Counterfeiting and illicit drug sales. Effects on intellectual property rights

• Author: Carmen Oana Mihaila
• Position: Department of Law and Administrative Sciences, Faculty of Law University of Oradea
• Pages: 39-53

Counterfeiting and illicit drug sales.

Effects on intellectual property rights

Lecturer Carmen Oana MIHĂILĂ

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Abstract

The ability of man to be inventive and creative has led to economic development

and social progress, but also to the creation of a real danger to his health and life when

talking about the counterfeit and falsified drug market

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. Ensuring the observan ce of

intellectual property rights is essential worldwide in public hea lth or safety policies, as

counterfeiting poses a threat to people. The consequences of medication counterfeiting on

health are quite difficult to assess. The methods of counterfeiting a nd the ways in which

such drugs reach consu mers are diverse. We are talking about direct sale, import,

packaging change (original packag ing, but counterfeited drug), falsification of the

prospectus or attachment of a leaflet in another language, application of counterfeit

(holograms) on packaging, advertisements, on the Internet, by press, fictitious terms of

validity. The paper analyzes the national provisions containing regulations related to the

sale and counterfeiting of medicines, as well as the European ones in the field, as well as

the measures that can be taken to reduce the risk of their use. There are also some

examples of this case related to illicit selling and counterfeiting of medicines.

Keywords: counterfeiting of medicines, infringement of intellectual property rights,

organized crime, public health threat

JEL Classification: K14, K32, K39

1. Introduction

The usual definition of the verb to counterfeit shows that it means "to

reproduce an object, an original preparation for fraudulent purposes, considering

it as authentic, to forge”

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.

Counterfeiting in the field of intellectual property means the

infringement of exploitation rights, infringement of the right to prohibit the use of

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Carmen Oana Mihăilă - Department of Law and Administrative Sciences, Faculty of Law,

University of Oradea, carmen.oana.mihaila@gmail.com.

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Law no. 95/2006 on health reform defines the notion of medicine in art. 699 „as any substance or

combination of substances presented a s having properties for the treatment or prevention of

diseases in humans; or any substance or combination of substances which may be used or

administered to human beings or for the restoration, correction or modification of physiological

functions by the conduct of a pharmacological, immunological or metabolic action or for the

establishment of a medical diagnosis.”

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https://dexonline.ro/intrare/contraface/12699, accessed on 06.10.2017.