Discussion Paper - Anti-counterfeit Laws and Public Health: What to Look Out for

The purpose of the Discussion Paper is to facilitate the UNDP consultation on enforcement of intellectual property rights, in particular anti-counterfeit measures and access to HIV treatment and other essential medicines in sub-Saharan Africa. The Discussion Paper summarizes the developments in intellectual property rights enforcement in the world and in the region. It elaborates on the public health impact of anti-counterfeit laws and discusses whether they are an adequate solution to the legitimate concerns about the quality, safety and efficacy of medicines. The Discussion Paper explores the impact of such laws on the spread of substandard and falsified medicines compared to their impact on good-quality generic medicines, which are essential for the public health systems of most African countries.

The Discussion Paper explores model provisions for the definition of ‘counterfeiting’, criminal liability, powers of seizure and storage, goods in transit, rules on evidence and presumptions and liability for loss of or damage to goods. Discussions of the model provisions evolve around the public health priorities of African countries, and the need to avoid conflation between good-quality generics and substandard and falsified medicines.