Hippocrates-project.eu
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)
THE UNKNOWN WEB
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.
WHAT DO WE FIND IN THE
DARK WEB?
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
TO 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.
EU COUNTERFEIT GOODS
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
THE SPAM CHAIN
SPAM RETURN OF INVESTMENT
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.
SOCIAL NETWORK SPAM
• 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
FACTS AND FIGURES
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
WHY THE MEDIAL RECORDS?
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.
RISKS OF ONLINE PURCHASING
• 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.
MOST POPULAR TWEETS
Analysis of the conversations between 26 Feb – 26 May 2014
about Viagra, Cialis and Levitra
MOST POPULAR TWEETS ON DRUGS
FOR ERECTILE DYSFUNCTION
MOST POPULAR LINKS ON DRUGS FOR
OF DRUGS E-COMMERCE
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.
COURT OF JUSTICE OF THE EUROPEAN
UNION ON E-COMMERCE - 1
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
UNION ON E-COMMERCE - 2
- 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
UNION ON E-COMMERCE - 3
- 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.
HOW TO CHECK IF A WEBSITE IS 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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