Seizures of counterfeit vaccine packs in Indonesia remove dangerous products from the market
A raid made under the criminal provisions of the Indonesian Trade Mark law, using non-uniformed and non-local police, seized a trader's stock of counterfeit vaccine packs.
Background
Our client's marketing staff spotted suspected counterfeit product in a market in Jakarta called Pasar Pramuka. The product in question was a multi-purpose child's vaccine pack consisting of a sealed tray containing needle-pack, vaccine and instructions. Pasar Pramuka contains over 250 outlets of varying sizes selling all types of pharmaceutical/medicinal products including prescription, OTC, and traditional remedies. It is rife with counterfeit products and notorious for being gang-controlled and socially volatile despite the presence of a Police Station on site. Intellectual Property enforcement there is known to be very difficult and dangerous.
Analysis of the products raised concerns and the matter was reported to the client's headquarters which confirmed that the samples were counterfeit. Headquarters took the matter seriously and instructed us directly.
Investigations
Our in-house investigators carried out urgent pre-raid investigations. The results enabled us to provide our client with further samples and intelligence about the target, as well as a recommended enforcement strategy.
Action
We advised our client that the products were ‘re-fills', probably sourced from hospitals. The first (and fortunate) child would receive the genuine product, but all the packaging, trays and syringes would be retained and sold to the black market. The pirates would then print fake ‘use-by' stickers, re-fill the syringes with unknown substances, reseal the packs, and sell them onto the black market for use on unsuspecting patients.
Once our client had carried out further analysis of the samples, we prepared to raid under the criminal provisions of the Indonesian Trade Marks Act . For the raid itself, we deployed five non-uniformed and non-local police officers (to reduce the risk of an information leak) supported by our in-house enforcement team. The raid went smoothly and we successfully hauled in the target's stock of 45 boxes of counterfeit vaccine packs.
Our client's analysis of the products seized revealed numerous discrepancies that would not be apparent an untrained eye, if at all. These included tampered sealing, staining and dirt visible inside the tray and on the plunger, fibres and human hairs on the needle and, even, a droplet of human blood sitting in liquid matter in a needle tip!
Comment
Although our client pushed for prosecution, the Police accepted undertakings from the target. Indonesia is a complex jurisdiction in which to fight counterfeit products. It sometimes has to be accepted the Police do not have the resources to prepare papers for prosecution - even for serious cases such as this.
Follow-up checks indicate that the target has ceased its illegal activity. The urgent removal of these dangerous products from the market meant that our client's main aim had been achieved.
We are now working on longer term solutions, including political lobbying through an association of rights' owners, and the setting up a front shop in Pasar Pramuka, manned by an ex-pirate, so as to be able to map the supply and distribution chains of the products.
It is often said that counterfeiting is a victimless crime. At Rouse & Co ., we, like our clients, understand that this is simply not the case. Counterfeit products can seriously damage health – and, in some instances, kill.
