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INTERPOL - World Model United Nations

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Simvastatin tablets ordered via the Internet. (A) is the genuine product while (B)-(E) were faked in Mexico. Spectroscopic images,<br />

below, show the active ingredient as bright dots. (Science vol. 305)<br />

represent criminal organizations that experience high<br />

returns for relatively low risk when dealing in counterfeit<br />

drugs. As Yury Fedotow, Executive Director of the <strong>United</strong><br />

<strong>Nations</strong> Oce on Drug and Crime (UNODC) explains:<br />

“Fraudulent medicines oer organised criminal groups a<br />

high-return commodity with relatively low risks, ultimately<br />

at the expense of the health of unsuspecting people.” 88 is<br />

asymmetric prot situation between wholesalers and sellers<br />

is frequently channeled by law enforcement ocers (LEOs)<br />

seeking to access information about organized criminals<br />

through lower-level oenders. LEOs will occasionally oer<br />

to lower or revise the sentences of sellers in exchange for<br />

information leading to the arrest or capture of wholesalers<br />

and traders responsible in large part for the counterfeit<br />

pharmaceutical crisis.<br />

CURRENT SITUATION – EXACERBATING FACTORS<br />

In its 1999 Guidelines for the Development of Measures<br />

to Combat Counterfeit Drugs, 89 WHO identied several<br />

basic factors that exacerbate the manufacture and sale of<br />

counterfeit drugs, especially in developing regions:<br />

!" Lack of legislation regarding the regulation of<br />

the pharmaceutical distribution system;<br />

!" Weak or absent drug regulatory authority;<br />

!" Absence of a legal mandate for licensing of<br />

manufacture/import of drugs;<br />

!" Lack of enforcement of existing regulations;<br />

!" Transactions involving many intermediaries;<br />

!" Demand for pharmaceuticals exceeding supply;<br />

!" High prices of legitimate pharmaceuticals;<br />

!" Sophistication of clandestine drug<br />

manufacturing;<br />

!" Inecient cooperation among stakeholders;<br />

and<br />

!" Lack of regulation by exporters and within free<br />

trade zones.<br />

Other unlisted factors that are extraneous to the healthcare<br />

system include technological advances, economic<br />

conditions, alternative medicine options (such as religious<br />

healing rituals, etc.), culture (i.e., a proclivity to selfmedicate<br />

rather than seek clinical treatment), and the<br />

delineation between prescription and nonprescription<br />

drugs. 90 Advanced technology, underdeveloped or unequal<br />

economic conditions, a lack of alternative medicine<br />

options, a culture of self-medication, and a lack of or<br />

poorly enforced prescription medication system all lead to<br />

an environment conducive to counterfeit pharmaceutical<br />

proliferation. As Temple University pharmacoeconomist<br />

Albert Wertheimer elaborates, “Drug counterfeiting is<br />

a threat that every nation faces and the activity is very<br />

dicult to identify, trace, and combat. e growth of online<br />

drug sales, counterfeiters’ increasing technologic skill, and a<br />

false sense of security in countries with stringent regulatory<br />

measures are among the factors that are enabling the spread<br />

of this criminal activity.” 91<br />

For developing nations, the existence of pharmaceutical<br />

patents protecting the intellectual property of drug<br />

developers is the main driving force for the high reliance on<br />

counterfeit drugs. According to Yashuhiro Suzuki of WHO,<br />

“A deadly combination of demand for cheap drugs and fat<br />

prot margins makes counterfeit drugs irresistibly attractive<br />

to greedy criminals.” 92 Patent rights drive up the cost of<br />

authentic medications, causing patients in developing<br />

nations to turn increasingly to the illicit industry for the<br />

products that have become prohibitively costly. is<br />

view, held by prominent economist Noam Chomsky,<br />

would suggest a solution of governments subsidizing<br />

the pharmaceutical industry and imposing strict price<br />

controls. It would also suggest the relaxing of patent laws<br />

and standards to allow more generic drug production, as<br />

Harvard <strong>World</strong>MUN 2012 <strong>INTERPOL</strong> 19

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