# E-DRUG: generic drugs in Mexico **URL:** https://talk.edrugplus.org/t/e-drug-generic-drugs-in-mexico/1752 **Category:** e-drug **Created:** [December 2, 1997, 4:56am UTC](https://talk.edrugplus.org/t/e-drug-generic-drugs-in-mexico/1752 "1997-12-02T04:56:53Z") **Posts on this page:** 1 **Page:** 1
### Author: ![love](https://avatars.discourse-cdn.com/v4/letter/l/dec6dc/32.png) [@love](https://talk.edrugplus.org/u/love) #### Post date: [December 2, 1997, 4:56am UTC](https://talk.edrugplus.org/t/e-drug-generic-drugs-in-mexico/1752/1 "1997-12-02T04:56:53Z")
E-DRUG: generic drugs in Mexico (7) ------------------------------------ Larry Sasich from Public Citizen and Professor Steve Schondelmeyer from the University of Minnesota are far more expert about the US experience in generic drugs than I. I can recall working on legislation to promote generic drug substitution during the 1970's, in the state of Alaska, and at that time, many many states had enacted legislation which were designed to require pharmacists to notify patients of less expensive generic substitutions, and to make such substitution legal, in the absence of a doctor specifically checking a no-substitution box printed on the prescription form. Now I live in Virginia, and my HMO requires the use of substitution from an HMO formulary, which is a broader substitution than a generic drug. My pharmacist makes the substitution, without consulting the doctor. Apparently PhrMA has persuaded the US trade negotiators to apply pressure to many countries who are seeking to promote generics, under absurd theories that laws which require generic name prescriptions, or use of generic names on packaging, violate GATT or NAFTA trademark rights. Since you are writing about Mexico, it is a good idea to review the NAFTA provisions on trademarks. The intellectual property provisions of NAFTA are on the Web at: [http://the-tech.mit.edu/Bulletins/Nafta/17.intellect](http://the-tech.mit.edu/Bulletins/Nafta/17.intellect) The term "party" refers to a country. Here are a couple of sections worth reading: Article 1704: Control of Abusive or Anticompetitive Practices or Conditions        Nothing in this Chapter shall prevent a Party        from specifying in its domestic law licensing        practices or conditions that may in particular        cases constitute an abuse of intellectual property        rights having an adverse effect on competition in the        relevant market. A Party may adopt or maintain,        consistent with the other provisions of this Agreement,        appropriate measures to prevent or control such practices        or conditions. You should also look at Article 1708: Trademarks, and read: sections 2, 10 and 12, which say: Article 1708: Trademarks       2. Each Party shall provide to the owner of a registered            trademark the right to prevent all persons not having            the owner's consent from using in commerce identical or            similar signs for goods or services that are identical            or similar to those goods or services in respect of which            the owner's trademark is registered, where such use would            result in a likelihood of confusion. In the case of the            use of an identical sign for identical goods or            services, a likelihood of confusion shall be presumed.            The rights described above shall not prejudice any prior            rights, nor shall they affect the possibility of a Party            making rights available on the basis of use. [This is the main "right" of a trademark owner, the right to prevent others from using the trademark.]       10. No Party shall encumber the use of a trademark            in commerce by special requirements, such as a            use that reduces the trademark's function as an            indication of source or a use with another trademark. [This \*may\* be a section the drug companies will use to claim they are harmed by generic labeling laws].       12. A Party may provide limited exceptions to the            rights conferred by a trademark, such as fair            use of descriptive terms, provided that such            exceptions take into account the legitimate            interests of the trademark owner and of other            persons. [This section gives governments broad rights to limit trademark rights for public purposes]. Nothing in NAFTA specifically deals with trademarks and generic drugs, but the general provisions for trademarks are focused on the traditional issue of infringing use of a companies trademark. For example, only CocaCola can use its trademark for Coke, and only Levi can use its trademark jeans. Requiring disclosures of the scientific (generic) name on the label of a for drugs is a common policy initiative that should not be affected by NAFTA or GATT. If specific claims are made regarding international law, please advise the list of the precise terms under which general laws are being attacked. I am not a lawyer, and I welcome comments by those who are lawyers. Jamie -- James Packard Love Consumer Project on Technology P.O. Box 19367 | Washington, DC 20036 voice 202.387.8030 | fax 202.234.5176 love@cptech.org | [http://www.cptech.org](http://www.cptech.org) -- Send mail for the `E-Drug' conference to `e-drug@usa.healthnet.org'. Mail administrative requests to `majordomo@usa.healthnet.org'. For additional assistance, send mail to: `owner-e-drug@usa.healthnet.org'.