Combating substandard and falsified medical products

By Guy José Bendaña-Guerrero & Asociados

The World Customs Organization (WCO) jointly held with the World Health Organization (WHO) an online workshop on combating the trafficking of substandard and falsified medical products in the Americas and Caribbean region.

In his opening address, Mr. Ricardo Treviño Chapa, WCO Deputy Secretary General, emphasized that “Customs administrations must protect borders against illicit trafficking and, in particular, against non-compliant, falsified and/or substandard medical products”. 

Some 30 Customs officers specialized in enforcement and risk management took part in the workshop, representing nine countries from the Americas and Caribbean region, including Nicaragua.

During the workshop, the WHO representative informed participants about the dangers that substandard and/or falsified medicines pose for public health. She drew attention to the cases of lethal paediatric products, while calling on Customs administrations to increase their vigilance at borders.

A representative of the Executive Secretariat of the Council of Europe’s Medicrime Convention also took an active part in the discussions. The Medicrime Convention is a binding legal instrument in the field of criminal law which criminalizes not only counterfeiting but also the manufacture and distribution of medical products placed on the market without authorization or in violation of safety standards.

The second day of the workshop was dedicated to presentations from the private sector. Rights holders representing four pharmaceutical companies presented techniques and best practices for detecting falsified or substandard pharmaceutical products from the perspective of the private sector.

Guy José Bendaña-Guerrero & Asociados

GUY JOSE BENDAÑA GUERRERO & ASOCIADOS has a long and prosperous tradition in the field of intellectual property (IP) in Nicaragua, with roots that go back to more than 100 years, resulting on long-term relationships with renowned clients and attorneys worldwide.

The firm has its origins in the law firm Henry Caldera & Henry Caldera-Pallais, founded in 1907 by Mr. Henry Caldera. That same year of 1907, through the efforts of Mr. Caldera, Nicaragua had its first Trademark Law. In the late 1930’s, Mr. Caldera’s oldest son, Dr. Henry Caldera-Pallais, after studying law in Nicaragua, attended the University of Michigan, where he graduated as a Registered U.S. Patent Attorney. Dr. Caldera-Pallais in 1964 was a founding member of the Interamerican Association of Intellectual Property (ASIPI), the first regional intellectual property organization in the Americas. The firm continued to grow during the administration of Dr. Franklin Caldera, son of Dr. Caldera-Pallais, who obtained his doctoral degree in law from the Universidad Centroamericana in 1973.

Since 1985 the current partners, Dr. Guy José Bendaña Guerrero and Mrs. Blanca Aragón de Bendaña, took over the management of the firm. Dr. Bendaña Guerrero, Director of the firm, has distinguished himself as one of the most respected authorities in Central America in the field of intellectual property and law in general, being the author of several books such as “Course of Industrial Property Law”, “Study of the new Laws of Industrial Property” and “New Study of Contracts “, among others. Mrs. Aragón de Bendaña has served as the firm’s general manager and, thanks to her excellent management, the firm has been in constant growth, with a highly qualified staff committed to excellence. Since 1996, partner Julián José Bendaña Aragón joined the firm, and has been standing out as one of the most recognized attorneys in the field of intellectual property.

We have adapted to the constant change of the business world, supporting our clients in finding the most appropriate legal solutions for each moment. The firm distinguishes itself by understanding the needs of its clients, offering personalized service and adding value to its activities.

Nowadays we continue to be the leading firm in Nicaragua in the area of intellectual property, and at the same time, we have been consolidating other areas of service within the civil, commercial and labor fields, as well as litigation and consulting in general. The firm is well positioned to guarantee a pragmatic service that meets the requirements of the most demanding clients.

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