Fake Medicines: How to Protect Yourself
Product packaging – industrial sample – is an object of intellectual property. It helps to recognize a trade dress of the product thanks to its forms and colors (or thanks to the combination of two of this things), palette, signatures, emblems.
A consumer can believe that the product is original if the main characteristics of the product packaging/industrial sample correspond to the characteristics which were declared by the producer.
Original packaging – is a sign of original product, which means that the quality is guaranteed. Official producer bears responsibility for the quality of the original product.
Public awareness efforts which have to be directed on product packaging recognition and familiarization is one of the methods to protect business reputation from negative influence of faked production.
Pharmaceutical industry is a high risk area for the purpose of copyright violation. The situation is very dangerous when it deal with faked medical preparations, dietary supplement, household appliance, food and other products, which can inflict harm to consumer’s health or property.
A consumer who buys such product, on the one hand, supports unfair producers, on the other hand, – risks not to receive those useful properties, which has original product.
It is highly recommended for producers to receive legal protection for all objects of copyright, trademarks, trade name and, it’s obvious, for industrial sample (packaging) in order to protect his own products and to prevent the distribution of fakes.
Official producer has to provide information about his product and rights to the Registration System of National Custom Authority. In this case customs officers have right to arrest any product if in its packaging there is the same or alike objects of copyright, which were declared in the Registration System by the official producer.
In such cases the product can be under arrest during three months, according to the Customs Code. The customs officers can check its origin and all documents. Official producer can prove in the court that it’s a fake and to win an action. According to the decision of the court this faked production can be destroyed.
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