ABOUT THE BOOK
Numerous anti-counterfeiting initiatives driven by an intellectual property enforcement agenda have emerged in international organisations.
The World Health Organisation has also accelerated action against ‘counterfeit medicines’, through the International Medical Product Anti-Counterfeit Taskforce (IMPACT). The WHO’s approach has resulted in concerns that legitimate generic medicines may get caught up in the web of definitions and enforcement of ‘counterfeit products’, with adverse consequences for access to medicine as well as legitimate trade.
This book discusses the background to the issue of ‘counterfeit medicines’ in the WHO as well as the problems of using the term ‘counterfeit’ (in connection with intellectual property rights violations) to refer to products with compromised quality, safety and efficacy issues against a background of anti-counterfeiting initiatives in the context of IP enforcement aggressively being pushed by businesses and governments of the Organisation for Economic Cooperation and Development (OECD).
The book also discusses origins of the IMPACT and analyses issues and concerns about the Taskforce pertaining to legitimacy, transparency, accountability, links to IP enforcement, and the creation of barriers to trade in, and access to, affordable generic medicines.
ABOUT THE AUTHORS
K M GOPAKUMAR is a legal adviser to the Third World Network based
SHASHIKANT is a legal adviser to the
Chapter 1. INTRODUCTION
Chapter 2. WHO AND COUNTERFEIT DRUGS
Chapter 3. ANTI-COUNTERFEITING INITIATIVES
3.1 G-8 Countries’ Initiatives on Counterfeits
3.3 Initiatives of the European Union
3.4 World Customs Organisation
3.6 World Intellectual Property Organisation
3.7 Anti-Counterfeiting Trade Agreement
3.8 Industry and the IP Enforcement
Chapter 4. INTERNATIONAL MEDICAL PRODUCT ANTI-COUNTERFEIT TASKFORCE
4.1 Establishment, Organisational Structure and Outcomes
4.2 IMPACT and the IP Enforcement Agenda
4.3 Participation, Transparency and Standard-Setting Activities
4.3.3 Standard-Setting Activities
4.3.4 TRIPS-Plus Agenda
4.3.5 Non-Tariff Barriers: Undermining Generic Production and Parallel Trade
4.4. IMPACT: Faulty Approach
Chapter 5. COUNTERFEIT: MEANING AND DEFINITION
5.1 IFPMA-WHO Definition
5.2 IMPACT’s Definition of Counterfeit in 2007
5.3 IMPACT’s Definition of Counterfeit in 2008
5.4 Implications for Access to Medicines
Chapter 6. COUNTERFEIT AND PROBLEM OF DATA
Chapter 7. CONCLUSION
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