Show simple item record

dc.contributor.authorBandiera, Rhiannon
dc.contributor.authorMarmo, Marinella
dc.date.accessioned2016-02-03T00:54:17Z
dc.date.available2016-02-03T00:54:17Z
dc.date.issued2016-01-12
dc.identifier.citationBandiera, R. & Marmo, M. 2016. Re-framing ‘counterfeit from a public health perspective’: A case for fraudulent medicine. Australian & New Zealand Journal of Criminology, doi: 10.1177/0004865815626768.en
dc.identifier.issn0004-8658
dc.identifier.urihttp://hdl.handle.net/2328/35925
dc.descriptionAuthor version made available in accordance with publisher copyright policy.en
dc.description.abstract“Black market” counterfeiters operating outside of authorised industry are often framed as the perpetrators of dangerous and defective medicines within legal pharmaceutical markets. However the assumption that all medicines which deliberately violate regulatory standards and quality specifications have black market origins is ill conceived, as poor medicine quality can occur regardless of who the manufacturer of the medicine may be. This paper proposes a reframing of all pharmaceutical products which intentionally, or negligently, fail to comply with regulatory standards and which are then fraudulently depicted as being of standard, from “counterfeit” to “fraudulent medicines”. This proposal is reinforced with examples from Australian law, where Australian pharmaceutical companies, who deliberately violated regulatory standards and produced defective and dangerous medicines, have been prosecuted using legislation designed to capture poor-quality, counterfeit drugs. The paper argues that these corporate crimes should not be framed as “counterfeiting” but as “frauds”, thus containing acts of “counterfeiting” to existing intellectual property (IP) law and providing due recognition for all acts which defraud and cause harm to the consumer.en
dc.language.isoen
dc.publisherSAGE Publicationsen
dc.rightsCopyright (2016). The Author(s)en
dc.titleRe-framing ‘counterfeit from a public health perspective’: A case for fraudulent medicineen
dc.typeArticleen
dc.identifier.doihttps://doi.org/10.1177/0004865815626768en
dc.rights.holderThe Author(s)en


Files in this item

Thumbnail

This item appears in the following Collection(s)

Show simple item record