Mexican Senate launches bill to modify patented drug prices

The majority parliament group of the Mexican Senate has introduced a bill to modify the current scheme for setting maximum sale prices of patented medicines and supplies.

In a newsletter published yesterday, February 20, law firm  Von Wobeser & Sierra announced that the Morena party, the majority, introduced a bill amending article 31 of the General Health Law.

The bill considers that, under article four of the Political Constitution of the United Mexican States, the state must adopt concrete measures to protect the right to health, including the guarantee of access to medicines.

“In this regard, the maximum sale prices would no longer be established through a ‘supervised self-regulation’ mechanism, but rather through a public and transparent mechanism, following the principles of accessibility, affordability, quality and availability and according to certain guidelines that the competent authorities must issue,” said Von Wobeser & Sierra.

This means that Mexico’s Ministry of Economy would work with the Ministry of Health to establish the maximum sale prices to guarantee that those on low incomes have access to medicines and health products.

While the bill doesn't specify the mechanism for establishing these maximum prices, it authorises the two ministries to issue the necessary guidelines and set up the mechanism.

According to Wobeser & Sierra, if the bill is passed, there may be some concern that the setting of sale prices for patent-protected medicines would be based on the “socio-economic reality” of the population, rather than the economic reality of pharmaceutical companies.

This could discourage sales in Mexico, threaten free competition and consequently cause a drug shortage, warned the law firm.

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