The market surveillance use for deal against the counterfeited products (Problems and solutions) UNECE International Seminar on Product Safety and Counterfeiting 5-7 November, 2007 UNECE International Seminar on Product Safety and Counterfeiting 5-7 November, 2007 The Department of Standardization and Metrology of Republic of Moldova, Maria Bizgu, head of division of market surveillance and consumer protection

Counterfeited production conducts to: forming of the shadow sector of economy; forming of the shadow sector of economy; discredits authority of the well- known companies; discredits authority of the well- known companies; undermines consumers confidence to goods market; undermines consumers confidence to goods market; material and moral loss to the producers and the consumers. material and moral loss to the 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 important role in counteraction of counterfeiting and adulteration of production plays market surveillance

Methods and ways applied Sampling Sampling Authentication (Identification) Authentication (Identification) Laboratory tests Laboratory tests

Market surveillance is the state authorities prerogative there can be taken the following 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 adulteration as a economic crime with the ensuing consequences. to consider the counterfeiting and adulteration as a economic crime with the ensuing consequences.

The legislative basis for control and revealing the counterfeited product The market surveillance authorities should have a strong legal basis that allows to apply the rigid economic sanctions; The market surveillance authorities should have a strong legal basis that allows to apply the rigid economic sanctions; The legislation should provide a clear distinction between terms “Adulterated product” and “Counterfeited product”; The legislation should provide a clear distinction between terms “Adulterated product” and “Counterfeited product”; What level of danger for consumers has each of them and what the risk level. What level of danger for consumers has each of them and what the risk level.

The evidential basis for conclusions about the product counterfeiting The ground for conclusion, that the product is classified as counterfeited, may be: results of laboratory tests results of laboratory tests the technical examination conclusion the technical examination conclusion the conclusion of comparison with the reference sample (genuine) the conclusion of comparison with the reference sample (genuine)

The Republic of Moldova experience in revealing of counterfeited product Examples: alcoholic products and medicines There are provided two kinds of marks: Excise mark (documentary stamp) Excise mark (documentary stamp) The State trade mark The State trade mark

In the Republic of Moldova, recently, were established The National Centre of Quality Check for Alcoholic Production The Centre for Registration of Ethylic Spirit and Alcoholic Production return The on-line recording of Alcoholic Production

Служба Стандартизации и Метрологии Республики Молдова, Душанбе, 6-8 июня, 2007 г.

Traceability of medicines. Medicines are exposed to survey and registration before placing them on the market. Medicines are exposed to survey and registration before placing them on the market. Automatic IT system of state registration of medicines has been implemented since Automatic IT system of state registration of medicines has been implemented since The label with the latent strip with the individual number is attached to each registered box of medicines. The label with the latent strip with the individual number is attached to each registered box of medicines. Consumer can check the product’s authenticity by comparing with the number in the database of medicines available on the Agency of medicines site. Consumer can check the product’s authenticity by comparing with the number in the database of medicines available on the Agency of medicines site.

Actions of authorities The Intellectual Property Agency The Intellectual Property Agency The Ministry of Internal Affairs The Ministry of Internal Affairs The Customs Department The Customs Department

Problems in the normative documents establishing the requirements to production, as a rule, there are no indicators on which it is possible to define authenticity of a product; in the normative documents establishing the requirements to production, as a rule, there are no indicators on which it is possible to define authenticity of a product; not for all kinds of production there exist test methods for authenticity indicators; not for all kinds of production there exist test methods for authenticity indicators; in products supply contracts, the duty of the supplier for granting of the genuine product sample that can be used for further comparison, as a rule, is not provided; in products supply contracts, the duty of the supplier for granting of the genuine product sample that can be used for further comparison, as a rule, is not provided;

Problems the absence of official representations of firms of manufacturers on the country- importer territory; the absence of official representations of firms of manufacturers on the country- importer territory; insufficiently adjusted communication between manufacturers, importers and market surveillance bodies; insufficiently adjusted communication between manufacturers, importers and market surveillance bodies; insufficiently adjusted communication between control bodies on revealing of counterfeited production. insufficiently adjusted communication between control bodies on revealing of counterfeited production.

Conclusions to provide the requirements allowing to define authenticity of a product in technical regulations to provide the requirements allowing to define authenticity of a product in technical regulations to ellaborate and assistance to educational programs for consumers; to ellaborate and assistance to educational programs for consumers; to undertake actions aimed to increase the consumers “voice “ to undertake actions aimed to increase the consumers “voice “

Proposals to provide constant information interchange about the cases of revealing counterfeited products that can appear in the markets of other countries, using for this purpose RAPEX system to provide constant information interchange about the cases of revealing counterfeited products that can appear in the markets of other countries, using for this purpose RAPEX system to recommend to importers for execution of the contracts for production delivery, to foresee the obligation of manufactures to provide the samples of authentic products for their identification. to recommend to importers for execution of the contracts for production delivery, to foresee the obligation of manufactures to provide the samples of authentic products for their identification.

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