With the industry yet to reach consensus on the pending Uniform Code of Pharmaceutical Marketing Practices (UCMP) aimed at reigning in the pharma companies involved in unethical trade practices, the fate of the issue still hangs in balance even as a section of the industry wants to go ahead with the same code.

Though the pharmaceutical department took the initiative one year back to bring all associations round the table and hammer out a uniform code to be followed strictly by the member companies, a final document still seems to be distant as differences persisted between the associations even now. The last meeting chaired by the Pharma secretary in December, 2009, discussed a draft UCMP but the SME Pharma Industries Confederation (SPIC) had objected the same which did not have any legal binding. "SPIC had the following two different views: (i) all medicines where ingredients are changed, same brand name should not be allowed. (ii) all the medicines which are on shelf for more than five years should not be allowed promotional expenses," according to the minutes of the meeting.

The Secretary had asked the associations to settle the differences through mutual consultations and come out with the uniform code, but it is learnt that no effort had been made yet in this regard. SPIC which chose to disapprove the UCMP, was yet to be contacted by other organisations like IDMA or OPPI which was entrusted with the task of framing the UCMP. A SPIC leader said they did not get any communication from any other organisation for consultations.

However, it is learnt that the IDMA and OPPI had approached the Pharma Department saying that the vast majority of the industry supported the UCMP and sought the approval from the department to the same. The two major associations claimed that they had circulated the copy of the minutes of the meeting and the UCMP for the comments and they were yet to get any response from the SPIC or IPA.

"Since there had been no communication from SPIC disagreeing with either the minutes of the meeting or the joint working group plan or the draft of UCMP, IDMA and OPPI proceeded in good faith on the assumption that SPIC was in agreement with the process and the draft. We are still hopeful that SPIC will come around to the common position of the majority of the associations and we seek your intervention in the matter," according to a letter sent by the two organisations to the department.

"More over, the fact that IDMA, OPPI, CIPI and FOPE are in agreement with the UCMP which recognises that the vast majority of the pharmaceutical industry is in favour of such uniform code. Hence we humbly request you to support the UCMP and give the industry associations an opportunity to voluntarily practice the self regulatory mechanism for their respective member companies," the letter said.

Reacting to this development, a senior SPIC leader said his organisation stuck to the earlier stand and it could not support the draft code in its current form as it had no legal validity. He also expressed apprehension that the organisations representing the large scale sector were trying to bypass others to impose the voluntary code on the entire industry, so that nothing really could change in arresting the growing trend of illegal trade practices.