An Act Providing for Cheaper and Quality Medicines, Amending for the Purpose Republic Act No. 8293 or The Intellectual Property Code, Republic Act No. 6675 or the The Generics Act of 1988, and Republic Act No. 5921 or The Pharmacy Law and for Other Purposes
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled.
Section 1. Short Title - This Act shall be known as the 'Universally Accessible Cheaper and Quality Medicines Act of 2008"
Section 2. Declaration of Policy - It is the policy of the State to protect public health and , when the public interest or circumstances of extreme urgency so require, it shall adopt appropriate measures to promote and ensure access to affordable quality drugs and medicines for all.
Pursuant to the attainment of this general policy, an effective competition in the supply and demand of quality affordable drugs and medicines is recognized by the State as a primary instrument. 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.
Section 3. Construction in Favor of Protection of Public Health - All doubts in the implementation and interpretation of the provisions of this Act, including its implementing rules and regulations, shall be resolved in favor of protecting public health.
Section 4. Definition of Terms - For purposes of this Act, the following terms are to mean as follows:
(a) "Compulsory License" is a license issued by the Director General of the Intellectual Property Office to exploit a patented invention without the permission of the patent invention without the permission of the patent holder, either by manufacture or through parallel importation;
(b) "Drug outlet" refers to drugstores, pharmacies, and any other business establishments which sell drugs and medicines;
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