# E-DRUG: Mandatory generic prescribing vs trade mark rights

**URL:** <https://talk.edrugplus.org/t/e-drug-mandatory-generic-prescribing-vs-trade-mark-rights/212>\
**Category:** e-drug\
**Created:** [October 17, 1996, 10:33am UTC](https://talk.edrugplus.org/t/e-drug-mandatory-generic-prescribing-vs-trade-mark-rights/212 "1996-10-17T10:33:41Z")\
**Posts on this page:** 1\
**Page:** 1

<div class="post-metadata">

**Author:** ![Guttorm\_Folkedal1](https://avatars.discourse-cdn.com/v4/letter/g/7c8e57/32.png) [@Guttorm\_Folkedal1](https://talk.edrugplus.org/u/Guttorm_Folkedal1)\
**Post date:** [October 17, 1996, 10:33am UTC](https://talk.edrugplus.org/t/e-drug-mandatory-generic-prescribing-vs-trade-mark-rights/212/1 "1996-10-17T10:33:41Z")

</div>

Dear E-druggers,

Regarding the ongoing debate on mandatory generic prescribing vs trade mark  
rights:

I have recently been working as a cooperant/senior pharmacist for nearly 3  
years in Mozambique. I was linked to the MOH and MEDIMOC - the parastatal in  
charge for drug imports to the public - as well as the private sector.

Generic prescribing has been mandatory by legislation and working practice  
in Mozambique for nearly 20 years. It is still incorporated in the new drug  
legislation (Lei dos Medicamentos) that is about to be approved these days.  
No lawsuits have been received till now (maybe the setting is too small,  
being brought to court for violating trade mark rights). Anyway - practice  
shows several important advantages with the system in Mozambique:

- Drug Prices. Even in such a small market (USD 20 million/year) prices  
were evaluated to be favourable in comparison to other countries in a  
GATT survey from 1992. A diminished number of items and elevated  
tendering volume for each item contributes to this tendency - more drugs for  
less money.  
- Rational Drug Use. As done in several developing countries, the INRUD  
indicators have been reviewed in Mozambique public health facilities (Maputo  
province). 85% of the 600 patients that was interviewed, knew how to take their  
drugs in a setting with extreme poverty and high illiteracy. 98,5% of all  
drugs were prescribed and dispensed as generics. I do not know any brand-name  
market that has proven a similar patient knowlegde. The Generic setting in  
Mozambique is so simple that all health care providers may instruct patient to  
have good knowlegde of their drugs - they even remember the INN-names ! All  
this will obviously  
contribute to elevated patient compliance.

Being a developed country, Norway is also considering generic  
prescribing/substitution. The patients have the rights to organise  
substitution - cooperating with a pharmacist.

Only 1 out of 10 new drugs entering the market are considered to represent  
a real improvement (SCRIP I-95). The other drugs (that may be called "me-too  
drugs") are in general terms just elevating health expenditures, and in  
addition contribute to a higher grade of confusion amongst perscribers,  
nurses and patients. These facts are now driving several Norwegian hospitals  
to give preference to generic names in their drug lists.

In summary - I hope that brand names/branded generics will loose the  
current right to confuse drug markets in any country. I think Richard puts  
forward a very sound and mild strategy in the setting. And I do hope that  
Eberhard will change his mind - not only representing the interests of brand  
name representatives. It is important to support a generic strategy.

I do not expect this to end the debate.

Regards,

Guttorm Folkedal  
e-mail: saihroga@online.no
