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Workshop on Identification and Interdiction of Counterfeit Medicines in Ukraine

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CLDP and USPTO, in cooperation with the U.S. Embassy in Ukraine, held a three-day workshop, on May 18-20, on Identification and Interdiction of Counterfeit Medicines in Kyiv. The workshop aimed to increase the understanding of Ukraine's officials, specifically its law enforcement and regulatory agencies, of the most effective methods and techniques to combat the trade in counterfeit medicines. Ukrainian participants included investigators, prosecutors, judges, customs officials, government regulators, NGOs, and private sector representatives.
 
United States Government speakers represented USPTO, the U.S. Food and Drug Administration, U.S. Immigration and Customs Enforcement, a judge from the Court of Appeals of the Sixth Circuit and an Assistant U.S. Attorney. Representatives from Eli Lilly, Pfizer, Sanofi-Aventis and Merck traveled to Ukraine to take part in a private sector panel discussion about the need for increased cooperation between the private sector and the Government of Ukraine. HP spoke about the novel use of track and trace technologies in combating the trade in counterfeit medicines.
Approximately 10 days after the CLDP and USPTO Workshop, which resulted  in a recommendation to the Rada to adopt Draft Law 7146 (introducing criminal penalties for production of and trade in counterfeit medicines), the Supreme Rada of Ukraine approved Draft Law 7146 in the first reading. The draft law envisages amendments to the Law of Ukraine "On Medicines", the Criminal Code, the Criminal Procedural Code and the Code on Administrative Infringements. The amendments would define “counterfeit medicines” and introduce criminal penalties of up to 10 years in prison, confiscation of counterfeit medicines, raw materials, vehicles and equipment used for production and confiscation of property of the person found guilty of production of and/or trade in counterfeit medicines. The draft law also introduces administrative penalties with regard to the production of and trade in counterfeit medicines. These recent developments are a step forward in ensuring adequate criminal penalties for the production of and trade in counterfeit medicines and highlighting the importance of effective enforcement in Ukraine.

Through continued collaboration with its USG partners and Ukrainian interlocutors, CLDP will work to increase the adequacy and efficiency of law enforcement agencies in combating the trade of counterfeit medicines in Ukraine, lessen the burden of complying with trade regulations for businesses involved in the trade of legitimate medicines, and increase the efficiency of IPR enforcement in Ukraine.

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