Can the government use a patent if the demand for a drug is not being met?
If the demand for a patented drug in the Philippines is not adequately met on reasonable terms, the government may step in. The Secretary of Health determines whether the supply and terms are sufficient. In such cases, the right holder must be informed promptly of the government’s intervention. This provision is governed by Section 74 Intellectual Property Code of the Philippines. “74.1 (e) In the case of drugs and medicines, the demand for the patented article in the Philippines is not being met to an adequate extent and on reasonable terms, as determined by the Secretary of the Department of Health.” January 3, 2026About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
