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GPhA Says BIO Cries Wolf on Senate Biogenerics Proposal

Arlington, VA, July 9, 2009 – The Generic Pharmaceutical Association (GPhA) released the following statement today from GPhA President and CEO Kathleen Jaeger on The Biotechnology Industry Organization's (BIO's) erroneous claims regarding the Senate HELP Biogenerics amendments.

“BIO’s erroneous claims that anything less than an unprecedented 13 years of market exclusivity will harm innovation flies in the face of the recent Federal Trade Commission (FTC) report that such long periods of exclusivity are NOT needed to spark innovation. In fact, FTC suggested that because of their extremely robust intellectual property protection in this sector, ‘no’ to little market exclusivity is required.

“Both the White House and the Office of Management and Budget (OMB) also specifically stated that an unprecedented 12 to 14 years of market exclusivity would NOT achieve what should be our shared goal of balancing pharmaceutical innovation and much needed consumer access.

“While the generic industry still supports the proven successful Hatch-Waxman model as contained in the bipartisan ‘Promoting Innovation and Access to Lifesaving Medicines Act,’ we have commended the President for working to move this issue forward by recommending a 7-year exclusivity compromise.

“Countless Americans are waiting for more affordable biogenerics to treat their serious medical conditions and it is clear that 12 to 14 years of exclusivity will do nothing to get them the help they desperately need.

“It is a shame that in an attempt to protect the profits of Amgen, Genentech and other biotech companies, BIO and its supporters are misleading Congress. It’s time to put patients over profits.”

GPhA represents the manufacturers and distributors of finished generic pharmaceuticals, manufacturers and distributors of bulk active pharmaceutical chemicals, and suppliers of other goods and services to the generic drug industry. Generics represent 69% of the total prescriptions dispensed in the United States, but only 16% of all dollars spent on prescription drugs. For more information about the industry, visit www.gphaonline.org.
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