By Marcela Bittar Araujo Lima andMauricio Yonamine

Counterfeiting of medicines, also known as “falsification” or “adulteration”, is the process in which the identity, origin, or history of genuine medicines are intentionally modified. Currently, counterfeit medicines are a global crisis that affects and is mostly caused by developing countries in Asia, Africa and Latin America. These countries lack strict law enforcement against this practice and have low-income populations with medicinal needs. Lately, the crisis has escalated, impacting developed countries as well, e.g., the US and the EU, mainly via the Internet. Despite this extension, some current laws aim to control and minimize the crisis’ magnitude. Falsification of medicines maintains an illegitimate supply chain that is connected to the legitimate one, both of which are extremely complex, making such falsification difficult to control. Furthermore, political and economic causes are related to the crisis’ hasty growth, causing serious consequences for individuals and public health, as well as for the economy of different countries. Recently, organizations, technologies and initiatives have been created to overcome the situation. Nevertheless, the development of more effective measures that could aggregate all the existing strategies into a large functioning network could help prevent the acquisition of counterfeit medicines and create awareness among the general population.

  Brazilian Journal of Pharmaceutical Sciences, vol. 59, 2023.

By Eric Przyswa

The combat against counterfeiting started during the 1980s and, at that time, was limited to sectors where it was frequently the consumer who asked for the product, and was even party to the purchase. Above all, it is only since the start of the 2000s that the situation expanded substantially particularly with the liberalisation of the World Trade Organization, technological developments, containerisation and the significance of China as the world's factory. On the other hand, it was only later that counterfeiting seemed to affect the pharmaceutical sector, at least from the industrial point of view. Studies and reports have covered the involvement of organised crime in 'traditional' counterfeiting, particularly in creative industries (luxury goods, audiovisual). Nevertheless, even if there are more and more discussions on the topics of 'counterfeit medicines' and 'organised crime', very few researchers have analysed the relationship between the two phenomena. Consequently, it appeared that such a report should be written and a dual objective was decided: - To take as objective and as rigorous a view as possible on the reality of the "counterfeiting - criminal organisations" combination in the area of medicines. - From a criminology and strategic standpoint, to give some consideration to what could be done to guide current actions. What about the reality of this phenomenon? How can criminal organisations be characterised in our area of study? Are these organisations transnational? Is the Internet a genuine Eldorado for criminal organisations dealing in medicines? The questions relating to our problems proved to be varied and complex. One of the interests in this research is to offer new food for thought on a potentially real, but still opaque threat for which an interpretation can only be made through a documented, pragmatic and also imaginative approach. In the first part, the framework of our new conceptual study will be explained. It is important to define the counterfeiting and falsification of medicines in a clear field of analysis, presenting the specific features of the Internet in particular. In the second part, we will analyse the reality of the relationship between counterfeit medicines and criminal organisations both in the physical world and on the Internet. Theoretical considerations will also supplement our own thoughts. Thirdly, we will go into detail on the criminological issues raised by our problems. Finally, we will analyse to what extent knowledge of the phenomenon can be improved and therefore eliminated with new forms of expertise.

IRCAM, 2013. 130p.