Specialised international organisations already
carried out substantial work to combat counterfeiting, with greater emphasis on
the protection of intellectual property rights. However, there is a general
recognition that, along with the violation of intellectual property rights,
counterfeiting of pharmaceutical products and medical devices puts public health
and the health of individuals at risk and therefore needs to be addressed as a
matter of urgency
Substantial initiatives in the fight against
counterfeiting have been taken by the World Health Organisation (WHO). On 18
February 2006, at the Rome International Conference on Combating Counterfeit
Medicines, the WHO adopted a declaration stating that “counterfeiting medicines
…is a vile and serious criminal offence that puts human lives at risk and
undermines the credibility of health systems.” So far, however, it has not been
possible to elaborate a binding international instrument on this subject within
the WHO.
In response to the threat by counterfeit
pharmaceuticals, the WHO officially launched in November 2006 a global task
force IMPACT (the International Medical Products Anti-Counterfeiting Taskforce)
involving more than 20 international partners. Its terms of reference cover
policy proposals and recommendations on legislation and enforcement and include
initiatives for the application of new technologies to the detection of
counterfeits, and technology transfer to developing countries. The Council of
Europe contributes to its work programme.
The European Union has been active in its fight
against counterfeiting. Currently, on the basis of a proposal from the European
Commission, the Council of the European Union and the European Parliament are
examining a set of criminal law measures to supplement civil law and customs
action to fight against intellectual property rights violations. The draft
directive in preparation addresses issues of intellectual property in general
and is not limited to pharmaceutical products or medical devices only.
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