ORDERING THE DEPARTMENT OF HEALTH TO TAKE PRELIMINARY STEPS TOWARD LOCAL MANUFACTURERS AND LOW-COST IMPORTATION OF FLU VACCINES UNDER COMPULSORY LICENSING MANDATED BY LAW DURING…

WHEREAS, it is desirable to show government action against the
Influenza A(H1N1) pandemic, while signaling to current vaccine makers
and dealers that they face low-cost competition if they engage in
profiteering and supply curtailment;

WHEREAS, price controls should not be imposed for now, or else the
rich will just buy the supply, and the Philippines may not get its
vaccine allocation from global manufacturers;

WHEREAS, vaccines for Influenza A(H1N1) are still awaited from abroad;

WHEREAS, Sections 10-13 of Republic Act No. 9502 or the “Universally
Accessible Cheaper and Quality Medicines Act of 2008” mandates the
granting of license to exploit and waives the requirement to obtain a
compulsory license for importation of patented drugs on reasonable
commercial terms in situations of national emergency or other
circumstances of extreme urgency;

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic
of the Philippines, by virtue of the powers vested in me by law, do
hereby order:

SECTION 1. The Department of Health shall take
preliminary steps toward local manufacturers and low-cost importation of
flu vaccines under compulsory licensing mandated by law during national
health emergencies.

SECTION 2. Accordingly, the Department of Health shall
begin contacting local and foreign manufacturers for possible
production, so that such firms can begin studying the vaccines for
replication.

SECTION 3. The Department of Health shall see to
it that profiteering is prosecuted, based on excessive mark-ups on
vaccines bought from distributors and manufacturers at reasonable
prices.

SECTION 4. The Department of Health, directly or
through any authorized government agency, shall buy the bulk of
deliveries of Influenza A(H1N1) vaccines to ensure enough supply for
high-risk groups.

SECTION 5. This Order shall be effective immediately.

Adopted: 20 July 2009

(SGD.) GLORIA M. ARROYO
President of the Philippines   

BY THE PRESIDENT:

(SGD.) EDUARDO R. ERMITA
Executive Secretary