<br>From: Intal - Wim De Ceukelaire <<a href="mailto:wim.deceukelaire@intal.be">wim.deceukelaire@intal.be</a>><br><div class="gmail_quote"><div><br></div><div>Garance is right to call for caution. What's the problem actually? The fact that a certain medicine is counterfeit or that it's substandard? It depends on who you would ask this question to. For the pharma business it's the counterfeit that's the problem because it erodes their profits. For the people it's the fact that there's substandard medicines in the market because it undermines their health. It goes without saying that this is also the PHM's position.<br>
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This is not just a semantic discussion because the answer to substandard medicines is <u>not</u> the enforcement of anti-counterfeit measures. This is explained very well in an excellent recent Oxfam International report, "Eye on the ball" <a href="http://www.oxfam.org/en/policy/eye-ball" target="_blank">http://www.oxfam.org/en/policy/eye-ball</a> . This report explains the issues Garance is referring to.<br>
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The pharma industry is obscuring the issue and trying to sow confusion about the definition of 'counterfeit'. Therefore it's useful to take note of the definitions of substandard medicines, falsified medicines and counterfeit as they are used by Oxfam (and the broader genuine NGO community):<br>
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<b>Substandard medicines</b><br>
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Substandard medicines are medicines that do not meet quality standards or scientific specifications for the product as defined under World Health Organization guidelines. They may contain the wrong type or concentration of ingredient, or they may have deteriorated during distribution in the supply chain and thus become ineffective and dangerous.<br>
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<b>Falsified medicines</b><br>
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Falsified medicines are medicines for which the identity, source or history of the product is misrepresented. Such products may be falsified, or fake, in terms of composition or ingredients, or they may be falsely labeled, meaning that the information provided about the product is inaccurate.<br>
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<b>Counterfeit medicines</b><br>
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Counterfeit medicines are products that involve criminal trademark infringement. Only a subset of substandard and falsified medicines in developing-country markets is linked to criminal trademark infringement (counterfeiting). Therefore, new anti-counterfeit measures will do little to address the broader public health problem of substandard drugs.
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Let's make a crime of deliberately commercializing substandard medicines. Shouldn't we also make a crime of monopoly pricing by the pharma TNCs? of preventing the distribution of scientific information on life-saving drugs through intellectual property rights? of pressuring low-income countries into accepting the stringent IPR enforcement provisions of free trade agreements? <br>
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