8203 Flashcards
Special Law On Counterfeit Drugs
RA 8203
Comprehensive Dangerous Drugs Act Of 2002
RA 9165
● Enacted on 06 September 1996
● Effective on 27 October 1996
RA 8203
The law under counterfeit drugs is under __________________________ because we need to monitor this as well
post-marketing surveillance PMS
COUNTERFEIT DRUGS refers to medicinal products with
-wrong ingredient
-insufficient quantity (less than 80%) of what is indicated
-fake packaging
-Bearing without authorization the trademark, trade name or other identification mark
-Refilled in containers by unauthorized persons if the legitimate labels or marks are used
-An unregistered imported drug product, except drugs brought in the country for personal use
Where can you get authorization for your trade mark/name
Bureau of Patent, Trademark and Technology Transfer BPTTT
any person found in possession of counterfeit drugs, in violation of this subsection, shall be exempted from liability under the provisions of RA 8203 after
- Presentation of sales invoice
- Presentation of certificates
What parties are only considered liable upon proof of actual or constructive knowledge, that the drugs sold, distributed, offered or donated are counterfeit drugs
Agents, seller, distributor, trafficker, broker, donor, registered pharmacist
ADMINISTRATIVE SANCTIONs of 8203
Permanent closure and revocation of license to business
100k-500k
forfeiture, confiscation, and destruction of products and eqiuipments
cancellation of professional license
crimina charges (separate from administrative charges)
Permanent disqualification of the person concerned
Penalty for MERE POSSESSION of counterfeit drugs
6 months and 1 day to 6 years
Penalty for counterfeit drug is intended for animals;
6 mons 1 day to 2 years and four months imprisonment
Penalty for for any manufacturer, seller or distributor who shall conceal, substitute, dispose or destroy any drug
six 6 years and one 1 day but not more than ten 10 years
Penalty for the illness sought to be cured is aggravated or physical injury or suffering
12 years to fifteen 15 and a fine of 100k-500k
Penalty for counterfeit drugs that caused death
500k-5M
National Consciousness Week Against Counterfeit Medicine NCWACM
3rd week of November