It is not illegal if the quantity is small and only for individual use. It is illegal if you engage in personal shopping for a long time and make profits from it.
1. According to Article 48 of the Drug Administration Law, drug packaging should meet the requirements of drug quality and facilitate storage, transportation and medical use. Chinese herbal medicines should be shipped in packaging. On each package, the product name, place of origin, date and supplier should be indicated, and a quality mark should be attached. The foreign drugs in this case are considered counterfeit drugs in China.
2. The case handling agency also sent a letter to the local Food and Drug Administration, requiring them to issue an identification certificate. After identification, the foreign Viagra involved in the case was a counterfeit drug as defined in the Drug Administration Law, and should be treated as a counterfeit drug. Discuss.
3. The prosecution believes that the evidence in the case fully proves that the defendant knowingly sold the medicine to others as counterfeit, and the defendant’s behavior violated Article 14 of the Criminal Law of the People’s Republic of China and the People’s Republic of China. According to the provisions of Article 11, criminal liability shall be investigated for the crime of selling counterfeit medicines.
4. The defendant argued that what he bought and sold were real medicines and good medicines imported from foreign countries, regardless of the manufacturer, production batch number, certificate of conformity, inspection certificate, product ingredient list, usage The instructions, etc. are all complete and the origin is legitimate. How could this kind of medicine be fake? Are apples bought abroad fake apples? Are foreigners not human beings? This is very ridiculous.
5. The defender also proposed that the existing evidence is not sufficient to convict the defendant of the crime of selling counterfeit drugs, and the defendant should be acquitted of the crime and sentenced to not guilty.
"Viagra", the trademark is registered by Guangzhou Wellman Pharmaceutical Company. The National Trademark Office accepted the application in June 1998. On June 21, 2002, Guangzhou Wellman's "Viagra" trademark passed the preliminary examination of the National Trademark Office and was announced.
This trademark was first used on the company's "phentolamine mesylate rapidly dispersible tablets/capsules" for the treatment of male erectile dysfunction, which was officially launched in early September 2003.
In 2004, the trademark was transferred from Guangzhou Wellman Pharmaceutical Company to Shenzhen Phoenix Life Culture Media Advertising Co., Ltd. The holder of the "Viagra" trademark, Shenzhen Phoenix Life Culture Media Advertising Co., Ltd., has exclusively licensed the Viagra trademark (trademark number: 1911818) to Baiyunshan Jinge. During the contract period, any other unit or individual will not use Sildenafil Any unauthorized use of the "Viagra" trademark on the film is suspected of infringement.