Shugurov, M .V. The International Health Organization fi ghting against the pharmaceutical counterfeit: correlation of protection of health care an intellectual property protection

Abstract: The article is devoted to the study of the activities of the WHO in the sphere of fi ghting pharmaceutical counterfeit in the aspect of development of the term “counterfeit” by this organization. The author consequently follows the work of the WHO on clarifi cation of its competence in the sphere of guaranteeing access to quality and effi cient medications, showing that protection of intellectual property rights is a related issue, while being outside the scope of its activities. The article substantiates the position that clear formulae of the term “pharmaceutical counterfeit” are necessary for effi cient international cooperation in the sphere of fi ghting against the wave of counterfeit medications, them being a threat to life and health of the people. Special attention is paid to the correlation between the WHO activities on coordination of international efforts against pharmaceutical counterfeit, and defi ning “counterfeit” as a “ fake” without connotation to the “violation of intellectual property rights”. In this article the author bases his studies upon the comparative analysis of the approaches to defi ning pharmaceutical counterfeit in national and international law. In addition, for the comparative purposes the author uses the approaches towards correlation between protection of health of the population and intellectual property protection in the WHO and the WIPO. It allows for the substantiation of the existence of two international cooperation strategies regarding fi ghting fake pharmaceutical products. The scientifi c novelty of the article is due to revealing the nature of correlation between human rights in the sphere of healthcare and intellectual property rights based upon the example of the activities of the WHO, it being an authoritative international organization. The author makes a conclusion that none of specialized international organization is capable of simultaneously fi ghting falsifi cation of pharmaceutical products in the aspect of protection of right to access to quality and effi cient medication and in the intellectual property protection aspect. However, different international organizations in this sphere should take these aspects into consideration. As the basis for the specifi c features to the WHO approach, the author points out the fact that protection of human rights has higher priority than intellectual property protection, since intellectual property rights are not basic human rights.

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