E-DRUG: Counterfeit Medicines: Some information & activities (2)
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Counterfeiting is a violation of trademark law - misleading as to the source of the drugs.
Everything else in your list (mislabelling, fudged expiry dates, no active ingredients, wrong active ingredients, or the correct active ingredients in an insufficient quantity) are quality problems distinct from trademark.
Generic drugs may or may not have quality problems, but they are almost never counterfeited since, by definition, they are rarely branded products. [Almost all Australian generic prescription drugs have brand names - Moderator]
Kevin Outterson
--
Associate Professor of Law
Boston University
617 353 3103
www.ssrn.com/author=340746
Counterfeit Drugs: The Good, The Bad, and the Ugly,
16 Albany L. J. of Science & Technology 525 (2006) (with Smith)
(http://ssrn.com/author=340746).
"Outterson, Michael Kevin" <mko@bu.edu>