Published: 2018-01-10

Counterfeiting Medicinal Products: Some Remarks with Reference to the Polish Criminal Code and Other Regulations

Iga Kalinowska-Maksim
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2017.17.2.02

Abstract

Summary

Even though counterfeiting medicinal products is now a more and more frequently discussed issue in Poland, it has still not received sufficient attention from the legal point of view. This article attempts to analyse the shortcomings of Poland’s current legal provisions relating to counterfeit medicinal products. It focuses on the elements of the offence defined in Art. 124b of the Polish Pharmaceutical Act (Ustawa Prawo farmaceutyczne). The commentary on this provision is not a comprehensive description of the requirements defining criminal liability, but more of a comparative overview in relation to the rules and regulations used in Poland’s jurisdictive practice. The article contains an in-depth examination of the legislation pertaining to falsified medicinal products and the results it is expected to bring. The last part of the article is a victimisation survey made by the author as part of her pilot study. The article is a comprehensive investigation of the pharmaceutical crimes relating to falsified medicinal products.

Keywords:

counterfeiting, medicinal products for human use, medicinal drugs, pharmaceutical crime, distribution of medicinal products.

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Citation rules

Kalinowska-Maksim, I. (2018). Counterfeiting Medicinal Products: Some Remarks with Reference to the Polish Criminal Code and Other Regulations. Zeszyty Prawnicze, 17(2), 37–56. https://doi.org/10.21697/zp.2017.17.2.02

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