Of a total of 263 cases that went before the courts from between January 2003 and July last year, 137 individuals were sentenced to no more than six months imprisonment. The toughest sentences handed down during the same period saw only one individual sentenced to more than three years in prison.
Catching and prosecuting those who manufacture and distribute knock-off medication is only one part of the problem. A gray area exists when it comes to the prosecution and revoking the licenses of pharmacists' accused of selling counterfeit products.
From early 2004 until mid-2005 a total of 28 pharmacists have been investigated. Of these, one defendant was fined and another released on probation. None have had their licenses revoked.
Currently the DOH is solely responsible for issuing licenses and lacks the power to revoke the license of any pharmacist accused of trading in counterfeit products. This is instead the job of the regional pharmacists' associations, all of which are highly hesitant to act and take away the livelihood of a member.
"You'd think that they'd act and take away licenses," Eastwood said. "If a member gets caught selling counterfeit [pharmaceuticals] you'd think that the pharmacists' associations would want to defend their integrity. Personally I'd like to see them banned for life."
While the legal wrangling continues, many of the international pharmaceutical giants based in Taiwan have decided to follow the route taken by the DOH and IRPMA. Along with continuing to purse the forgers, companies like Eli Lilly and Pfizer have also taken to educating the consumers.
The companies have established their own educational programs and like the DOH and IRPMA have developed Web pages on which photographs of genuine products allow the public to differentiate between the real and fake items.
"Education is a very important factor and is an area in which the industry can and should work together," said Melt van der Spuy, general manager of Eli Lilly in Taiwan. "We supply pharmacies with materials so that they can display it in the stores and run advertisements in the media. All of this helps consumers to tell the difference between real and fake drugs and feel safe in the knowledge that what they are taking is real."
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