In the March issue of PACN, I wrote about an article in the Journal of International Criminal Justice, February 2011, from Roger Bate, Amir Attaran and Megan Kendall entitled Why and How to Make an International Crime of Medicine Counterfeiting. Their article recommends that the next step forward in the war against pharmaceutical fakes should be the international criminalization of the counterfeiting of medicines. Pointing out the advantages that an international law offers over current national approaches, the authors propose that the legal definition of 'counterfeit' be clarified to better capture threats to public health and safety and more clearly criminalize medicine counterfeiting, including classifying the severest instances as crimes against humanity, and explain the mechanisms necessary to close the jurisdictional gaps that exist. They suggest that a counterfeit medicine treaty should be drafted under the auspices of the World Health Organization, and illustrate the feasibility of doing so with existing and developing treaty laws including discussions of international laws against currency counterfeiting and human trafficking.

This well conceived and well written proposal gives practical and achievable direction to many engaged in this fight who struggle to find a way to make real progress and wonder if the war can be won. The article looks to instances where we have made progress with global treaties and gives hope that such accomplishments are also achievable against pharmaceutical counterfeiting.

When people contract Methicillin-resistant Staphylococcus aureus (MRSA), topical antibiotics used to treat the local area may cause the infected site to partially heal. The MRSA is still there, however, and may move to another area. To wipe it out, severe and powerful treatments are needed. Most of our regional and national efforts against counterfeit medicines are similar to using topical antibiotics against MRSA. Our efforts just move the infection, they don't cure it.

Since publication of the Bate, Attaran, and Kendall proposal, it does not appear it has received the significant global attention it needs.  Perhaps everyone is busy applying topical solutions to their regions of responsibility. Perhaps it is simply a matter of finding a champion. If we are to make real progress against this problem, it must be at least elevated to the same level as that of currency counterfeiting, for which we do have an international treaty. Without this international law, our efforts, even if effective regionally, will not cure the global infection. It will keep returning: here today, there tomorrow, and back here the next day.