Case study 12A-From Herbal Folklore to Modern Medicine

ADAMSON UNIVERSITY CIVIL ENGINEERING DEPARTMENT CE 308-INTELLECTUAL PROPERTY Case study 12-From Herbal Folklore to Modern Medicine

PRESENTATION BY: AQUINO, MARK WARREN M. BRAVO, JON ERIZ S. REFORMADO, KIM PAOLO A.

PRESENTATION TO: TOMAS U. GANIRON JR, PhD.

National Integrated Research Program on Medicinal Plants, Philippines ❑ 1974. THE UNIVERSITY OF THE PHILIPPINES MANILA (UPM), SEVERAL OTHER UNIVERSITIES AND GOVERNMENTAL RESEARCH AGENCIES WORKING UNDER THE DEPARTMENT OF SCIENCE AND TECHNOLOGY (DOST) COLLABORATED ON THE FORMATION OF THE NATIONAL INTEGRATED RESEARCH PROGRAM ON MEDICINAL PLANTS (NIRPROMP). ❑ NIRPROMP. WAS ESTABLISHED TO ADDRESS THE RISING COSTS OF IMPORTED PHARMACEUTICAL PRODUCTS, ESPECIALLY THOSE USED FOR FREQUENT AILMENTS SUCH AS THE COMMON COLD, FEVER AND HEADACHES. ❑ 1995. NIRPROMP ISOLATED VITEX NEGUNDO, ALSON KNOWN AS “LAGUNDI”,AS A NATRAL SOURCE FOR DEVELOPING AN EFFECTIVE HERBAL MEDICINE.

INVENTION FOLLOWING THE SUCCESSFUL DEVELOPMENT OF LAGUNDI COUGH TABLETS, NIRPROMP RESEARCHERS WORKED TO ALSO DEVELOP THE MEDICINE IN A SYRUP FORM. ❑ 1999. NIRPROMP SUCCESSFULLY ALTERED THE FORMULATION FOR LAGUNDI COUGH TABLETS INTO A LAGUNDI COUGH SYRUP ❑ THE NEW SYRUP FORMULATION USES DECOCTION TO EXTRACT THE ORGANIC COMPOUNDS FROM LAGUNDI LEAVES. DECOCTION

UTILITY MODEL BECAUSE NIRPROMP’S RESEARCH WAS FUNDED BY DOST AND WAS A COLLABORATION BETWEEN UPM AND PCHRD, A SECTORAL COUNCIL OF DOST ❑ALL INTELLECTUAL PROPERTY (IP) IS MANAGED AND OWNED BY DOST. ❑1999. DOST APPLIED FOR A UTILITY MODEL WITH THE INTELLECTUAL PROPERTY OFFICE OF THE PHILIPPINES FOR AN HERBAL PHARMACEUTICAL COMPOSITION THAT IS BASED ON LAGUNDI. ❑ FEBRUARY 2OO1. THE UTILITY MODEL WAS APPROVED AND ISSUED

LICENSING AND COMMERCIALIZATION ❑HERBAFARM. THE FIRST LICENSEE FOR THE LAGUNDI. ❑HERBAFARM IS A FILIPINO PHARMACEUTICAL COMPANY WHICH USED LAGUNDI GROWN FROM ITS OWN FARMS AND AT AN IN-HOUSE MANUFACTURING FACILITY AT A DOST COMPOUND. ❑PASCUAL LABORATORIES. ALSO A FILIPINO PHARMACEUTICAL COMPANY BECOME MOST SUCCESSFUL LICENSEE OF LAGUNDI TECHNOLOGY. ❑1996. PASCUAL’S PRODUCT WAS APPROVED BY BUREAU OF FOO AND DRUGS AND CONTINUE TO BE ON SALE IN THE MARKET.

❑ISSUE MEDICAL PROFESSIONALS AND SOME IN THE PUBLIC DID NOT CONSIDER HERBAL MEDICINE TO BE AN EFFECTIVE FORM OF MEDICAL THERAPY.

❑SOLUTION To counter this problem, Pascual launched a marketing campaign to improve the image of herbal treatments and lagundi cough medicine.

• FIRST SRATEGY, TO PROMOTE THE DRUG DIRECTLY TO THE MEDICAL PRACTITIONER. • SECOND, IN 1997 PASCUAL SUBMITTED IT TO THE INTERNATIONAL EXHIBITION OF NEW PRODUCTS, INVENTIONS AND TECHNIQUES IN GENEVA, SWITZERLAND, TO VERIFY ITS EFFECTIVENESS AND IT WAS AWARDED THE SILVER CERTIFICATE FOR R&D

❑LATE 1990S AND 2000’S. PASCUAL AND OTHER PHARMACEUTICAL COMPANIES MARKETING LAGUNDI COUGH MEDICINE PICKED UP THE PACE OF THEIR ADVERTISING CAMPAIGNS

❑2006. PASCUAL WAS RUNNING TELEVISION COMMERCIALS DURING POPULAR MORNING SHOWS AND ADVERTISING ON THE RADIO AND BILLBOARDS. ❑2009. HERBS AND NATURE CORPORATION ENTERED INTO A LICENSING AGREEMENT AND LAUNCHED ITS OWN LAGUNDI COUGH MEDICINE ❑2010. HERBCARE AND PHARMACARE ALL DID THE SAME AND INTRODUCED LAGUNDI COUGH MEDICINE PRODUCTS TO THE MARKET.

TRADEMARKS RECOGNIZING THE NEED TO PROTECT ITS POPULAR BRAND NAMES AND THE SUCCESS OF THE EFFORTS OF PASCUAL AND OTHER COMPANIES ❑JANUARY 2011. PASCUAL APPLIED FOR TRADEMARKS WITH IP PHILIPPINES FOR ASCOF, ASCOF LAGUNDI, AND A STYLIZED LOGO THAT INCLUDES AN IMAGE OF A LAGUNDI LEAF ❑FEBRUARY 2009. TREVENODD CORPORATION (TREVENODD), A NEWCOMER TO THE INDUSTRY, APPLIED FOR A TRADEMARK REGISTRATION FOR ITS PLEMEX BRAND LAGUNDI COUGH MEDICINE, WHICH WAS REGISTERED IN AUGUST OF THAT SAME YEAR.

TECHNOLOGY TRANSFER ❑2009. THE TECHNOLOGY FOR LAGUNDI TABLETS AND SYRUP WAS TRANSFERRED THROUGH LICENSING AGREEMENTS BETWEEN PCHRD, A GOVERNMENT ENTITY, AND THE PRIVATE SECTOR. ❑REPUBLIC ACT 10055, OTHERWISE KNOWN AS THE “PHILIPPINE TECHNOLOGY TRANSFER ACT OF 2009” ❑OCTOBER 2010. AZARIAS PHARMACEUTICAL LABORATORIES, INC. (AZARIAS) MADE AN APPLICATION TO UPM TO BECOME THE FIRST LICENSEE OF LAGUNDI SYRUP UNDER THIS NEW FRAMEWORK. ❑JANUARY 2011. THE LICENSING AGREEMENT WAS THE FIRST OF ITS KIND BETWEEN A PUBLIC R&D ORGANIZATION (UPM) AND A PRIVATE CORPORATION (AZARIAS) IN THE PHILIPPINES SINCE THE ACT WAS RATIFIED IN 2010.

BUSINESS RESULT ❑1994. LAGUNDI COUGH MEDICINE WAS FIRST LAUNCHED IT FACED AN UPHILL BATTLE OF CONSUMER SKEPTICISM ❑THE DRUF HAS BEEN A SUCCESS FOR THE COMPANIES THAT HAVE BEEN COMMERCIALIZED IT AS WELL AS NIRPROMP, PCHRD, AND DOST

❑2009. THE ROYALTIES RECEIVED BY THE DOST INCREASED FROM PHP 160,000 (APPROXIMATELY US $4,000) IN 1997 TO PHP 9,751,000 (APPROXIMATELY US $210,000) ❑THE SUCCESSFUL COMMERCIALIZATION OF LAGUNDI HAS ALSO BEEN BENEFICIAL FOR THE MANY FARMERS THAT GROW AND SELL THE SHRUB TO MANUFACTURERS