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    Counterfeit Medicines

    & Japan

    1st ASEAN-CHINA Conference on combating

    Counterfeit Medical Product (Jakarta)13-15 November 2007

    Kazuko KIMURA Prof. Ph.DDrug Management and Policy

    Graduate School, Kanazawa University

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    Framework of the Anti-CounterfeitingFramework of the Anti-Counterfeiting

    Trade Agreement (ACTA) Oct23 2007Trade Agreement (ACTA) Oct23 2007

    - Proposed by Junichiro Koizumi, ex-prime minister,Japanin 2005 at Gleneagles summit

    - Counterfeits and piracies threat not only to economics but

    also to consumers health and safety- A meeting to be held in Geneva 2007- The TOYAKO Summit 2008 will take stock of the progress

    - Watch its effectiveness against counterfeit

    medical products

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    Activities by WHO and Japan on Counterfeit MedicinesActivities by WHO and Japan on Counterfeit Medicines

    (ctd)

    WHO1985 Conference of Experts on

    Rational Use of Drugs (Nairobi)

    1992 WHO/IFPMA InternationalWorkshop on Counterfeit Drugs

    1995-7 WHO Project on Counterfeit

    Drugs

    JICWEL : Japan InternationalCooperation of Welfare Service

    JPMA : Japan Pharmaceutical ManufacturersAssociation

    Japan1985 Participated in the conference

    1989- JPMA Study Courses onPharmaceutical Quality Control

    Supply of Reference Substances

    1993-1996 JICWELS Counterfeit Drug Project

    1995-7 Supported the WHO project

    1997 JICWELS published Rapid Examination

    Methods against Counterfeit andSubstandard Drugs (REMCSD)

    1997- JICWELS Study Programme onManifacturing Control of Essential Drugs

    2000 JICWELS Issued 2nd Version ofREMCSD

    English Chinese Ukrainian GermanyIndonesia

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    Overview of ActivitiesOverview of Activities

    WHO2006 18 Feb

    DECLARATION OF ROME

    2006 Nov 1st IMPACTGeneral Meeting (Born)

    2006-2007 Working GroupActivities

    2007 Nov 1st ASEAN-CHINAConference (Jakarta)

    2007 Dec 2nd IMPACT

    General Meeting (Lisbon)

    Japan2003-2005JICWELS: Counterfeit Drug

    Combating Project: Cambodia LaosMalaysia Thailand Vietnam

    2006-2007 Participated in IMPACT2006 JPMASupported FAPA congress

    symposium on Counterfeit Drugs

    2006- JPMA & Cambodian Ministry ofHealth Project of CombatingCounterfeit Medicines

    JPMA Donated HPLC, AAS(CAMBODIA / Laos)Dispatch Experts for Technical Transfer

    and Training

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    Lessons learnt from JICWELS CounterfeitLessons learnt from JICWELS Counterfeit

    Drug Combating Project in Lao PDR (2003)Drug Combating Project in Lao PDR (2003)

    Counterfeit medicines (n=75) : 4 (5%) (2 Ampicillin, Chloramplenicol, Quinine)

    Substandard medicines in terms of quantity(n=76) : 28(37%)

    - Suspect counterfeit medicines exist in Lao PDR.

    - Substandard medicines is a larger problem.

    - The efforts to ensure quality of medicines becontinued and strengthened

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    Lessons learnt from JPMA/MOH ProjectLessons learnt from JPMA/MOH Project

    of Combating Counterfeit Medicines inof Combating Counterfeit Medicines in

    Cambodia 2006-Cambodia 2006-1. Different definitions change the prevalence of

    counterfeit medicines :0 by WHO definition

    2(0.79%) by Cambodian definition(Unregistered ones out of specification)

    2. Functional registration system be established.(i) 42 out of 200 labeled registration were judged wrong

    by FDA(ii) 7 out of 9 medicines failed in laboratory tests were

    registered

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    Q1 Legislation to combat counterfeitQ1 Legislation to combat counterfeitmedical productsmedical products

    Pharmaceutical Affairs Law prohibits counterfeitmedicines from sales, grants, store and exhibit for sales

    or grants. (article 55) The violator is sentenced to imprisonment less than

    three years and/or subject to penalties less than threemillion yen (US$25,000). (article 84)

    Q2 National definition of counterfeitQ2 National definition of counterfeitmedical productsmedical products Counterfeits are defined as goods that infringe

    patents right, utility model rights, design rights and

    trademark rights.

    Country ProfileCountry Profile

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    Q3 Gaps/Insufficiencies in currentQ3 Gaps/Insufficiencies in current

    legislationlegislation

    Counterfeit medicines have not been detected inlegitimate channels in Japan. But counterfeit erectiledysfunction (ED) treatment medicines are increasinglysmuggled. In addition, personal imports of medicalproducts for their own use are vulnerable to counterfeit.This may mean that the legislation is not deterrentenough.

    Q4 Implications of these gapsQ4 Implications of these gaps

    The counterfeit medicines would be more rampantin Japan in the near future.

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    Q5 What is being done to fill the gaps?Q5 What is being done to fill the gaps?

    In July 2007 the ad hoc Committee for the expediousprovision of medicines for the Ministry of Health, Labourand Welfare (MHLW) stresse a necessity to controlpersonal imports of pharmaceuticals. MHLW

    strengthened the warning against personal imports bygeneral public, esp. through brokers on internet.

    Japan Customs has admitted import suspensionagainst infringement over trademarks properties of

    VIAGRA, Pfizer, LEVITRA, and CIALIS and thepatent property of pyrazol pyrimidin (sildenafil citratetablets).

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    Q6 National CoordinationQ6 National Coordination

    The APEC IPR Service Center wereestablished to enhance the protection of

    intellectual property rights (IPR), esp. the controlof counterfeit and pirated products.

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    Number of CasesNumber of CasesSUSPECTED CONFIRMED IMPORTED

    /DOMESTIC

    NUMBER OF ROSECUTIONS

    (Informal Sector)

    2006 42(107,000tab Viagra) imported

    2005

    By Enforcement / investigation work

    and Reported by affected manufacturer (Pfizer)

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    Thank youThank you

    Kanazawa University HospitalKanazawa University Hospital