A crime against society

The COVID-19 pandemic has put a spotlight of the bravery of the health workers fighting on the frontlines, and the heroics of all those struggling to keep their lives as normal as possible. It has also brought a new perspective on what is possibly the most despicable of IP crimes – the fake drugs industry.

Yesterday I outlined in an article how the EUIPO is using teleworking and team spirit to continue to serve our customers and work with stakeholders across the full range of the Office’s activities. As part of this ‘normal work’, the Office published a joint study with the OECD on the threat of counterfeit pharmaceuticals.

Based on customs seizures between 2014-2016, counterfeit antibiotics, lifestyle drugs and painkillers are the most common targets of this illegal trade, which has an estimated total value of up to €4.03 billion (USD 4.4 billion).

This study could not be more timely, as it underscores a point that has been made time and time again by IP and enforcement professionals – IP crimes are not ‘victimless crimes’.

At present, when access to reliable healthcare must be at the forefront of everyone′s mind, the statistics just mentioned are a wakeup call.

The launch of the study, attended by over 120 people, including top industry professionals, via a virtual video conferencing platform, included some chilling anecdotal evidence from participants.

Speakers related very recent examples of thousands of fake masks being seized by customs, fake COVID-19 testing kits seized in the UK, and fake medicines in online pages promising protection or cure for the new virus.

There were also calls from Industry for recommendations to governments of a range of measures to help solve the problem.

This is a global problem, needing global solutions. In response, enforcement must be more joined-up, with all stakeholders working together. A consensus is emerging that it must have higher priority and a higher profile among policymakers.

The study shows that India and China the largest producers of counterfeit pharmaceuticals at global level, and Singapore and Hong Kong the most important transit points in the counterfeit pharmaceutical supply chain.

This illicit industry is facilitated by the growth in small package shipments by parcel post or letter packets, which are more difficult for customs officers to detect.

Fake goods of all sorts, whether they are spare parts that may fail, dangerous children’s toys, shoddy fashion items, or in this case, counterfeit medicines, are at the very least deceitful, and often deadly.

This industry, in all its aspects, also feeds the coffers of international criminal gangs.

When it comes to IP crime, and fake drugs in particular, the whole of society is a victim.