korte Pinaboran ang Cheaper Medicine act. September 27, 2011

MANILA, Philippines - Maganda simula para sa pagpapaigting ng Cheaper Medicine Act an naging desisyon ng korte sa kasong intringment na isinampa laban se amin “Ito ang pahayag ni Muhammad Ateeque, president at co-owner ng Sahar International Trading Inc. matapos ibasura ng Makati Regional Trail Court ang kasong patent infringement na isinampa ng Pfizer laban sa kanila.

Sinabi ni Ateeque na ang pagkakaroon ng murang gamut sa Philipinas ay magliligtas sa buhay ng maraming Pilipino na hindi kayang bumili ng mga mamahaling gamut.

Nagmula ang inihain na kaso sa pagbebenta at distribusyon ng gamut sa Pilipinas na may pharmaceutical ingredient na Atorvastatin.

Ang Atorvastatin ay na kapagpapababa ng masamang cholestol at nakalsusugpo ng atake sa puso at stroke, at ba pang sakit.

>Sa kanyang 14 pahinang desisyon na inilabas noong Marso 11, 2911, sinabi ni Judge Cesar Untalan na ang mga pribadong Partido ay may karapatang mag-importa o magkaroon ng hindi rehistradong gamut sa Pilipinas batay sa Implementing Rules ng Republic Act 9502 o Cheaper Medicine Act.

Ipinaliwanag niya na sa ilalim ng Batas 27 ng RA 9502 na naipasa noong Nobyembre 4, 2008, hindi mapipigil ng patent owner ang third parties sa pagbebenta ng gamut kahit wala itong awtorisasyon sa n

Source: ABANTE TONITE

SITI Kinasuhan ang multi-national company. September 30, 2011

MANILA, Philippines - NAGSAMPA ng kasong malicious prosecution at P15 milyong danyos ang SAHAR PHARMA (SITI), isang local-based na Pharmaceutical drug distributor laban sa multi-national na kompanyang Pfizer Philippines, GlaxoSmithKline Philippines at Roche Philippines.

Ang kaso ay pagpapatilbay sa hangarin ng SITI na suportahin ang agenda ng administrasyong Aquino para sa pagpapataas ng kalidad ngunit murang gamot na abot kaya ng sambayanang Filipino.

Sina dating Supereme Court Associate Justice Santiago Kapunan at lawyer educator Adel Tamano ang tumatayong legal counsel kaakibat ng pamahalaan para maisulong at maisakatuparan ng tama ang "Cheaper Medicine Bill."

Naunag nagsampa ng kaso ang tatlong nabanggit na higanteng kompanya laban sa SITI bunsod umano ng legalidad sa pag-aangkat nito ng mga imported na sangkap ng mga gamot.

Source: JAN S: REMATE ANG DIARYO NG MASA NEWS PAPER - PHILIPPINES