[e-drug] WHO-led anti-counterfeiting coalition (3)

["Kevin Outterson" <Kevin.Outterson@mail.wvu.edu>]

E-DRUG: WHO-led anti-counterfeiting coalition (3)
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 I agree that everyone should be much more precise in their language and statistics in this area.  I've written a short article on this issue:  http://ssrn.com/abstract=926985.

News media reports about non-brand name drugs often conflate several distinct categories.  Generic drugs are frequently called "knockoffs," which sounds like illegal copies in other industries.  Fully efficacious drugs produced under TRIPS-compliant compulsory licenses are falsely claimed to have been produced by "breaking the patent" or "violating IP law."  

In its press releases, the US FDA conflates parallel-traded legitimate product with outright counterfeits containing no active ingredients, using overly inclusive terms like "fake drugs."   Each of these categories have distinct causes and effect; for some, the public health impact is very positive.  It is improper and misleading to treat them all similarly. 
 
Kevin Outterson
 
Professor of Law 
West Virginia University
304 293 8282  kevin.outterson@mail.wvu.edu
SSRN Author Page:  ssrn.com/author=340746
"Kevin Outterson" <Kevin.Outterson@mail.wvu.edu>