Comparative legal study on controlling counterfeit medicines in Malaysia and United States / Aimi Zulkifli

The counterfeit medicinal products are not clearly defined in current legislation, namely Poison Act 1952 and Regulations, the Sale of Drugs Act (SODA) 1952 and Control of Drugs and Cosmetic Regulation (CDCR) 1984. All cases pertaining to counterfeit medicinal products will be deal under provision o...

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Main Author:	Zulkifli, Aimi
Format:	Thesis
Language:	English
Published:	2018
Subjects:	K Law in general Comparative and uniform law Jurisprudence
Online Access:	https://ir.uitm.edu.my/id/eprint/21801/1/21801.pdf
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id	my-uitm-ir.21801
record_format	uketd_dc
spelling	my-uitm-ir.218012022-01-10T04:39:57Z Comparative legal study on controlling counterfeit medicines in Malaysia and United States / Aimi Zulkifli 2018 Zulkifli, Aimi K Law in general. Comparative and uniform law. Jurisprudence The counterfeit medicinal products are not clearly defined in current legislation, namely Poison Act 1952 and Regulations, the Sale of Drugs Act (SODA) 1952 and Control of Drugs and Cosmetic Regulation (CDCR) 1984. All cases pertaining to counterfeit medicinal products will be deal under provision of one of the acts or regulation stated. The main issues that contributes to this problem are the counterfeit medicines were not define and no specific provision for the offence regarding counterfeit medicine in the legislations, making difficulties for the drug enforcement officers in performing their duties. Absence or certain drug enforcement powers and low penalty imposed to the offence that related to the counterfeit offence does not reflect the seriousness of the offence towards society. Several flaws in the provision and low penalties imposed will lead to repeated offences related to counterfeit medicines. Current legislation seems to be inadequate in controlling the issue of counterfeit medicines in Malaysia. The United States’ legislation is chosen as comparison since this country has an established legal framework in controlling the counterfeit medicines in their country. The aim of this study are to examine the adequacy of current legal framework in controlling counterfeit medicines in Malaysia, to investigate the laws in the United States and the established mechanism that prevents the counterfeit medicines from reaching their citizens and lastly, to propose suitable methods of improvement in preventing the counterfeits medicines in Malaysia. This research are carried out using a qualitative method, with combination of doctrinal research and semistructured interview. This study may contribute towards more effective control of counterfeit medicines in Malaysia and helps to assist policy makers in implementing and improving current laws and regulations pertaining this issue and fill up the lacuna in the current law. 2018 Thesis https://ir.uitm.edu.my/id/eprint/21801/ https://ir.uitm.edu.my/id/eprint/21801/1/21801.pdf text en public masters Universiti Teknologi MARA Faculty of Law Tunku Makmar Nizamuddin, Tumku Intan Mainura (Dr.)
institution	Universiti Teknologi MARA
collection	UiTM Institutional Repository
language	English
advisor	Tunku Makmar Nizamuddin, Tumku Intan Mainura (Dr.)
topic	K Law in general Comparative and uniform law Jurisprudence
spellingShingle	K Law in general Comparative and uniform law Jurisprudence Zulkifli, Aimi Comparative legal study on controlling counterfeit medicines in Malaysia and United States / Aimi Zulkifli
description	The counterfeit medicinal products are not clearly defined in current legislation, namely Poison Act 1952 and Regulations, the Sale of Drugs Act (SODA) 1952 and Control of Drugs and Cosmetic Regulation (CDCR) 1984. All cases pertaining to counterfeit medicinal products will be deal under provision of one of the acts or regulation stated. The main issues that contributes to this problem are the counterfeit medicines were not define and no specific provision for the offence regarding counterfeit medicine in the legislations, making difficulties for the drug enforcement officers in performing their duties. Absence or certain drug enforcement powers and low penalty imposed to the offence that related to the counterfeit offence does not reflect the seriousness of the offence towards society. Several flaws in the provision and low penalties imposed will lead to repeated offences related to counterfeit medicines. Current legislation seems to be inadequate in controlling the issue of counterfeit medicines in Malaysia. The United States’ legislation is chosen as comparison since this country has an established legal framework in controlling the counterfeit medicines in their country. The aim of this study are to examine the adequacy of current legal framework in controlling counterfeit medicines in Malaysia, to investigate the laws in the United States and the established mechanism that prevents the counterfeit medicines from reaching their citizens and lastly, to propose suitable methods of improvement in preventing the counterfeits medicines in Malaysia. This research are carried out using a qualitative method, with combination of doctrinal research and semistructured interview. This study may contribute towards more effective control of counterfeit medicines in Malaysia and helps to assist policy makers in implementing and improving current laws and regulations pertaining this issue and fill up the lacuna in the current law.
format	Thesis
qualification_level	Master's degree
author	Zulkifli, Aimi
author_facet	Zulkifli, Aimi
author_sort	Zulkifli, Aimi
title	Comparative legal study on controlling counterfeit medicines in Malaysia and United States / Aimi Zulkifli
title_short	Comparative legal study on controlling counterfeit medicines in Malaysia and United States / Aimi Zulkifli
title_full	Comparative legal study on controlling counterfeit medicines in Malaysia and United States / Aimi Zulkifli
title_fullStr	Comparative legal study on controlling counterfeit medicines in Malaysia and United States / Aimi Zulkifli
title_full_unstemmed	Comparative legal study on controlling counterfeit medicines in Malaysia and United States / Aimi Zulkifli
title_sort	comparative legal study on controlling counterfeit medicines in malaysia and united states / aimi zulkifli
granting_institution	Universiti Teknologi MARA
granting_department	Faculty of Law
publishDate	2018
url	https://ir.uitm.edu.my/id/eprint/21801/1/21801.pdf
_version_	1783733774156038144

Comparative legal study on controlling counterfeit medicines in Malaysia and United States / Aimi Zulkifli

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