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GENERIC DRUGS AND WTO
VISHAL REDDY
PA1 TBZ123
DEPT OF GENETICS AND
PLANT BREEDING
CONTENTS
• What is Generic drug?
• Legislative History
• Patent Protection
• SWOT Analysis
• Generic Drug Review Process
• Advantages and Disadvantages of Generic Drug
• Policy existing in India for generic medicine
• TRIPS agreements and medicines
• The Doha Declaration
• Conclusion
Generic Drugs
• Drugs are produced and distributed without patent
protection
• Contains the same active ingredients as the original
formulation
• Switching the prescriptions from branded drugs to
generic drugs will lead to the annual reduction of
overall 11%in drug costs
• Sale of generic drugs provides higher profit margins
than the sale of branded drugs
Generic drug is defined as “A drug product that is
comparable to brand/innovator drug in dosage form,
strength, route of administration, quality and performance
characteristics and intended use”.
PATENT PROTECTION
• In most countries of the world, patents give 20 years of protection.
• However, many countries e.g. the European Union and the USA may
grant up to 5 years of additional protection for drugs.
• When the patents on a brand-name drug near expiration, drug companies
that want to manufacture a generic can apply to the FDA to sell a generic
version of the drug.
LEGISLATIVE HISTORY
• 1906 Pure Food and Drug Act –establishes regulation of food and drugs.
• 1938 Food, Drug and Cosmetic Act – introduced safety standards.
• 1962 Kefauver-Harris Amendments to the FDA&C Act – tightened safety standards
and introduced requirements that drug must be effective i.e., proof of efficacy.
• 1984 Hatch- Waxman Act - created an abbreviated mechanism for approval of
generic copies of drugs, by stating that pre-clinical and clinical testing does not have to
be repeated for generics.
WHEN GENERIC DRUG MARKETED
After patent and exclusivity protection
ends
Patent owner waives its rights
FDA requirements are met
7
B R A N D N A M E D R U G
N D A R E Q U I R E M E N T
1. Labelling
2. Pharma
3. Chemistry
4. Manufacturing
5. Controls
6. Microbiology
7. Testing
8. Animal studies
9. Clinical studies
10. Bioavailability
G E N E R I C D R U G
A N D A R E Q U I R E M E N T
1. Labelling
2. Pharma
3. Chemistry
4. Manufacturing
5. Control
6. Microbiology
7. Testing
8. Bioequivalence
8
A generic drug is considered to be bioequivalent to the brand name
drug if :
• The rate and extent of absorption do not show a significant
difference from the innovator drug.
BIOEQUIVALENCE
9
Some Example of Generic and Branded Drug with
their Price
Category Generic Drug Price
Branded
Drug
Price
Analgesic Paracetamol Rs 2.45 Crocin Rs 11
Diclofenacsodium
+Paracetamol
Rs 4.4 Diclogesic Rs 19.40
Antibiotic Amoxyclin Rs 13.2 LMX Rs 40
Remox Rs 38.7
Azithromycin Rs 41.8 Azee Rs 107
Azithral Rs 128.55
Vitamin Folic acid Rs 2.8 Folivite Rs 11.8
B-Complex Rs 1.8 Becosul Rs 11.0
Cardiovascular(Blood
Pressure) Drug
Atenolol Rs 7.0 Aten Rs 23.8
• Many branded drugs will be losing
their patents in the time span of 2020-
2025
• Potential Growth opportunity in
the developing nations is about
15%-20%
• Countries like India and china can serve
huge markets as the mass population faces
difficulty expensive and branded medicines.
• Patent expirations may lead to an entry of
new competitors (generic competitions).
• Weak, small companies usually go out of
business.
SWOT
Threats
Opportunities
Strengths
• Cost effective &price are less.
• Governing framework issame.
• Provides higher profitmargins.
• Exempted from the patenting as they have
same active molecules as that of the
branded patented drugs.
Weakness
• No sales promotion as that of
branded medicine.
• Less Awareness
SWOTAnalysis
COST EFFECTIVENESS OF GENERICDRUGS
13
MYTHS AND FACTS
MYTH 1 - Duplicate drugs
FACT 1 - Due to their change is the brand name or shape of
the packing, some may think the drugs are duplicate.
MYTH 2 - Rejected drugs and fake drugs
FACT 2 - Due to cheap price of the generic drugs, it is
generally thought that generic drugs are rejected form the
company that is why they are selling for the low price.
MYTH 3 - Ineffective drugs
FACT 3 - People also have a mindset that costlier will be effective.
They think that there is surely something wrong with the medicine
because it is too cheap
MYTH 4 - Brand-name drugs are made in modern manufacturing
facilities, and generics are often made in sub-standard facilities
FACT 4 - Sub-standard facilities are not permitted by the FDA.
ADVANTAGES
Generic medicine Provide Many Economic Advantages to:-
Consumer Pharmaceutical Business
It may be supplied by more than one company
New regulatory processes to reduce time and cost of generic drug approvals
Generic drugs are not possible in all the cases because it takes long time to expire
any patent.
Some patients may be allergic to new colour, flavour etc.
There may be some variations during reformulations.
DRAWBACKS
POLICY EXISTING IN INDIA FOR
GENERIC MEDICINE
• Making quality medicines available at affordable prices for all, particularly the poor and
disadvantaged, through exclusive outlets "Jan Aushadhi Medical Store", so as to reduce
out of pocket expenses in healthcare.
• on 25th November 2008 with the active participation of the CPSUs namely, IDPL, HAL
launch of the Jan Aushadhi Medical store at Shastri Bhawan, New Delhi,
• In September 2015, the 'Jan Aushadhi Scheme' was revamped as 'Pradhan Mantri Jan
Aushadhi Yojana' (PMJAY).
• In November, 2016, to give further impetus to the scheme, it was again renamed
as "Pradhan Mantri Bhartiya Janaushadhi Pariyojana" (PMBJP).
• Pradhan Mantri Bhartiya Janaushadhi Pariyojana (PMBJP) is a campaign
launched by the Department of Pharmaceuticals to provide quality medicines
at affordable prices to the masses.
• At present there are 6603 stores in country
March 7, every year observes Jan Aushadi Divas or Generic Medicine Day
with aim to create awareness about use of generic medicine
Challenges for Generic drug consumption
Percentage description of drug use
in India
Continue
d..
When it comes to consumption or fame of generic drugs in India we recollect
that only 23%generic drugs are consumed throughout the country even if it
is one of the leading countries to produce Generic Drugs. This may be due to
numerous reasons depending on diverse conditions.
Reasons for
less
consumption
of GD
Weak supply
chain
management
Lack of
Awareness
Monopoly of
doctors in
prescribing
branded
drugs
Lack of
promotion
Lack of trust
Awareness Program
Objectives
To know the
awareness about
Generic Medicines
& Jan Aushadhi
Stores among the
people.
Q.1:- What do you prefer
going to government
hospital or private hospital?
Q.2:- Do you know about
Generic Medicines?
Q.3:- Do you know about
Jan Aushadhi Stores?
Questions Asked Results
prefer
g
prefer
p
83
%
1
7
%
knowjas
dknowja
s
81
%
19
%
67
%
33
%
Knowg
m
dknowg
m
Existing Supply Chain of Jan
Aushadhi
CPS
Us
Private
sector
manufacturer
s
Central
Warehous
e
Distributo
r
Jan
Aushad
hi
stores
Compa
ny
Factory
locatio
ns
Sun Pharma-
Ranbaxy labs
Punjab
Maharashtra
Himachal
Pradesh, Goa,
New Delhi,
Haryana
Dr.Reddy’
s
Telangana, Andhra
Pradesh ,
Pondicherry,
Karnataka ,
Himachal Pradesh
Cipl
a
Maharashtra,
Karnataka,
Madhya
Pradesh,
Sikkim,
Himachal
Pradesh
Novarti
s
Maharashtra ,
Karnataka ,
Andhra Pradesh
Customer
s
Carrying &
Forwarding
Agent(C & F)
Government Initiatives
Recommendations to increase the
Consumption of Generic Drugs
Packaging of generic
medicines should be worked
upon so as to make drugs
attractive following the
mentality of Indian
consumer.
Government should supply
generic medicines not only
through stores and hospitals
but also through health
campaigns and drives along
with the Awareness
Programmes.
ORANGE BOOK
Orange book is a publication by the FDA
approved drug products with therapeutic
equivalence (TE) evaluation codes.
Commonly known as the Orange Book
due to the Orange cover of the original
print version.
It includes identified drug products on the
basis of safety & effectiveness approval by
FDA under FDA & CAct.
The first edition appeared in October,
1980.
WTO Doha/Health Negotiations
On 14 November 2001, WTO Members issued the historic Doha
Declaration on the TRIPS Agreement and Public Health
The Doha Declaration
Interpretation and implementation of the TRIPS Agreement to support WTO
Members rights to protect public health, particularly access to medicines
TRIPS AGREEMENT AND MEDICINES
• Patent protection for pharmaceutical products
• Reinforcement of patent process
• 20 year minimum duration
• Transitional periods with exclusive marketing rights
We must monitor the implementation of the decision to ensure:
• Transparency
• Simple and speedy legal procedures
• Equal opportunities for countries needing medicines
• Facilitation of a multiplicity of potential suppliers
• Broad coverage in terms of health problems and range of
medicines.
30 August 2003 decision on paragraph 6
Conclusion
GENERIC DRUGS AND WTO

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GENERIC DRUGS AND WTO

  • 1. GENERIC DRUGS AND WTO VISHAL REDDY PA1 TBZ123 DEPT OF GENETICS AND PLANT BREEDING
  • 2. CONTENTS • What is Generic drug? • Legislative History • Patent Protection • SWOT Analysis • Generic Drug Review Process • Advantages and Disadvantages of Generic Drug • Policy existing in India for generic medicine • TRIPS agreements and medicines • The Doha Declaration • Conclusion
  • 3. Generic Drugs • Drugs are produced and distributed without patent protection • Contains the same active ingredients as the original formulation • Switching the prescriptions from branded drugs to generic drugs will lead to the annual reduction of overall 11%in drug costs • Sale of generic drugs provides higher profit margins than the sale of branded drugs Generic drug is defined as “A drug product that is comparable to brand/innovator drug in dosage form, strength, route of administration, quality and performance characteristics and intended use”.
  • 4. PATENT PROTECTION • In most countries of the world, patents give 20 years of protection. • However, many countries e.g. the European Union and the USA may grant up to 5 years of additional protection for drugs. • When the patents on a brand-name drug near expiration, drug companies that want to manufacture a generic can apply to the FDA to sell a generic version of the drug.
  • 5. LEGISLATIVE HISTORY • 1906 Pure Food and Drug Act –establishes regulation of food and drugs. • 1938 Food, Drug and Cosmetic Act – introduced safety standards. • 1962 Kefauver-Harris Amendments to the FDA&C Act – tightened safety standards and introduced requirements that drug must be effective i.e., proof of efficacy. • 1984 Hatch- Waxman Act - created an abbreviated mechanism for approval of generic copies of drugs, by stating that pre-clinical and clinical testing does not have to be repeated for generics.
  • 6.
  • 7. WHEN GENERIC DRUG MARKETED After patent and exclusivity protection ends Patent owner waives its rights FDA requirements are met 7
  • 8. B R A N D N A M E D R U G N D A R E Q U I R E M E N T 1. Labelling 2. Pharma 3. Chemistry 4. Manufacturing 5. Controls 6. Microbiology 7. Testing 8. Animal studies 9. Clinical studies 10. Bioavailability G E N E R I C D R U G A N D A R E Q U I R E M E N T 1. Labelling 2. Pharma 3. Chemistry 4. Manufacturing 5. Control 6. Microbiology 7. Testing 8. Bioequivalence 8
  • 9. A generic drug is considered to be bioequivalent to the brand name drug if : • The rate and extent of absorption do not show a significant difference from the innovator drug. BIOEQUIVALENCE 9
  • 10. Some Example of Generic and Branded Drug with their Price Category Generic Drug Price Branded Drug Price Analgesic Paracetamol Rs 2.45 Crocin Rs 11 Diclofenacsodium +Paracetamol Rs 4.4 Diclogesic Rs 19.40 Antibiotic Amoxyclin Rs 13.2 LMX Rs 40 Remox Rs 38.7 Azithromycin Rs 41.8 Azee Rs 107 Azithral Rs 128.55 Vitamin Folic acid Rs 2.8 Folivite Rs 11.8 B-Complex Rs 1.8 Becosul Rs 11.0 Cardiovascular(Blood Pressure) Drug Atenolol Rs 7.0 Aten Rs 23.8
  • 11. • Many branded drugs will be losing their patents in the time span of 2020- 2025 • Potential Growth opportunity in the developing nations is about 15%-20% • Countries like India and china can serve huge markets as the mass population faces difficulty expensive and branded medicines. • Patent expirations may lead to an entry of new competitors (generic competitions). • Weak, small companies usually go out of business. SWOT Threats Opportunities Strengths • Cost effective &price are less. • Governing framework issame. • Provides higher profitmargins. • Exempted from the patenting as they have same active molecules as that of the branded patented drugs. Weakness • No sales promotion as that of branded medicine. • Less Awareness SWOTAnalysis
  • 12.
  • 13. COST EFFECTIVENESS OF GENERICDRUGS 13
  • 14. MYTHS AND FACTS MYTH 1 - Duplicate drugs FACT 1 - Due to their change is the brand name or shape of the packing, some may think the drugs are duplicate. MYTH 2 - Rejected drugs and fake drugs FACT 2 - Due to cheap price of the generic drugs, it is generally thought that generic drugs are rejected form the company that is why they are selling for the low price.
  • 15. MYTH 3 - Ineffective drugs FACT 3 - People also have a mindset that costlier will be effective. They think that there is surely something wrong with the medicine because it is too cheap MYTH 4 - Brand-name drugs are made in modern manufacturing facilities, and generics are often made in sub-standard facilities FACT 4 - Sub-standard facilities are not permitted by the FDA.
  • 16. ADVANTAGES Generic medicine Provide Many Economic Advantages to:- Consumer Pharmaceutical Business It may be supplied by more than one company New regulatory processes to reduce time and cost of generic drug approvals
  • 17. Generic drugs are not possible in all the cases because it takes long time to expire any patent. Some patients may be allergic to new colour, flavour etc. There may be some variations during reformulations. DRAWBACKS
  • 18. POLICY EXISTING IN INDIA FOR GENERIC MEDICINE • Making quality medicines available at affordable prices for all, particularly the poor and disadvantaged, through exclusive outlets "Jan Aushadhi Medical Store", so as to reduce out of pocket expenses in healthcare. • on 25th November 2008 with the active participation of the CPSUs namely, IDPL, HAL launch of the Jan Aushadhi Medical store at Shastri Bhawan, New Delhi, • In September 2015, the 'Jan Aushadhi Scheme' was revamped as 'Pradhan Mantri Jan Aushadhi Yojana' (PMJAY).
  • 19. • In November, 2016, to give further impetus to the scheme, it was again renamed as "Pradhan Mantri Bhartiya Janaushadhi Pariyojana" (PMBJP). • Pradhan Mantri Bhartiya Janaushadhi Pariyojana (PMBJP) is a campaign launched by the Department of Pharmaceuticals to provide quality medicines at affordable prices to the masses. • At present there are 6603 stores in country March 7, every year observes Jan Aushadi Divas or Generic Medicine Day with aim to create awareness about use of generic medicine
  • 20. Challenges for Generic drug consumption Percentage description of drug use in India Continue d.. When it comes to consumption or fame of generic drugs in India we recollect that only 23%generic drugs are consumed throughout the country even if it is one of the leading countries to produce Generic Drugs. This may be due to numerous reasons depending on diverse conditions.
  • 21. Reasons for less consumption of GD Weak supply chain management Lack of Awareness Monopoly of doctors in prescribing branded drugs Lack of promotion Lack of trust
  • 22. Awareness Program Objectives To know the awareness about Generic Medicines & Jan Aushadhi Stores among the people. Q.1:- What do you prefer going to government hospital or private hospital? Q.2:- Do you know about Generic Medicines? Q.3:- Do you know about Jan Aushadhi Stores? Questions Asked Results prefer g prefer p 83 % 1 7 % knowjas dknowja s 81 % 19 % 67 % 33 % Knowg m dknowg m
  • 23. Existing Supply Chain of Jan Aushadhi CPS Us Private sector manufacturer s Central Warehous e Distributo r Jan Aushad hi stores Compa ny Factory locatio ns Sun Pharma- Ranbaxy labs Punjab Maharashtra Himachal Pradesh, Goa, New Delhi, Haryana Dr.Reddy’ s Telangana, Andhra Pradesh , Pondicherry, Karnataka , Himachal Pradesh Cipl a Maharashtra, Karnataka, Madhya Pradesh, Sikkim, Himachal Pradesh Novarti s Maharashtra , Karnataka , Andhra Pradesh Customer s Carrying & Forwarding Agent(C & F)
  • 25. Recommendations to increase the Consumption of Generic Drugs Packaging of generic medicines should be worked upon so as to make drugs attractive following the mentality of Indian consumer. Government should supply generic medicines not only through stores and hospitals but also through health campaigns and drives along with the Awareness Programmes.
  • 26. ORANGE BOOK Orange book is a publication by the FDA approved drug products with therapeutic equivalence (TE) evaluation codes. Commonly known as the Orange Book due to the Orange cover of the original print version. It includes identified drug products on the basis of safety & effectiveness approval by FDA under FDA & CAct. The first edition appeared in October, 1980.
  • 27. WTO Doha/Health Negotiations On 14 November 2001, WTO Members issued the historic Doha Declaration on the TRIPS Agreement and Public Health The Doha Declaration Interpretation and implementation of the TRIPS Agreement to support WTO Members rights to protect public health, particularly access to medicines
  • 28. TRIPS AGREEMENT AND MEDICINES • Patent protection for pharmaceutical products • Reinforcement of patent process • 20 year minimum duration • Transitional periods with exclusive marketing rights
  • 29. We must monitor the implementation of the decision to ensure: • Transparency • Simple and speedy legal procedures • Equal opportunities for countries needing medicines • Facilitation of a multiplicity of potential suppliers • Broad coverage in terms of health problems and range of medicines. 30 August 2003 decision on paragraph 6