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Volume 8 | Number 3

Volume 8 | Number 3 (Symposium Issue)

You may download the Full Edition, or click on a citation below for the individual article. Journal content dating from 2005 is available on the Lexis-Nexis database. Content dating from 2006 is available on the HeinOnline database. Journal content, starting with Volume 8, will also be available on the Westlaw database in the near future. (subscriptions required).

COUNTERFEIT PHARMACEUTICALS: AN INTRODUCTION
Michael S. Mireles
8 Wake Forest Intell. Prop. L.J. 298

This introduction provides a brief overview of the Wake Forest Intellectual Property Law Journal’s first Symposium “Counterfeit Pharmaceuticals” which took place in February of 2008. The introduction goes on to provide a brief overview of the topics explored by the Symposium’s distinguished group of speakers and authors.

A DOSE OF REALITY: PROMOTING ACCESS TO PHARMACEUTICALS
Bryan A. Liang
8 Wake Forest Intell. Prop. L.J. 301

Written by the Symposium’s key-note speaker, Bryan A. Liang, this article addresses the problems of access and availability of affordable and authentic pharmaceuticals. The article explores the underlying causes of counterfeit pharmaceuticals and proposes a legislative solution to promote increased access and availability to safe and authentic pharmaceuticals. Liang supports a low-cost/no-cost program for certain individuals and promotes the identification and registration of pharmaceutical wholesalers. Furthermore, Liang recommends accreditations for legitimate Internet pharmaceutical sellers, education efforts to explain the dangers of counterfeit pharmaceuticals, and increased criminal penalties for pharmaceutical counterfeiters.

COUNTERFEIT DRUGS: THE GLOBAL CONSUMER PERSPECTIVE
Robert C. Bird
8 Wake Forest Intell. Prop. L.J. 387

This article examines consumer demand for counterfeit pharmaceuticals. Professor Bird suggests that pharmaceutical companies can effectively use advertising and marketing campaigns to increase awareness of the dangers of counterfeit pharmaceuticals, promoting the use of genuine pharmaceuticals and decreasing demand for these dangerous substitutes.

ADDRESSING THE NORTH-SOUTH DIVIDE IN PHARMACEUTICAL COUNTERFEITING
Daniel R. Cahoy
8 Wake Forest Intell. Prop. L.J. 407

This article explores the contrasts between the developed and developing worlds in their approach toward counterfeit pharmaceuticals and the issues raised by counterfeit pharmaceuticals in the developing world. Professor Cahoy proposes positive and negative incentives for private industry to help policy makers address the problem of counterfeit pharmaceuticals. Disincentives include tort liability for manufacturers of counterfeit drugs, while incentives would reward practices like granting subsidies to promote access to affordable and safe pharmaceuticals.

PHARMACEUTICAL COUNTERFEITING AND THE PUZZLE OF REMEDIES
Sandra L. Rierson
8 Wake Forest Intell. Prop. L.J. 433

This article explores the remedies available for counterfeit pharmaceuticals as well as other goods. Professor Rierson proposes that available remedies should take into account the moral culpability as well as the actual harm that results from counterfeiting.