No. 24

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International Cooperation in Preventing the Distribution of Counterfeit Medications

15 December 2011

Studies

RiTo No. 24, 2011

  • Tiina Titma

    Doctoral Candidate, Institute of Political Science and Governance, Tallinn University

The article is based on the master’s thesis on the Council of Europe Convention on Counterfeiting of Medical Products and Similar Crimes involving Threats to Public Health and related legal aspects.

The reader is introduced some results of this analysis, including results that are important for Estonia. As it is known, there is a widespread trend in the world to synthesise and market different substances having an effect on organisms, including psychotrophic substances that have not been included in the lists of narcotic drugs and psychotrophic substances. In order to maximise profit, the regulations on minimising threats to public health are not observed, and in several countries such regulations are insufficient. The profit gained in marketing such substances and the risk of punishment are not in correlation to the threat to public health. The European Court of Justice has taken the position that the responsibility of a state for protecting the rights of persons does not depend on whether or not the state has integrated European law into its law. In many states there is no definition of counterfeit medication. Production of counterfeit medications has become a remarkable source of profit for organised crime and terrorist groups. The author finds that in the interests of public health it is again necessary to pay closer attention to the sphere of medical products, which up to now has been one of the most regulated and reliable spheres, and on which the health of us all depends.

Full article in Estonian

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