Table 5 summarises some of the attempts made in recent years to find ways of promoting genetics. This is not a theme which brings in normalisation directly. Nevertheless, the indirect effect is clearly oriented towards the conditions of competition between products protected by trademarks, and generic items. Over the years the innovative pharmaceutical firms have shown a propensity to spend on publicity even more than they devote to R&D (in US alone the advertising outlays exceed $11 bn, an amount above the R&D figure). The issue at present revolves around how to offer enough information on generics without ending up at an expenditure level similar to now linked with trademark items. The table indicates that the pivotal issues are labelling, the relative size and the language in which the generic and trade names respectively are shown, as well the packaging systems and some other matters. From this we can conclude that even norms which appear trivial, can be the focus of fierce discussions.
TABLE 5. - Generics
Country |
Event |
Argentina |
1992: A decree was promulgated which would have made generic prescription compulsory. That decree was revoked in 1993. |
Brazil |
1993: Decree 793 made it obligatory to use the generic name along with the trademark. In 1995 that decree was made operational; the generic name has to be 3 times larger than the trademark. |
Korea |
The association of domestic producers (KPMO) is seeking a 5 year extension (till the year 2000) before protection is given to pipeline patents. KPMO argues that local firms prepare themselves for generic production some 2 or 3 years prior to the date when the corresponding patents lapse. |
Philippines |
The closure of a significant number of local firms as a consequence of the extension of patent life set under Uruguay Round is feared. |
Thailand |
1995: New rules made it compulsory to put generic names together with trademarks in the labels, packaging and advertising. Both names have to appear in the same languages. |
Turkey |
1992: The Social Security Institute (SSI) decided to buy generics instead of trademark products. 1993 results showed savings, due to the decision, equivalent to 45 per cent of the costs which would otherwise have been incurred. Twenty-one firms which lost sales then boycotted the SSI subsequent to the decision and as a result of it. |