Question & AnswerQ&A (OP ADMINISTRATIVE ORDER NO. 268)
Republic Act No. 9502, also known as the Universally Accessible Cheaper and Quality Medicines Act of 2008, mandates the granting of licenses to exploit patented drugs and waives the requirement to obtain compulsory licenses during national emergencies.
The waiver applies in situations of national emergency or other circumstances of extreme urgency.
The Department of Health is authorized to contact local and foreign manufacturers to begin vaccine production and study for replication, as well as to buy bulk deliveries of Influenza A(H1N1) vaccines to ensure adequate supply for high-risk groups.
Price controls are avoided to prevent the rich from buying all the supply and to ensure the Philippines still receives its vaccine allocation from global manufacturers.
The Department of Health is directed to prosecute profiteering based on excessive mark-ups on vaccines that are bought at reasonable prices from distributors and manufacturers.
They are required to take preliminary steps and begin contacting local manufacturers for possible production and study of vaccines for replication.
The Order was signed by President Gloria Macapagal-Arroyo and promulgated by Executive Secretary Eduardo R. Ermita.
The Order became effective immediately upon its adoption on July 20, 2009.
It demonstrates government action to address the pandemic timely, ensuring access to affordable vaccines while signaling to manufacturers the government’s capacity to enforce compulsory licensing to prevent profiteering and supply shortages.