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ARTICLE


Reproduced here form the Report of the General Secretary placed at the General Council Meeting held at Bangalore 3-5 February

Pharmaceutical Industry:

 There have not been much of mergers in the year. German Remedies was taken over by Zydus Cadila and the management change has effected the field workers. By this time, aftter takeover of Rhone Poulenc, Nicholas Piramal had sold out its head office and two factoreies at Bhandupa and Python offering VRS to all workers and employees. Dr. Reddy’s Laboratory hastaken over Group Pharma. Though the merger process of Glaxo and SKB has not been completed here, but in the marketing area, the company is functioning in fully merged form. Somilarly Parke davis and Pfizer merger process in India has not yet been completed but the Parke Davis has forced the field workers to sign for opting to become PSOs. There is every chance that these field workers may face pressure for VRS or many bay be kept out of the company.

The experience that Indian pharmaceutical has gathered in joint venture are disappointing. Now this joint ventures are breaking up. It is now understood that the type of joint ventures they entered keeps the Indian companies as junior partners where terms are dictated by the multinationals. As a result Nicholas Piramal withdrew from joint venture with Reckit and Ranbaxy group withdrew from Max GB, Lilly-Upjhon. Each break up of joint ventures have caused unemployment in the field. 

Performance of the Industry:

Growth of the pharmaceutical industry is further sliding. It could not remain in the two digit growth but the performance of the last nine months this year has been agonisingly slow to the tune of near two percent only. This shows that the industry growth had first stagnated and the started downhill sliding. In fact considering the price raise in introduction of large number of new products of high price, it may be concluded that unit wise de-growth is substantial. This fact is affecting all and the drug companies are rushing more to pressurise sales at the cost of anything possible. Only with high pressure marketing top Indian companies have registered some growth. Though the overall growth in sales trend of the drug industry is negative, but profit of the 50 Indian industry during the period of April-September, 2001 grew from Rs.616.38 crores to  Rs.913.7 crores which is 48% increase. In comparison, the growth of profit of top 10 multinational companies have been 11% only. Some data in this regard comparing the performance upto September,01 is given below. 

Company

Revenue, Sept,01

In Rs.Crores

% change over Sept’00

Profit after tax

In Rs. Crores

% change over Sept’00

Ranbaxy

1529.4

19.16

196.8

48.42

Dr. Reddy’s

807.11

162.83

196.94

301.35

Cipla

652

23.43

104.83

15.81

Nicholas Piramal

500

76.96

51.43

52.79

Wockhardt

300

13.49

40

38.87

Cadila

279.26

6.64

40.62

21.69

Glaxo

536.54

10.32

66.33

52.06

Novertis

246.32

5.54

28.57

29.51

E. Merck

165.15

5.32

19.12

16.37

 

Though sales decline of Glaxo was 33% and operating profit also declined to 45% but the company could increase revenue by selling their property of Rs.39.35 crores.

Success story of the top Indian companies can be attributed to the hard work of the sales promotion employees in establishing large number of new drags introduced this year. Average 10 to 30 new drugs are introduced by these companies and for Cipla this number goes up to 103 new drugs. 

There has been substantial change in the market pattern. By aggressive marketing practices, the type of prescription has changed. Simple remedies and confining of therapy within a few drugs for ordinary ailment is no longer followed. For a headache, standard dose of Aspirin is very difficult to get where expensive but not so beneficial drug has replaced aspirin. Thus the cost of therapy now has increased manifold. This has further disabled common people to buy medicines. To overcome this situation the industry is involved in dumping of sales and by increasing of work pressure on the field workers. As a result, Glaxo has admitted that they had to write off Rs.9 crores in six months to compensate breakage and expiry. It is doubtful that this has not happen suddenly. There is every chance that is amount has been spent to compensate their dumping sales. 

Franchise Marketing:

Brand selling in previous years has affected the job security of the workers. Now brand selling has taken a back sit, but the franchise marketing is widely practices now. Large and medium scale companies have now started to shift their established brands for marketing through franchise. Sales promotion work is conducted through this franchise who appoint salesmen at a minimum wage/commission. These companies have not yet understood that by this process their representation before the prescribes become low standard and degrades company’s good will. On the other hand, franchise marketing has posed a challenge to the regular sales promotion employees. the other problem that has emerged out of this, that a large fleet of sales promotion employees remaining in the unorganised sector has seriously unstable job security and worse working condition. This General Council meeting should decide future course of action in this area. 

Branded Generics:

The issue of branded generics was raised in the last Conference of FMRAI and it was suggested that a study in this respect should be initiated. A priliminary study shows that large number of companies are now marketing branded generic drugs. These drugs are sold in the market at the same price of branded drugs, but he price to the wholesalers/retailers are abnormally low. We are giving below prices of some such drugs.

 

Drug

Company

Generic

Pack

Price to Wholesalers

MRP

Difference

%

Nausdan Tabs

Alchem

Domperidine

25X10

96.85

540

457.56

Zedonac Mr Tab

Alchem

(Diclo+para+Chlorzox

10x10

68.05

380

458.41

Filikem

Alchem

Folic ACID

25x10

34.4

200

481.40

Aginal5

Alembic

Amledopine

100mg

2.9

17.6

506.90

Zedonac Tabs

Alchem

(Diclo+para)

20x10

51.6

320

520.16

Cisachem

Alchem

Cisapride

25X10

119.78

902.5

653.46

Odinol AM Tab

Alembic

 

 

4

35

775.00

Oxicam dt

Alembic

 

 

3.45

31.5

813.04

Cetral Tab

Alembic

( Certrizine)

10 mg.

2.2

25.6

1063.64

Pyrimide MD

Alchem

Nimesulide 100

25X10

60.9

725

1090.48

Tab Pyrestat

Ranbaxy

Nimesulide 100

 

1.7

25

1370.59

Pyrimide

Alchem

Nimesulide 100

25X10

39.1

625

1498.47

 

It is beyond imagination that these drugs, despite sold at such low prices yet provide to the companies. Such benefit of the low price never reach the consumers, but the enormous profit goes to the middlemen. It also establishes that drug prices can be kept much low. The immediate problem posed by the branded generics is the sales of purely branded drugs. For example, a company may shif their established to branded generics section but the low price and high trade mergine of the drug would push away other company’s brands. It is required that study should be done as to how it is affecting the sales of the branded drugs which are regulary promoted through existing field workers. It should also be studied as to how the branded generics are marketed.

Simaultenouslywe should also pursue the Govt. with the instance of the low prices offered by the manufactures to reduce price of all these drugs so that consumers get real benefit.

Change in the Drug Policy:

The government of India has started to make all efforts for changing drug policy. Through a secret document titled as ‘Pharmaceutical Policy-2001’, the Govt. have shown their real intention to serve the interest of the multinational drug companies more vigorously. The document has been kept secret so that in opportune moment this can be turned into a policy in haste. It is necessary to expose this move of the Govt. The document was prepared on the basis of the report of the two Committees formed earlier by the Govt.-Drug Price Control Review Committee and Pharmaceutical Research and Development Committee. Therefore it is obvious that the future policy will remain confined to these area only.

It was mentioned at the very beginning of the document that in the era of globalisation, regulatory control of the Govt. in the pharmaceutical industry would deter growth. The document admitted that many decisions have already been taken by the Govt. which affects drug policy. They are-

·        Abolition of industrial licensing: No Industrial licensing would be required for bulk drugs, their intermediates and formulations if cleared by Drug Controller General. This decision has affected drug industry adversely. Withdrawing of industrial license has forced the country to import more. Reservation of certain drugs for production in the public sector has been withdrawn and its consequences are already felt. Now any one, multinational or Indian sector would be allowed to manufacture any drug or intermediates in our country.

·        Foreign Investment: The decision that foreign direct investment with 100 percent equity in pharmaceuticals industry was taken sometime back. Earlier only 39 percent foreign equity was allowed. Instead of attracting foreign investment the industry experienced a wave of de-industrialisation. Nearly all multinational companies have closed their production plants in India. But all of them had maintained their activity. Now with the given chance of 100 percent foreign equity investment without any compulsion of production activity, these companies will happily import drugs from their parent county.

·        Imports: Earlier drug policy had put some embargo on free import of finished formulations. The Govt. has withdrawn all restriction on import of formulation. This has allowed a sharp rise of import of drugs in our country in the last three years. There will be further jump in this figure in the near future.

·        Foreign Technology Agreement: There will be automatic approval for foreign technology agreement in the cases of bulk drug production. There has been no response from the multinationals in technology agreement following this liberalisation. On the contrary, import of bulk drugs have increased to such extent that the Indian inustry is now demanding for imposition of dumping duty on several imported bulk drugs.  

It is recommended in the document that a corpus fund would be formed with Rs. 150 Crores which will provide funds for research. It was not clearly spelled as to from here this fund would come. It is obvious that this fund would be generated through tax on the people. This fund will be given to all private companies-national and multinationals. It means that people will pay for research but the drug invented would remain patented for which people will have to pay high prices. There is no similar system in any other countries. For managing this fund formation of Drug Development Promotion Foundation has been proposed. Nothing has been proposed to fund the Govt. drug research units which have invented process technology for production of largest number of essential drugs so far. It shows that the Govt. is no longer interested to encourage these premier institutions. In the document definition of research based industry is kept in such a manner that virtually no Indian drug industry would be able to utilise such scope. For example, in order to enable such facility a company must have 100 Indian research scientists and should have ten patents to their credit. Ultimately, this advantage would be utilised by the multinational companies only. 

Most of the recommendations in the document have been made in the area of drug prices. The document in the tune of the industry stated that it aims ‘to remove rigors of Price Control particularly in view of the ongoing process of liberalization.’ Drug prices Control Order (DPCO) is now applicable to a meagre 63 drugs only. The spate of price rise has now become enormous. The document also spelled that any abnormal rise of prices would be kept on watch. But how the prices of drugs beyond price control could be performed has not been thought of. The document mentioned that the price control on drugs will remain vey notional only. The other process of the existing DPCO was that price of the single brand are controlled if its sale goes more than Rs. 4 crores in a year. The document recommends that this limit should be raised to Rs.20 Crores. With this immediately about 40 top selling brands would go out of price control.

Anxiety was expressed in the document about the high prices of the imported formulations. It recommended that not more than 50% profit to the landed cost of the imported drugs would be allowed. It is paradoxical since the largest amount of formulations are imported from the multinationals, the prices would be kept high much before importation. The multinational drug companies in number occasions were caught for inflating prices through transfer pricing system. 

It was admitted in the document that the manufacturers provide a large amount of commission to the wholesalers which should be controlled. There is no process so far evolved by the Govt. to control the unannounced sales commission given by the drug companies. Apart from the declared commission drug companies provide excess goods as undeclared commission where no documents are maintained. No measure has so far been recommended in this regard. 

There is very little mention in the   document about quality control. It was proclaimed that the Ministry of Health and Family Welfare would progressively benchmark the regulatory standard against those adopted in developing countries, for manufacturing. With the present inadequate machinery, it is impossible to assure quality control watch. The large amount of fund required for developing testing laboratories and the drug control structure in the sates, it is beyond imagination that how the Govt. can think of benchmarking the standard to those of the developed countries.

The ‘Pharmaceutical Policy-2001’ envisaged in the document is simply a devise to provide more advantages for the multinationals and complete destruction of self-reliance of the drug industry. This policy by all means should be opposed.

Interestingly, the document made its recommendations with a conjecture that Indian Patents Act has been changed totally as envisaged in the Patents Amendment (Second) Bill. The fact is that the global opinion against the IPR chapter of WTO agreement had forced the Doha Ministerial meeting to agree to reconsider changing certain provision for the shake of people’s health.

 Full report about the General Council Meeting shall be published in the next FMRAI NEWS

Recent Publication: A 32 pages campaign booklet Titled as ‘Access to Essential Medicine’ published on January.2002 shall also be available on-line


For More Information Contact:

FEDERATION OF MEDICAL & SALES REPRESENTATIVES’ ASSOCIATIONS OF INDIA
372/21 Russa Road Est, Kolkata-700 033, INDIA
Tel: +91-33-4242862
FAX:
Internet: fmrai@vsnl.net

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