Law Summary
Encouragement of Vaccine Production and Study
- The DOH must engage with both local and foreign manufacturers to explore vaccine production possibilities.
- These manufacturers should be enabled to study the vaccines comprehensively for the purpose of replication.
Prevention and Prosecution of Profiteering
- The DOH is tasked with monitoring the market for evidence of profiteering characterized by excessive mark-ups on vaccine prices.
- Legal action must be taken against entities that impose unreasonably high prices on vaccines originally obtained at reasonable costs.
Government Purchase and Distribution Strategy
- The DOH, alone or through authorized agencies, shall procure the majority of the Influenza A(H1N1) vaccine deliveries.
- This strategy aims to secure adequate vaccine supply particularly for high-risk populations.
Legal Basis and Framework
- The order is grounded on Sections 10-13 of Republic Act No. 9502 (Universally Accessible Cheaper and Quality Medicines Act of 2008).
- These provisions mandate granting license to exploit and waive the requirement for compulsory licensing during national emergencies or extreme urgency.
Policy on Price Controls
- The government refrains from imposing price controls initially to prevent wealthier individuals from monopolizing vaccine supplies.
- The order signals potential competition through local production and importation to deter profiteering and supply restriction by existing suppliers.
Effective Date
- The entire order took effect immediately upon issuance on July 20, 2009.