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AmCham expresses concerns about illegal, counterfeit drugs

Tuesday, March 4, 2008
By Brian Asmus, Special to The China Post


TAIPEI, Taiwan -- "A lot of illegal and counterfeit drugs are being sold on the Taiwan market," said Jeffrey Harris, managing director of Orient Commercial Enquiries, "and this poses a clear and present health danger to Taiwanese consumers."

Harris made the remarks at an American Chamber of Commerce in Taipei Intellectual Property and Licensing Committee luncheon held at the Grand Formosa Regent Hotel in Taipei yesterday.

According to Harris, who also serves as AmCham IPL cochair, Taiwan's Department of Health needs to do much more to regulate the sector.

"When doctors or lawyers engage in misconduct, they are disbarred," said Harris. "Why not the same for pharmacists caught selling illegal or counterfeit drugs?"

In his view, revoking the licenses of 20 pharmacists would send a message that would be understood loud and clear.

"Given that many pharmacists do not actually have a license to take away, the DOH needs to send a strong message to those guilty of breaking the law and risking the health of Taiwanese consumers that this will no longer be tolerated."

Presently, said Harris, the island's government has placed an unfair burden on pharmaceutical companies.

"These businesses are having to undertake the cost and effort of enforcement, themselves," he said.

Harris reported that the AmCham IPL committee intends to renew its efforts to meet with the DOH to discuss the matter.

AmCham IPL cochair Jason Chen, a partner at Jones Day, explained that the AmCham IPL committee is very much looking forward to the establishment of an IP court.

"I just hope that there will not be any further postponements," he said.

Along with revision of the Patent Law, the changes are expected to provide for much more effective, convenient ways to solve infringement issues.

"Ultimately," said Chen, "Taiwanese consumers benefit from added safeguards that better protect their rights."

John Eastwood, resident partner at Wenfei Attorneys-at-Law, would also like to see the blackhole surrounding protection of trademark and trade dress issues receive greater government attention. Eastwood is also co-chair of the Intellectual Property Rights committee at the European Chamber of Commerce in Taipei -- an organization that has been at the forefront of successfully raising such issues with the Taiwan government.

"Right now, neither the Fair Trade Law nor the Trademark Law is providing effective protection," said Eastwood. "This is because nobody wants to take these kinds of issues on. Somebody, however, is going to have to step up to the plate."

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