In addition to extensively spreading counterfeit pharmaceuticals, many other products have similar models and labels. More remarkable, each medicine is prescribed to have a particular feature, usage, and design with brand copyright registered by its manufacturer. However, in fact, labels of medicines and supplements seem to keep users guessing.

Extensively spreading fake and counterfeit products

The Drug Administration has recently sent an announcement to provincial/urban health departments of discovering many counterfeit medicines such as Voltaren® 75mg painkiller, Levitra 20mg for erectile dysfunction, Fugacar vermifuge, medicine for chronic arthritis, etc. In late 2011, many counterfeit medicines such as Zinnat, Dologesis (Nimesulide 100mg) were also detected.

Appropriate authorities have detected that Phargington Capsules having 9 active substances has quite similar name and packaging design to Pharmaton Capsules having 23 active substances made by Boenringer Ingelheim Laboratory (Switzerland); a pain-killer branded D. made by company-H has similar name and packaging design to di-antalvic made by Houdé Laboratory (France).

According to regulations, if a manufacturer makes a product first, then registers the copyright for quality, label, model with authorities, the product is legally recognized in terms of proprietary copyright. If other manufacturers produce similar products but try to bring quite similar brands and models to the previous manufacturer's, they can be claimed to have “counterfeit” label and design.

Life and Science Newspaper had a series of articles about the disorder of products from Crinum latifolium L. on the market. Until now, counterfeit products still exist. According to Pharmacist - Dr. Nguyen Thi Ngoc Tram, Director of Thien Duoc Co., Ltd, there are many supplements (not medicines) on the market named and packaged quite similar to Crila that Pharmacist - Dr. Tram has researched. For example, some counterfeit products of “CRILA” such as CIRCALA, CRITATI, CRITTA, CATIRIN. This can cause confusion and harm to patients’ health.

Need to reorganize and handle strictly.

Pharmacist - Dr. Nguyen Thi Ngoc Tram said, ‘During the past 20 years, I and my colleagues in Vietnam and foreign countries have studied Crinum latifolium L. plant. It was not until 2005 Crila capsule formulated from bioactive alkaloids extracted from Crinum latifolium L. leaves inhibiting the growth of tumor cells was allowed for nationwide circulation by the Drug Administration under registration number VD-15304-11 based on the assessment of the Council of Science and Technology – the Ministry of Health on the efficacy treatment of BPH at 89.18 % and uterine fibroids at 79.5 %’.

According to Dr. Tram, vague label is infringing protection right, which affects consumer market. It is considered to sponge on good labels. Along with economic losses of company, consumers are also involved in this misfortune. Specifically, the product of Thien Duoc Co., Ltd is a therapeutic medicine that is invested into research, cultivation, and production in large-scale. The product is formulated from Crinum latifolium L. dried extract for the treatment of uterine fibroids in women and BPH in men. Since its birth, Crila has been trusted to use due to its high efficacy without side effects. From that, some facilities have produced supplements for the prevention of tumors, but consumers and patients mistake supplements for therapeutic medicines for treatment. As a result, the treatment is not as expected because their disease cannot be treated, even get worse.

According the Drug Administration, there are only two products from Crinum latifolium L. on the market, which are recognized as therapeutic medicines by the Ministry of Health. One of them is Crila capsule produced by Thien Duoc Company with indication for the treatment of BPH and uterine fibroids.

Other products are also stated to be extracted from Crinum latifolium L. plant or dried extract but actually just supplements and of course have no therapeutic effect.

According to experts, imitating brands and models of medicines will do great harm to the consumer first because the quality of pharmaceuticals and medicines depends on manufacturing technology processes of firms. In addition, an economic hazard is that consumers buy medicines produced in Vietnam but have to pay as much as the prices of imported or foreign medicines authorized to produce at home with quite the same label and design. This helps drugstores and medicine manufacturers get profit illegally from imitating designs and labels. Perhaps, it’s inevitable to damage the economy, especially consumers’ health when buying medicines with counterfeit designs and labels.

In addition, it is necessary to mention the conscience and ethics of some drugstores. According to some people, when they buy Crila to treat uterine fibroids, they are given Circala and explained that this is also a product researched and produced by Dr. Tram’s company. After checking again, they just express their anger when being cheated. Because of the profits and high discount, some drugstores ignore patients’ health. They sell supplements, instead of therapeutic medicines. Some drugstores have abetted the forgery and harmed orthodox products and consumers.

Medicine manufacturers have to face huge economic damages and are violated property rights of registered trademark when others imitate their brands and models. The danger of imitating medicine labels and designs is the issue that needs paying more attention and controll by administrators and appropriate authorities.

LINH ĐAN

Imitating labels and designs is still quite common, especially for pharmaceutical manufacturing businesses. To protect their own products, businesses in general and pharmaceutical manufacturers in particular should take initiative in implementing the protection registration for their products and goods’ trademarks and industrial designs.

In fact, there are now very few businesses bringing lawsuits when they are infringed upon their trademark right. Meanwhile, from the experience of developed countries this method is quite efficient because at least it can surmount partly economic damages caused by others’ infringement.

Lawyer Phan Vu Tuan – Manager of Phans Law Office