A EU operation to develop and enlarge expertise in
tackling the trade of fake medicine through the internet
Module E-commerce THE WEB WE KNOW
The web size can be defined by:
• The numbers of domains in the world (around 250 M)
• The number of indexed pages (around 2 B)
• The server space used to index (around 2000 T)
It is 500 times bigger than we know (surface or indexed web).
Deep web (not indexed)
Dark web (hidden)
To access the dark web, tools, knowledges, sources and sagacities are necessary.
Stolen credit card, ID theft, military information, il egal porn websites and il egal commerce of:o ID cards CLEAR WEB
• In recent years, the dynamic part of the web, ie open and "conversational" platforms, have • More and more people have access to the internet, more and more people have access to the internet from smartphones and tablets.
• The turnover of e-commerce is growing.
• 68% Europeans access to the internet• 40% of Europeans access to social networks and use them regularly US Census Bureau / InternetWorldStats, GlobalWebIndex FAKE FLOW
The web is a driving tool for the legitimate trade but also a growth factor in criminal activity through:• transaction rate• enormous ease of access• anonymity• suppliers located in any part of the world Goods labeled, without authorization, with a trademark or trade name identical to the trademark validly registered or which can not be distinguished from that mark.
Labels, brochures, packaging having counterfeit marks belong to the same category even if presented separately from goods.
(eg. the model or drawing) fabricated without the consent of the rights holder.
Report on EU Customs enforcement of IPR - 2012 EU COUNTERFEIT GOODS TOP
Report on EU Customs enforcement of IPR - 2012 COUNTRY OF PROVENANCE OF
Report on EU Customs enforcement of IPR - 2012 FAKE FLOW
A scientific study showed that a single commercial spam e-mail campaign generated
three messages for every person on the planet.
That same study revealed that to sell $100 worth of Viagra, a spam provider needed to send 12.5 mil ion messages.
• In a frenetic growth, for a business of hundreds of mil ions of dollars • In particular FB (phishing attacks) and YouTube (risky • The rate of spam is growing faster than the rate of comments on social media Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003Commission Implementing Regulation (EU) No 1352/2013 of 4 December 2013 establishing the forms provided for in Regulation (EU) No 608/2013 of the European Parliament and of the Council concerning customs enforcement of intellectual • Industrial• Artistic or literary Intellectual property involves personal and property rights through patents and DIR 95/46/EC ART. 39 ON INTERNET
F.B.I. warns: "healthcare sector vulnerable to cyber attacks"
«Health data is far more valuable to hackers on the black market than
credit card numbers because it tends to contain details that can be used to
access bank accounts or obtain prescriptions for controlled substances

(Reuters 23 april 2014)
63% healthcare industries, has suffered a violation The medium damage is 2.4 Mil $ for companies
The value of single medical record is 50 $
The value of single credit card name is 1 $
For 1 dollar spent, the cyber crime revenue are 750 dollars PONEMON INSTITUTE – USA REPORT 2013
1.to obtain prescriptions of controlled substances 2.interested in using the medical data for 3.to open new insurance accounts WHY HAPPENS THIS?
1.Failure to apply the security and privacy rules 2.Failure to verification of company processes 3.No risk assessment – data protection 4.Too much confidence in their own internal 5.No third party control DRUGS ON INTERNET
• 40.115 active e-pharmacies (LS) • 19.000 Seized websites [Pangea V, Sept • Online pharmacy represents a service to customers, so that they can order and get the necessary medicines; • In small market countries with a relatively minor medicines need, the market for the manufactures of medicines is not given to the • Customers are using online ordering, because the smal er areas may have a lack of rare STRENGTHS OF ONLINE
• The price remains one of the most important factors in purchasing decision. Customers choose to buy via online pharmacy to save money rather than time.
• Internet gives the buyer more time for absorbing and comparing all information.
• Privacy is another equally important reason making people choose an online pharmacy.
• Some people do not ask a pharmacist for additional information because they are not comfortable being surrounded by the other customers.
• Over the internet, you can order all products and get consultations with total confidentiality.
• While buying from online pharmacy client is not sure, if the online pharmacy operates legal y – there is no clear sign which would separate the legal online pharmacy from the il egal one;• A client is not given a possibility to receive pharmacy service from a pharmacist;• Nobody ensures the quality, safety or efficacy of the medicinal products: there is a high risk to buy a defective medicinal product or a falsified product.
Analysis of the conversations between 26 Feb – 26 May 2014
about Viagra, Cialis and Levitra
Is it legal to sel and buy drugs online?
The situation, actual y, in the light of different
current legislation in the EU member states is MEDICINES AND NOT
With the Directive 62/2011, the European Union has proposed common rules for the online sale of all OTC drugs, given the drugs that are not subject to medical prescription are considered goods and therefore, they free to move within the EU.
online sales of aspirin and supplements are accepted, drawing up a list of domestic pharmacies that have been authorized for sale.
the list is freely accessible, so the buyer can verify if the pharmacy from which he buys is subject to government controls.
For drugs that require a prescription, the European Union leaves each state free to decide its rules. In some states, therefore, the so-called POM (Prescription Only Medicines) can be freely sold online.
With the ruling 11 December 2003 (Case C-322/01, Deutscher Apothekerverberand eV vs. 0800 Doc Morris and J. Waterval NV), the Court explained:- That a general prohibition on mail-order sales of medicines by means of a website is illegitimate (measure having equivalent effect within the meaning of Art. 28 of the EU Treaty), since this prohibition is considered the most damaging of commercial pharmacies ester, for which the Internet can be an important tool for access to a national market, and does not affect equally domestic pharmacies compared to those of other Member COURT OF JUSTICE OF THE EUROPEAN
- That a valid cause of justification of the ban on distance selling of drugs by a pharmacy for reasons of public health (article. 30th EU Treaty), can be detected only with reference to medicinal products subject to medical prescription, but not for the the-counter COURT OF JUSTICE OF THE EUROPEAN
- That, therefore, a general ban on the sale of medicines at a distance via the Internet, contained in national legislation is not in conformity with Community law: the ban is indeed justified only with reference to medicinal products with a prescription and over the counter medicines, moreover, since there is "a ban on advertising complies with Community law which may have the effect of preventing the lawful sale of medicines via the Internet." In some states, the online sale of al drugs, regardless whether they are OTC or not, has been forbidden.
In some states, the adaptation to the European Directive 62/2011, to prevent the entry of counterfeit medicines in the supply chain, has formal y authorized the opportunity to sell and buy online OTC medicines, as long as they have the "Quality Seal". The online retailers wil have to be approved and the list shal be available to INTERPRETATION OF THE LAW
A citizen who is in a EU country, different from his, can buy there a medicine in accordance with the EU principle of free movement of persons, which al ows anyone to move freely within the territory of the EU with no restrictions. And once back home, he can continue to use it because there is no law that sanctions the "possession" of drugs purchased abroad.
The Internet is a transfer - albeit virtual – of the citizen abroad. Then, being able to legally buy drugs going in a country, he can do it, also online.
The law applicable to a contract between private parties, located in two different places, is that of the State where the contract was concluded: where the seller received the order by the customer through the website or via email.
If the online sale of drugs in this country is allowed, the purchase is totally legal.
From the second half of 2015, a common European logo wil be posted on the homepage of the websites are authorized to sell drugs and make it possible to verify its authenticity.
On the left wil display the flag of the country where you wil find the online pharmacy and the text must be translated into the official language (or languages if more than one) of the same country.
The user arrives on the page of an online pharmacy that has this logo can click on it to be redirected to the site of the national authority which lists all pharmacies legal on the web and all authorized dealers to sel drugs.
At this point, just make sure the dealer from whom you want to buy the medicine appear in the list and proceed with your order safely. If the pharmacy does not appear in the list then it wil be better not to make the purchase and choose another retailer from those indicated.
In case a citizen of a country where the online purchase of drugs is forbidden would buy a drug from a country where online buying is legal, the act of purchase from an authorized website is then legitimate.
However, the problem occurs at the time of delivery because if the drug is not authorized on the national soil, it can be prefigured the offense of unlawful importation of drugs without required authorization. Once obtained the authorization by the EMA or of the individual Member States, the drug can be sold on a regular basis, and every limitation may also be framed with a view to violation of the principle of free movement of goods within the common PERSONAL USE
The importation of online drugs does not constitute a crime when the purchase is made by individuals in smal quantities for personal use only, without any indication which might make think of a business activity aimed at the dissemination to the public of imported products (such as indicating a VAT number). The offense is usual y chal enged to whom, at customs, is surprised with big quantities of drugs purchased abroad, which suggests an activity of marketing and sales within the Italian soil.

Source: http://www.hippocrates-project.eu/upload/E_learning/ENG/E-COMMERCE.pdf


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