Enter the DRUGS Act: how proposed legislation will aid in the fight against counterfeit medicines

In this co-published analysis, Sunstein’s Bryan Harrison explores the challenges posed by illicit online pharmacies, and the legislation that could help pharmaceutical companies fight back.

On 15 and 30 December 2021, the US Senate and the House, respectively, introduced versions of the Domain Reform for Unlawful Drug Sellers Act (the DRUGS Act). The two are nearly identical and are intended to provide a relatively straightforward mechanism for shutting down illegal online pharmacies. This analysis will provide a brief overview of the need for such a law, drill down into the provisions of the bill as currently drafted, and explore how pharmaceutical companies can leverage the current version of the bill to protect their trademarks.

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