Counterfeiting and Parallel Trade of Pharmaceuticals - Free movement of goods versus consumer protection

Abstract

The occurrence of counterfeit medicines is a constantly growing problem, which poses a serious threat to human lives. It could also potentially lead to extensive economic implications for affected companies and countries in Europe. The purpose of the present study is to examine whether there is a connection between the free movement of goods and the occurrence of counterfeit medicines. Safety is crucial when it comes to pharmaceuticals; there must be an adequate balance between consumer protection and free trade. For the purpose of the study we have gone through the relevant legislation, case law and doctrine. We have also interviewed persons with knowledge of the area. The results indicate that there is no direct connection between parallel trade and counterfeiting of pharmaceuticals. In order to decrease the occurrence of counterfeiting intensified international cooperation in the fields of legislation and technical measures is necessary. The public must be made more aware of the problems with counterfeit drugs, and the risks associated with buying them. The control system must be improved in order to protect consumers.