By: Némesis Escalante
Guide to legal actions against counterfeit medicines
What is counterfeiting?
(Cabanellas) Adulteration, corruption, change or imitation to harm another or obtain illicit profit; whether in writing, in currency, in chemical, industrial or mercantile products, etc. Crime of falsehood committed in a public or private document or in coins, stamps and marks.
Counterfeit drug:
The World Health Organization (WHO) defines a counterfeit drug as “a product deliberately and fraudulently mislabeled as regards its identity and/or source”. The falsification of medicines can affect both brand-name and generic products, and can be products made with the wrong or correct ingredients, and may even be replaced by toxic substances, with active ingredients in insufficient quantity or without them, or with packaging forged.
As mentioned by the WHO, counterfeiting is based on very flexible methods that seek to imitate legal products so as not to be detected.
For example:
- They may contain and detail false information about the identity or origin of the product.
- May contain active ingredients other than those declared.
- They may not contain any active ingredient.
- They may contain active ingredients in doses different from those authorized.
- They may contain harmful substances that directly affect health or worsen a disease. Among others.
Border measures procedure in Honduras
By means of Decree 013-2013, the National Intellectual Property Strategy of Honduras was approved, within which several country commitments were established on purely IP issues, many of which have already been fulfilled or are about to be fulfilled, such as the Prosecutor’s Office Special Protection of Intellectual Property, the Interinstitutional Commission to Combat Piracy, prepare and approve the Regulations for the application of border measures.
The Special Prosecutor’s Office for the Protection of Industrial Property and Computer Security (FEPROSI) acts in coordination with Customs, above all because precisely the customs officials do not act ex officio due to the responsibility for damages, which would also be established in real value of the property. commodity.
ARTICLE 316. Of the Regulations of the Customs Code in Honduras mentions the following:
“The customs services of the States Parties shall have competence for the execution of border measures in matters of intellectual property on merchandise that may be[1]https://www.lexivox.org/packages/lexml/mostrar_diccionario.php?desde=Facultad%20procesal&hasta=Faltar&lang=es
2 http://www.scielo.org.bo/scielo.php?script=sci_arttext&pid=S1726-89582019000100013
3https://www.oie.sieca.int/documentos/ver/Manual%202,%20Medidas%20en%20frontera,%20final.pdf
infringing intellectual property rights, in accordance with the provisions of the applicable legislation.”
Process
1. Request for detention
In Honduras, the process related to ex officio Border Measures by customs officials is based on the Regulations of the Central American Uniform Customs Code (RECAUCA), which establishes that the customs services will be competent to execute border measures. in terms of intellectual property to merchandise that may be infringing intellectual property rights.
The customs authorities will intervene ex officio when it corresponds, prior constitution of a guarantee to indemnify possible damages to the consignee of the merchandise. Once the goods are detained, the customs officials notify the owner of the allegedly violated intellectual property rights so that he can initiate the corresponding legal actions. If the holder does not initiate the action, the Customs Authority may authorize the dispatch of the goods, unless there is a well-founded presumption of a crime, in which case it will be made available to the competent authority.
Prior order of the competent authority, the Customs Authority may proceed to the destruction of goods that infringe protected intellectual property rights, when appropriate.
Although RECAUCA indicates the guidelines detailed above under which the Customs Authority can act ex officio, it does not establish specific terms of time under which each action must be carried out. This is why both the Customs Authority and the Public Ministry have chosen to fill those gaps with the provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS); For example, with the subject of retention of the merchandise mentioned above, Article 55 TRIPS establishes that the retention period cannot exceed 10 business days and in the event that the interested party initiates an investigation process, they will have a period of 3 days. able to review the fraudulent merchandise.
In Honduras, ex officio actions by the Customs Authority are not frequent because they are limited to findings that are the result of the red selectivity channel, which involves a complete review of an import (documentary review and physical inspection of merchandise). Once the merchandise is withheld, the owner whose rights have been affected is notified (who, once notified, has 10 business days to pronounce on the respective review).
• Review: the attorney or legal representative of the owner is present at the review with his expert, the customs official and the importer’s representative with his own expert. In this phase, both parties show the relevant evidence. If the expert opinion concludes that the merchandise is false, said report constitutes the indication that will serve the Prosecutor’s Office to formulate the respective accusation before the competent Court.
• Complaint: Once the record of the container’s review is drawn up within the following 3-4 days, the Customs Authority must prepare the tax requirement and report the infraction committed to the Public Ministry.
• Completion of Border Measures: If within a period of 10 business days from the notification of the retention of the merchandise to the plaintiff by notice, the customs authorities have not been informed that the process has not been initiated. corresponding procedure by the affected party, they will be dispatched if all other conditions required for their import or export have been met.
It is important to mention that if a lawsuit is filed, the process continues as follows:
• Filing of lawsuit: The owner of the infringed rights files a lawsuit to claim civil damages and the corresponding penalties.
• Conciliation: In this stage, the parties can reach a conciliatory agreement where the measures to be taken with respect to the infringing merchandise are established. Conciliation can occur at different stages of the process:
a. At the time that the defendant’s statement is made, the judge can close the statement hearing and open an ad-hoc conciliation hearing.
b. A conciliation hearing can be held from the beginning of the process until before the Preliminary Hearing is scheduled.
c. Once the Preliminary hearing is held, the parties present the conciliatory agreement in writing to the Judge, who reviews it and issues a Final Dismissal of the case.
• Preliminary Hearing before a Judge: If conciliation is not carried out in the preparatory stage of the trial, the Criminal Judge summons a hearing where the accusation is formalized, the Charges Answer is made and the Order of Opening to Trial is issued.
• Storage during the process: In Honduras, the container with the merchandise affected after its revision, is vacated, the specific merchandise object of the infraction is removed, and the container is delivered. The infringing merchandise is deposited during the process in the Public Ministry warehouse for the duration of the process and the maintenance cost is borne by the Public Ministry. If the infringed merchandise is too much, the owner is required to rent a warehouse and the cost is borne by the owner.
• Trial: The parties, witnesses, customs officials who intervened in the procedure are summoned (to demonstrate that the chain of custody was not altered).
• Final Resolution: The final resolution that began with the MF request and subsequent criminal judicial process, if continued, can be issued within a period of 2 or more years. In Honduras, convictions for cases of this type are not so common. This is mostly due to the fact that the parties involved reach an agreement, which, in part, reduces costs and in the same way a resolution of the conflict is achieved.
• Damages and Losses: In accordance with the Intellectual Property Law (article 164) the damages caused by civil and criminal offenses will be set by the judge and may be based on an expert opinion. However, the Law does not indicate what parameters said expert must use for this purpose.
The Law indicates that for purposes of calculating the loss of earnings that must be repaired, it will be calculated, at the option of the injured party, based on the following criteria:
1. According to the benefits that the holder of the right would have foreseeably obtained if the jurisdiction of the infringer had not existed.
2. According to the amount of profits obtained by the violator as a result of the acts of infringement; Y,
3. According to the price that the infringer would have had to pay to the owner of the right for a contractual license, considering the commercial value of the object of the infringed right and the contractual licenses that had already been granted.
Request at the Request of a Party
In Honduras, this process is the one that occurs the most and does not require much activity on the part of the owner of the allegedly infringed rights. The process can be initiated in two ways:
1. Before the Intellectual Property Prosecutor’s Office: The owner or his legal representative must submit a reasoned request together with the corresponding Power of Attorney and the Certificate of the trademark that is suspected of being violated. Once the documentation is presented, a prosecutor is assigned to the case, who oversees analyzing said documentation, admitting it and issuing an Official Letter with the details of the case to a specific official of the Deputy Directorate of Customs Revenue.
The official accuses of receiving the Official Letter and is responsible for issuing a circular to all customs in the country to alert about the container of false merchandise, imitations, etc.
2. Directly before Customs: The owner or his legal representative must submit a reasoned request together with the corresponding Power of Attorney and the Certificate of the trademark that is suspected of being violated. The customs officer is responsible for issuing a statement to the other customs to alert about the container of false merchandise, imitations, etc.
Subsequently, the following steps are continued: The Customs Authority retains the suspicious container, notifies the Public Ministry of the suspicion, who within 10 days sends the prosecutor assigned to the case to the corresponding customs office and proceeds with the review of the container for Verify with the help of an assigned expert whether there is counterfeiting, parallel importation, etc. If there is an infringement of IPRs, the assigned prosecutor draws up the corresponding record and orders the confiscation of the merchandise, which leaves the way open for the criminal complaint/demand as established above.
Honduran regulation that governs the process of counterfeiting medicine
Criminal code of Honduras
ARTICLE 181.- Anyone who knowingly distributes or sells food products, medicines or consumable substances in general, even without nutritional value, that represent a health risk or may cause illness due to their contamination, improper preparation or poor hygiene, will be sanctioned depending on the seriousness of the injury, with imprisonment from two (2) to five (5) years plus a fine of up to twenty (20) times the value of the product without prejudice to the sanctions that correspond to other crimes committed as a result of the same actions.
ARTICLE 182.- Whoever prepares food or therapeutic substances in a way that is dangerous to health, will be sanctioned with imprisonment from one to five years. The same penalty shall be incurred by whoever knowingly imports, distributes, sells, exports, or keeps in deposit for distribution or sale, substances harmful to health or counterfeit, adulterated, deteriorated, contaminated, or expired food.
ARTICLE 182 A.- Shall be punished with imprisonment from one (1) to six (6) years whoever, without being legally authorized to do so, sells substances, narcotics, enervates or similar strictly pharmaceutical regulations, sells or serves as an intermediary in the purchase from under twenty-one (21) years of products containing organic compounds such as plastic cements, paint thinners and all kinds of glues that, when inhaled, produce habit, habituation or dependence, both psychic and psychophysical.
ARTICLE 183.- Whoever, exercising the drug trade, duly authorized by law, dispenses them without medical prescription, when this is necessary, or in disagreement with it, or supplies them in species, quantity, or quality different from that prescribed by the physician. The same sanction will be applied to whoever, in the same case, sells medicinal substances knowing that they have lost their therapeutic properties.
ARTICLE 184.- If the crimes set forth in the four preceding articles result in the death of any person, the person responsible will be punished with the penalty of simple homicide or qualified homicide, depending on the circumstances involved in the act.
ARTICLE 185.- In any case, the harmful food or medicinal substances will be confiscated, and remitted to the Secretary of Public Health, for the corresponding legal effects.
ARTICLE 191.- Crimes against public health that are committed negligently will be sanctioned with the corresponding penalty, reduced by two thirds.
ARTICLE 289.- Whoever, knowingly, makes use of a false document in whole or in part will be sanctioned as if he were the author of the falsehood.
ARTICLE 428.- CONTRABAND. A smuggling crime is committed by anyone who, without permission from the competent authority, imports or exports goods or merchandise from the national territory, customs facilities, general warehouses, sites subject to the temporary import regime and free zones whatever their name or purpose. of any kind, origin or provenance through places not authorized or authorized, avoiding in any way the intervention of the customs or tax authorities, when the value of the goods or merchandise is equal to or greater than Fifty Thousand Lempiras (L.50,000) or when the contraband for the purposes of this article, the following acts of smuggling are also considered:
- Carrying out trade operations of lawful trade goods without complying with the legally established requirements for import and export, for not having obtained prior authorization when required, or when it has been obtained by virtue of the omission of data or the provision of false data or documents; and,
- The possession of foreign goods not intended for personal use that lack the proper authorization, or when it has been obtained thanks to the omission of data or the provision of false data or documents. The breakage, without authorization of the competent authority, of seals, stamps, marks, doors, containers, or other means of security of goods or merchandise, whether destined for the country or abroad, is also considered contraband.
ARTICLE 429.- PENALTY FOR THE CRIME OF SMUGGLING. The crime of smuggling must be punished with prison sentences of three (3) to five (5) years and a fine equivalent to double or triple the value of the goods or merchandise.
ARTICLE 459.- USE OF FALSE DOCUMENT. Whoever, without having intervened in its falsification, presents in court a false document of those included in Article 456 of this Code or, makes use of said document causing damage to a third party, makes use of said document, must be punished with the penalty of prison designated for counterfeiting, reduced by one third (1/3).
Criminal procedural code of Honduras
Article 219.-A. Seizure, confiscation, and destruction of counterfeit or pirated merchandise. In crimes against intellectual property rights, the judge or court will additionally order the following measures: 1. The seizure of the allegedly counterfeit or pirated goods, all the materials and accessories used to commit the crime, all related assets with the offending activity and all documentary evidence relevant to the crime. Materials subject to seizure in said court order will not need to be individually identified if they fall within the general categories specified in the order; 2. The confiscation of all assets related to the infringing activity.
Smuggling and tax fraud law Honduras
ARTICLE 1.- Contraband is the illicit traffic of things, genres, species or articles that are stagnant or prohibited by current laws or regulations.
ARTICLE 2.- It is fiscal fraud the clandestine import or export of goods, species or articles, national or foreign merchandise without presenting them in due form for the payment of the rights established in favor of the Treasury and any other act that tends to elude the satisfaction of fiscal taxes.
Constitution of the republic of Honduras
ARTICLE 146.- It corresponds to the State through its dependencies and the organisms constituted in accordance with the Law, the regulation, supervision and control of food, chemical, pharmaceutical and biological products.
Agreements on trade-related aspects of intellectual property rights (trips)
ARTICLE 51. The Members, in accordance with the provisions that follow, shall adopt procedures13 so that the owner of a right, who has valid reasons to suspect that the importation of counterfeit trademark or trademark goods or pirated goods that injure The copyright may submit to the competent administrative or judicial authorities, a written demand so that the customs authorities suspend the release of these goods for free circulation. Members may authorize such a claim to be made also with respect to goods that involve other infringements of intellectual property rights, provided that the requirements of this section are met. Members may also establish analogous procedures for customs authorities to suspend clearance of such goods intended for export from their territory.
ARTICLE 52.- Any holder of a right that initiates a procedure in accordance with article 51 shall be required to submit sufficient evidence to demonstrate to the satisfaction of the competent authorities that, in accordance with the legislation of the importing country, there is a presumption of infringement. of its intellectual property right and that provides a sufficiently detailed description of the goods so that they can be easily recognized by customs authorities. The competent authorities will inform the plaintiff, within a reasonable time, if they have accepted the claim and, when it is they who establish it, the term of action of the customs authorities.
General law of medicines of Honduras
ARTICLE 10.- General Superintendence of Medicines.
Create the General Superintendency of Medicines (SGM), as a unit attached to the Secretary of Health, with decision-making, functional independence, and allocated budget, which will act as a regulatory and surveillance body as provided in this law.
The General Superintendency of Medicines (SGM) will have the following functions and powers:
H) Combat drug fraud and counterfeiting. Execute actions to prevent the dispensing of expired, adulterated, stolen medications, which present evidence of broken seals or containers, chemical or biological degradation or decomposition, or other conditions that affect the therapeutic standard.
ARTICLE 28.- Drug Information Networks and Systems. They constitute the network and pharmacological information systems.
2.E) Establish the statistical behavior of the official list of medicines in relation to the conditions of health benefit and functional and economic access to medicines, in particular in sectors of high health risk and limited income of society.
d) Measure effects on the drug market due to the operation of the International Drug Price Reference System.
Health Code
Article 133: The SECRETARIAT is responsible for the registration of chemical, pharmaceutical, cosmetic, and biological products, and raw materials for pharmaceutical use, exercising, together with the Pharmaceutical Chemical Association of Honduras, the inspection and sanitary control. The elaboration of pharmaceutical specialties of the Pharmaceutical Chemical Association of Honduras will carry out the qualitative and quantitative chemical analyzes and other corresponding ones, as an official laboratory for the quality control of medicines.
Procedure for filing a complaint
This process is found in the Criminal Procedure Code of Honduras, from articles 263 to 346, based on the ordinary procedure.
Provisions common to the ordinary procedure.
Single chapter.
General disposition.
Article 263. Stages of the investigation and the trial. The process of investigation and prosecution of crimes will consist of the following phases:
1) Preparatory stage.
2) Intermediate stage; Y,
3) Oral and public debate or trial.
Article 264. The preparatory stage. The preparatory stage will consist of the following acts:
1) Complaint, when filed.
2) Preliminary investigation.
3) Tax requirement and,
4) Initial hearing.
Article 265. The intermediate stage. The intermediate stage will include the following acts:
1) Formalization of the accusation.
2) Answer of charges, Y,
3) Order of opening of the trial.
Article 266. Acts that make up the debate. The oral and public debate or trial will consist of the following acts:
1) Preparation of the debate.
2) Substantiation of the trial; Y,
3) Deliberation and sentence.
Preparatory stage
It is at this stage that the entire process begins, the formal complaint is filed, which can be verbal or written, before the Authorities of the Public Ministry or the National Police, after which the complaint is sent to the corresponding Department, which may be the Special Prosecutor for Intellectual Property and Computer Security or the Special Prosecutor for Transparency and Combating Public Corruption, or whoever the Public Ministry decides belongs to the case, and this begins with the preliminary investigation, in which the competent authority begins to carry out all the pertinent and useful investigations to determine whether or not the fact that was denounced exists, in this investigation the Customs Administration of Honduras can cooperate and to verify that if the fact exists, proceed to issue a circular ordering to stop the entry of any medicine falsified that is indicated in the list that the MP will provide.
In addition, if it is verified that if the criminal act exists or existed, the Fiscal Requirement will be issued against the person involved, and if this is verified at the same time of the complaint, it will be immediately arrested and placed before the orders of the court during the next 24 hours, in case the investigation is more complete, he may remain detained from 48 hours to 6 days while said investigations are carried out.
If it is not necessary and it is estimated that the accused will not do anything that affects the process of which he is accused, the Public Ministry will request that the accused be summoned to make him aware of the facts and that he gives his statement if he wishes. If on the contrary, the Public Ministry considers that such circumstances concur, it will request that an arrest warrant be issued. If the latter is found abroad, the Public Ministry will request the fiscal requirement to proceed with the Extradition Order.
When he is in court, all his rights and the facts imputed to him will be mentioned, and he will make his statement as the accused in case he wishes not to remain silent and testify.
Then the day and time will be set for the initial hearing to be held, where the accused, the defense attorney, and the prosecutor will be present. Immediately the judge will pronounce resolution:
1) Dictating provisional dismissal.
2) Dictating definitive dismissal; Y,
3) Decreeing a formal indictment or declaration of inmate
At this hearing, a minimum evidentiary activity must be carried out to provide circumstantial material to decide on the probable occurrence of the alleged act, and to see the participation of the accused.
In the intermediate stage, in which the Preliminary Hearing will be held, the prosecutor will ask the judge for the date and time for said hearing to be held, which must take place within sixty (60) days following the date on which the order of imprisonment or the declaration of inmate remains firm. A further extension may be requested, which may not exceed 60 days and will be granted in exceptional cases.
At the hearing, the Prosecutor or private Accuser will express:
1) A brief and precise account of the actions or omissions on which the action is based.
2) The express mention of the most relevant aspects of the investigation carried out around said actions or omissions.
3) The qualification of the facts, in accordance with the provisions of the Penal Code or the special law in question. In case of doubt, the rating may fall, alternatively, on crimes that exclude each other.
4) The participation that the accused had in the actions or omissions, Y,
5) The minimum and maximum penalties that it considers should be applied to the defendant or defendants because of their participation in the crime, without prejudice to the clarifications or modifications that may be introduced in the debate in this regard.
Within 3 days following the Preliminary Hearing, the judge will dictate the opening order for trial, which must contain:
- The names and surnames and, if possible, identity number or passport, if applicable, of the parties.
- The description of the actions or omissions for which it is accused. If there is a discrepancy between the accusation presented by the prosecutor and that of the private accuser, the judge will try to reconcile them and, if this is not possible, the content of the first will be followed.
- The order that the actions that cannot be accumulated or that the related ones be accumulated; www.poderjudicial.gob.hn 112
- The summons to the parties so that, within a common period of five (5) days, counted from the last notification, plus the corresponding one for the distance, if applicable, they appear before the Sentencing Court and indicate the exact address to make notifications; and,
- The order to refer the proceedings to the competent Sentencing Court.
In exceptional cases of complex or diffuse evidence, the period referred to in numeral 4) may be extended for up to one (1) month, at the request of the prosecutor, the private prosecutor, or the defense attorney. The request must be submitted in writing before the order to open the trial is issued.
If after the Formalization of the Accusation and with all the evidence presented, the Judge considers that there are no reasonable grounds to proceed with the trial, he may issue his resolution, which will be appealable in the sense that the opening of this is not appropriate and, depending on the case, will pronounce provisional or definitive dismissal.
Within the 48 hours following the notification of the opening of the trial, the secretary will send all the proceedings and documentation used in the process to the headquarters of the Sentencing Court, and if necessary, will make the detainees available to them.
Finally, the Oral and Public Trial will be held, once the proceedings have been received, the court will summon the parties so that, within the following ten (10) days, they examine the proceedings and raise, where appropriate, the challenges, exceptions, or annulments, based on new facts that may arise. Such questions will be resolved by the court, in a hearing that must be held within five (5) days following the date of the presentation. Here the evidence will be proposed, and 3 days after the Judgment of the Evidence, the date and time for the trial will be given. At the beginning of the Oral and Public Trial, the legal warnings will be made, the parties will be sworn in and the Trial will begin. The trial will be held continuously, with the presence of the Sentencing Court, the parties and the other persons who have been authorized to intervene in it. In case any of the parties withdraws from the place, the trial will be suspended.
The defendant will have freedom of movement in the trial if he does it correctly and without alterations. This trial is public and anyone who wishes can attend, if the parties do not request that exceptionally it be held privately.
The statements of the accused, the witnesses and experts and the other interventions that occur during the debate, as well as the resolutions or sentences issued by the respective court will be oral.
Evidence will be presented, whatever its form.
The debate may take place in one or several sessions, if all the evidence cannot be covered, or that a witness has not appeared, among others.
Once the debate is closed, the Judgment Court will meet immediately to deliberate, to dictate the sentence that proceeds by law. The sentence will be in writing.
If the court considers that there is not enough evidence to convict the accused, it will issue an acquittal; also, he will be acquitted in case of reasonable doubt.
If the court considers that there are sufficient reasons to convict the accused, it will rule on the defendant’s guilt, will determine the act or acts for which he is considered guilty, the qualification of these will determine the minimum and maximum applicable penalty, and the instance of the party will order his arrest or the substitute precautionary measures that must be applied, this is the first phase. In the second phase, the specific penalty will be determined in accordance with the individualization rules prescribed in the Penal Code. When resuming the hearing for this purpose, the parties will be heard and the evidence they propose will be received in the order and in accordance with the rules applicable to the debate.
The secretary shall record in the minutes everything that occurred during the oral and public trial.
Judgments shall be drawn up in writing, subject to the following rules:
FIRST: They will be dictated in the name of the State of Honduras.
SECOND: In its preamble, the following shall be stated: 1) The court that issued it, the names and surnames of its members and the place and date of the sentence; 2) The crimes or misdemeanors object of the accusation; 3) The names and surnames of the prosecutor, if he has intervened in the trial, and in his case, of the accuser and of the proxy, if they have one; 4) The name and surnames of the accused person, age, affiliation, marital status, profession or trade, nationality, place of birth and that of their domicile or residence, as well as the identity card number or any legal or authentic document that identifies him, as well as the name and surnames of his defender.
THIRD: As procedural background, the final conclusions of the prosecution and the defense will be recorded in separate and numbered paragraphs.
FOURTH: The rationale for the ruling will be stated as follows: 1) Statement of proven facts. In separate and numbered paragraphs, an express and conclusive statement will be made of the facts that are considered proven, described with clarity, precision, and coherence, without using concepts that, due to their exclusive legal nature, predetermine the ruling to be issued. 2) Assessment of the test. Next, the evidence considered to declare these facts proven will be expressed, justifying, according to the rules of healthy criticism, the value that has been given to those practiced in court and, where appropriate, the reasoning used to obtain conclusions by presumption. based on indications, also declared proven. 3) Legal basis.
In separate and numbered paragraphs, the legal grounds for the qualification of the facts that would have been taken for each one (1) of the defendants will be consigned, in a clear, succinct and precise manner, indicating the applicable precepts or legal doctrine; of the causes of exemption, attenuation or aggravation of criminal responsibility, in the event that any of them concur; and of the penalties that are imposed, in case of conviction, as well as the doctrinal and legal foundations of the civil liability that the accused persons or others subject to it may have incurred; of the pronouncement on the costs; and the provisions that may be adopted on the fate of the seized objects.
FIFTH: In the operative part, the accused persons will be acquitted or sentenced, with separate pronouncements regarding each one of them, and each one of the crimes of which they have been accused, determining, in case of conviction, the corresponding penalty. to each one of them and for each infraction. The operative part will contain, in addition, the pronouncement that corresponds in matters of costs. Likewise, in the operative part, what is appropriate regarding the destination of the pieces of conviction, instruments and effects of the crime will be provided.
SIXTH: At the end, all the members of the court and the secretary will put their autograph signature, who will attest to the authenticity of the signatures that appear at the bottom of it.
Conclusion
In Honduras there is various applicable legislation in which we can rely on if any company or society wishes to initiate a process of requesting the adoption of border measures, and future processes related to Compensation in the case that brands, products and others are being marketed or used. forged. It is important to keep in mind that Counterfeit Medicines does not contribute to the social development of a country nor is it oriented towards the improvement of human health, since the main objective is to obtain simple economic benefits, deteriorating human health which increases the mortality and disease prevalence.