KUALA LUMPUR, Jan 28 – The Trans-Pacific Partnership Agreement (TPPA) does not prohibit Malaysia from taking measures to protect public health, including making available cheaper generic drugs, said Health Minister Datuk Seri Dr S. Subramaniam.
He said that if there were life-saving drugs which were expensive, the government could make use of the provisions under the ‘Compulsory Licence’ and ‘Governments’ Right’ for the manufacture or import of generic medicines to ensure access to medicines at a lower price. He was winding up the debate on a motion on the TPPA for the ministry during a special sitting of the Dewan Rakyat Wednesday.
Subramaniam stressed that Malaysia’s commitment towards the TPPA did not conflict with the objectives of the Malaysian National Medicines Policy to ensure access to medicines that were safe, effective and affordable, and was not intended to impede the growth of the local generic medicines industry. He said the country could also take measures to protect the interests of public health based on the agreement of Trade Related Aspects of Intellectual Property Rights (TRIPS) and Public Health, he said.
Dr Subramaniam also said that each country had its own right to determine health emergencies or other urgent situations, including responding to public health crises such as HIV/Aids, tuberculosis and malaria. Regarding the period of patents, Subramaniam said the duration of patent protection for pharmaceutical products remained at 20 years, as provided for under the TRIPS Agreement, WTO and the Patents Act 1983.
For the implementation of intellectual property rights obligations relating to pharmaceuticals, Dr Subramaniam said Malaysia had a transitional period of four to five years after the TPPA had been enforced. He said the period is sufficient to allow the Drug Control Authority to strengthen the drug registration system and make amendments to the act and related regulations.
