The trade in fake and substandard medicines has flourished because of the cost of branded medicines and the lack of access to affordable generic medicines. A huge demand for cheaper medicines therefore exists. As the TRIPS Agreement and FTAs block affordable generic medicines, cheap fake or substandard medicines disguised as the genuine article have filled this gap in the market. Many poor people in desperate need of help will buy them, often from unlicensed, unregulated pharmacies – unwittingly putting their health and lives at risk.
Efforts to combat the trade in fake and substandard medicines have led to the seizure of generic medicines. Why? Because life-saving real generic medicines could be classified as fake or substandard under current, internationally accepted, broad definitions of ‘counterfeit’. An initiative of the World Health Organisation, the International Medical Products Anti-Counterfeiting Taskforce (IMPACT), is currently adding to this confusion by calling for an expansive defintion of ‘counterfeit’ which will almost certainly conflate counterfeits with generics.
We believe ‘counterfeit’ should mean fake. It is vital that definitions are made more specific so that there is no possibility of real generic medicines being seized along with fakes.
The Anti-Counterfeiting Trade Agreement (ACTA), created in response to the trade in counterfeit goods (including medicines), is due to be ratified by the negotiating countries in 2011. ACTA describes itself as a treaty designed to protect consumers from counterfeit goods. But in reality ACTA introduces new TRIPS-plus standards such as extended border measures, which could lead to the seizure of legitimate generic medicines en route to developing countries. Civil society groups and developing countries have expressed their serious concerns over this agreement. We will be keeping an eye on the latest developments surrounding this controversial treaty.
Find out more about Intellectual property and health
World Health Assembly counterfeit medicine resolution
Thanks to all those of you who took action by writing to the UK delegation ahead of the World Health Assembly in 2010. There were heated discussions on this issue at the Assembly, which developing countries believe has been hijacked by those interested in strengthening intellectual property rules, rather than focusing on ensuring good quality, affordable medicines for all.
The outcome of the discussions was the creation of a new working group on counterfeit medicines. The working group will examine the role of the World Health Organisation in the following areas:
- ensuring the availability of good quality, safe, effective and affordable medicine;
- the relationship with the International Medical Products Anti-Counterfeiting Taskforce (IMPACT)
- its role in prevention and control of substandard, spurious, falsely-labelled, falsified or counterfeit medical products.
The working group will make specific recommendations to the next World Health Assembly in 2011.
It is good news that the new working group will be set up with both developed and developing states as members. It is also positive that the emphasis is on public health, not intellectual property or trade. However, addressing the problem of counterfeits and the lack of access to affordable medicines is too critical to simply be delayed.
We will continue to call for fair, pro-poor measures on genuine, affordable medicines to be adopted in the coming months. We will be watching carefully to make sure any new agreements (like the proposed EU-India trade deal) do not put more poor people’s lives at risk by limiting their access to the medicines they desperately need.
Cambodia
The extent of the problem
The issue of fake and substandard medicines is a real problem for the communities we work with in Cambodia. According to the WHO, there are 2800 illegal medicine sellers and 1000 unregistered drugs on the market in Cambodia. In particular medicines that are meant to save the lives of those infected with malaria have been targeted by producers of fake and substandard medicines. Fake and substandard versions of Artesunate, a vital drug given to those with malaria, are widely available throughout the country.
The impacts
Fake and substandard medicines not only cause unnecessary deaths in Cambodia but they have also significantly contributed to the rise in cases of drug-resistance malaria. Increasing levels of drug-resistant malaria along the Thai-Cambodian border is attributable to the widespread availability of fake and substandard drugs in that region. The emergence of drug-resistant malaria puts many more lives at risk.
Last modified: 25/11/2011
