On 7th of June 2012 the Verkhovna Rada of Ukraine adopted the bill “On ratification of the Council of Europe Convention on the counterfeiting of medical products and similar crimes involving threats to public health” (the MEDICRIME Convention).

Convention establishes criminal responsibility of the natural persons for crimes related to counterfeit medical products, determines liability of the legal persons which can be held liable for offences establish

ed in accordance with this Convention, when committed for their benefit by any natural person, and inadequate supervision and control, which led to the production of counterfeit medical products, as well as countries jurisdiction over any offence established in accordance with this Convention, international cooperation and monitoring over the implementation.

The purpose of Convention is to prevent and combat threats to public health by: providing the criminalisation of certain acts; protecting the rights of victims of the offences established under this Convention (the term “victim” shall mean any natural person suffering adverse physical or psychological effects as a result of having used a counterfeit medical product or a medical product manufactured, supplied or placed on the market without authorisation or without being in compliance with the conformity requirements as described in Article 8); promoting national and international co-operation. In order to ensure effective implementation of its provisions by the Parties, this Convention sets up a specific follow-up mechanism.

The implementation of the provisions of this Convention by the Parties, in particular the enjoyment of measures to protect the rights of victims, shall be secured without discrimination on any ground such as sex, race, colour, language, age, religion, political or any other opinion, national or social origin, association with a national minority, property, birth, sexual orientation, state of health, disability or other status.

This Convention concerns medical products whether they are protected under intellectual property rights or not, or whether they are generic or not, including accessories designated to be used together with medical devices, as well as the active substances, excipients, parts and materials designated to be used in the production of medical products.

Each Party shall take the necessary legislative and other measures to establish as offences under its domestic law, the intentional manufacturing of counterfeit medical products, active substances, excipients, parts, materials and accessories.

Verkhovna Rada’s bill No 0261 can be found HERE.