The market surveillance use for deal against

the counterfeited products(Problems and solutions)

UNECE International Seminar on UNECE International Seminar on Product Safety and CounterfeitingProduct Safety and Counterfeiting5-7 November, 20075-7 November, 2007

The Department of Standardization and Metrology of Republic of Moldova,Maria Bizgu, head of division of market surveillanceand consumer protection

Counterfeited production Counterfeited production conducts to:conducts to:

• forming of the shadow sector of forming of the shadow sector of economy; economy;

• discredits authority of the well- discredits authority of the well- known companies; known companies;

• undermines consumers confidence undermines consumers confidence to goods market;to goods market;

• material and moral loss to the material and moral loss to the producers and the consumers.producers and the consumers.

Market surveillance, which goal is consumer protection against risk of acquisition of the dangerous for life and health products, can become the effective mechanism in struggle against counterfeiting of products

The The important important role in counteraction of role in counteraction of counterfeitcounterfeitinging andand adulteration of adulteration of productproduction plays market surveillanceion plays market surveillance

Methods and ways applied Methods and ways applied

•SSampling ampling

•Authentication (IAuthentication (Identificationdentification)) •Laboratory Laboratory tests tests

Market surveillance is the Market surveillance is the state authorities prerogativestate authorities prerogative

there can be taken the following there can be taken the following actions: actions:

• to stop, to suspend or to warn;to stop, to suspend or to warn;

• to apply compulsion measures;to apply compulsion measures;

• to resort to legal measures; to resort to legal measures;

• to consider the counterfeiting and to consider the counterfeiting and adulteration as a economic crime with adulteration as a economic crime with the ensuing consequences.the ensuing consequences.

The legislative basis for The legislative basis for control and revealing the control and revealing the counterfeited productcounterfeited product

• The market surveillance authorities should The market surveillance authorities should have a strong legal basis that allows to have a strong legal basis that allows to apply the rigid economic sanctions;apply the rigid economic sanctions;

• The legislation should provide a clear The legislation should provide a clear distinction between terms “Adulterated distinction between terms “Adulterated product” and “Counterfeited product”; product” and “Counterfeited product”;

• What level of danger for consumers has What level of danger for consumers has each of them and what the risk level.each of them and what the risk level.

The evidential basis for The evidential basis for conclusions about the product conclusions about the product

ccounterfeitingounterfeiting The ground for conclusion, that the The ground for conclusion, that the

product is classified as counterfeited, product is classified as counterfeited, may be:may be:

• results of laboratory testsresults of laboratory tests

• the technical examination conclusionthe technical examination conclusion

• the conclusion of comparison with the the conclusion of comparison with the reference sample (genuine)reference sample (genuine)

The The Republic of MoldovaRepublic of Moldova experience in revealing of experience in revealing of counterfeited productcounterfeited product

Examples: Examples: alcoholic products and alcoholic products and medicinesmedicines

There are provided two kinds of There are provided two kinds of marks:marks:

• Excise mark (documentary stamp) Excise mark (documentary stamp)

• The State trade markThe State trade mark

In the Republic of Moldova, In the Republic of Moldova, recently, were established recently, were established

The National Centre of Quality The National Centre of Quality Check for Alcoholic ProductionCheck for Alcoholic Production

The Centre for Registration of The Centre for Registration of Ethylic Spirit and Alcoholic Ethylic Spirit and Alcoholic Production returnProduction return

The on-line The on-line recording of Alcoholic recording of Alcoholic ProductionProduction

Служба Стандартизации и Метрологии Республики Молдова,Служба Стандартизации и Метрологии Республики Молдова,

Душанбе, 6-8 июня, 2007 г.Душанбе, 6-8 июня, 2007 г.

Traceability of Traceability of medicinesmedicines..

• Medicines are exposed to survey and Medicines are exposed to survey and registration before placing them on the registration before placing them on the market. market.

• Automatic IT system of state registration of Automatic IT system of state registration of medicines has been implemented since 2006. medicines has been implemented since 2006.

• The label with the latent strip with the The label with the latent strip with the individual number is attached to each individual number is attached to each registered box of medicines. registered box of medicines.

• Consumer can check the product’s Consumer can check the product’s authenticity by comparing with the number in authenticity by comparing with the number in the database of medicines available on the the database of medicines available on the Agency of medicines site.Agency of medicines site.

Actions of authoritiesActions of authorities

• The Intellectual Property AgencyThe Intellectual Property Agency

• The Ministry of Internal Affairs The Ministry of Internal Affairs

• The Customs DepartmentThe Customs Department

ProblemsProblems

• in the normative documents establishing in the normative documents establishing the requirements to production, as a rule, the requirements to production, as a rule, there are no indicators on which it is there are no indicators on which it is possible to define authenticity of a possible to define authenticity of a product;product;

• not for all kinds of production there exist not for all kinds of production there exist test methods for authenticity indicators;test methods for authenticity indicators;

• in products supply contracts, the duty of in products supply contracts, the duty of the supplier for granting of the genuine the supplier for granting of the genuine product sample that can be used for product sample that can be used for further comparison, as a rule, is not further comparison, as a rule, is not provided;provided;

ProblemsProblems• the absence of official representations of the absence of official representations of

firms of manufacturers on the country-firms of manufacturers on the country-importer territory;importer territory;

• insufficiently adjusted communication insufficiently adjusted communication between manufacturers, importers and between manufacturers, importers and market surveillance bodies;market surveillance bodies;

• insufficiently adjusted communication insufficiently adjusted communication between control bodies on revealing of between control bodies on revealing of counterfeited production.counterfeited production.

ConclusionsConclusions

• to provide the requirements allowing to provide the requirements allowing to define authenticity of a product to define authenticity of a product in technical regulations in technical regulations

• to ellaborate and assistance to to ellaborate and assistance to educational programs for consumers;educational programs for consumers;

• to undertake actions aimed to to undertake actions aimed to increase the consumers “voice “increase the consumers “voice “

ProposalsProposals

• to provide constant information to provide constant information interchange about the cases of revealing interchange about the cases of revealing counterfeited products that can appear counterfeited products that can appear in the markets of other countries, using in the markets of other countries, using for this purpose RAPEX system for this purpose RAPEX system

• to recommend to importers for execution to recommend to importers for execution of the contracts for production delivery, of the contracts for production delivery, to foresee the obligation of manufactures to foresee the obligation of manufactures to provide the samples of authentic to provide the samples of authentic products for their identification.products for their identification.

Thank for your attention