[Ip-health] Cross posting from e-drug (28 November 2008): Counterfeit medicines and WHO

[Thiru Balasubramaniam]

From: Ellen T HOEN <Ellen.T.HOEN@paris.msf.org>
Date: Fri, 28 Nov 2008 13:47:19 +0100
To: <e-drug@healthnet.org>
Subject: Counterfeit medicines and WHO


Dear E-drug readers,

Contrary to recent media reports posted on e-drug MSF has not called on
countries to boycott a WHO meeting on counterfeit medicines. We believe
that counterfeit medicines which are medicines that are deliberately and
fraudulently mislabeled with respect to identity and =8E or source,  are
dangerous for health and authorities need to take appropriate measures
to
stop this criminal activity.

There is a clear role for the WHO to play in making sure that the
anti-counterfeit measures countries put in place are the right measures,
that they are effective and that they do not hamper access to and
trade in
legitimate medicines. This will also require the WHO critically
reviewing
what is being proposed in the context of IMPACT to ensure that no
barriers
to legitimate medicines are put in place.

Some of you have drawn attention on this list to draft anti-counterfeit
legislation that would in fact negatively affect the availability of
generic medicines. We share those concerns and we believe that the WHO
should strongly warn against anti counterfeit measures that throw up
barriers to generic medicines. I refer to a briefing document we
published
in response to the proposed anti-counterfeit legislation in Kenya.
Available at:
http://www.msfaccess.org/resources/key-publications/key-publication-detail/=
?

tx_ttnews%5Btt_news%5D=3D1497&cHash=3Dfa92956fc1

We also strongly believe that the WHO should step up its work on
substandard medicines and that this work should not be overshadowed by
the
current emphasis counterfeit medicines. Substandard medicines are
genuine
products which do
not meet quality specifications set for them. The problem of substandard
medicines is significant but it is distinct from counterfeit medicines
and
requires a different set of interventions.

I refer to the recent paper on the issue of substandard medicines:
J.-M. Caudron, N. Ford, M. Henkens, C. Mace, R. Kiddell-Monroe and J.
Pinel, Substandard medicines in resource-poor settings: a problem that
can
no longer be ignored. Tropical Medicine and International Health,
volume 13
no 8 pp 1062 1072 August 2008.

available at:

http://www.msfaccess.org/fileadmin/user_upload/key-publication/Trop_Med_and=
_

Int_Health_vol_13_Substandard%20Meds.pdf

It is also important to recognise that counterfeiting is only one
particular form of fraud related to the sales of pharmaceuticals.
There are
others that may endanger health and that cannot be affectively dealt
with
through anti-counterfeit measures. See for details:
http://en.wikipedia.org/wiki/Pharma_Fraud

Making sure that people have access to the treatment they need at a
price
they can afford is of course the most significant action to take. If
people
had systematic access to affordable, effective medicines of assured
quality
counterfeiters and others engaging in fraudulent activities would have
very
little space to operate.

Kind regards,

Ellen 't Hoen



______________________________________

Ellen F.M. 't Hoen LL.M.
Director Policy Advocacy

Medecins sans Frontieres
Access to Essential Medicines Campaign
8, rue Saint - Sabin
75544 Paris cedex 11
France

tel: + 33 1 4021 2836
fax: + 33 1 40212960
e-mail: ellen.t.hoen@paris.msf.org
www.accessmed-msf.org

------------------------------------------------------------


Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International (KEI)
thiru@keionline.org


Tel: +41 22 791 6727
Mobile: +41 76 508 0997