The Convention defines "medical product" as including
medicinal products and medical devices. It applies to generics, as
well as irrespective of whether a medical product is protected by
intellectual property rights.
The Convention defines the following as crimes:
Manufacturing counterfeits and/or
adulterations of products.
Supplying, offering to supply, and
trafficking in counterfeits.
Unauthorized manufacturing, keeping
stock for supply, importing, exporting, supplying, offering to
supply, or placing on the market of medicinal products.
Commercial use of original documents
outside their intended use within the legal medical product supply
Aiding, abetting, or attempting any
of the crimes outlined in the Convention.
The Convention introduces criminal liability for natural persons
and legal entities. Criminal actions based on these crimes would
not require complaints by victims or third parties.
The Convention outlines imprisonment for manufacturing,
supplying and trafficking counterfeits. It also contemplates
confiscation of products and documents which are subject to the
crimes (or used in the crimes), as well as revenues obtained as a
result of crimes.
The Convention suggests preventive measures, including
regulations on quality and security specifications, creating
awareness, as well as providing education.
The Convention suggests measures to protect victims. These
include helping victims to access information on relevant issues,
supporting recovery and criminal actions, as well as providing a
right to claim compensation.
The Convention would constitute a legal basis for extradition
and mutual legal assistance if compatibility issues arise between
Please see this link for the full text of the
Information first published in the MA | Gazette, a fortnightly legal update newsletter
produced by Moroğlu Arseven.
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