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知产故事网店卖进口药换来10年刑期近年来,越来越多未经监管部门“验明正身”的境外药品悄悄地通过网络、海外代购等非法销售途径流入我国市场。根据我国《药品管理法》的规定,药品进口须经国务院药品监督管理部门审查批准后发给进口药品注册证书;未经批准进口的药品,即等同假药论处。自2011年5月1日起实施的《刑法修正案(八)》规定,行为人只要有生产或销售未经批准进口的药品行为,都可能以涉嫌销售假药罪被追究刑事责任。
In recent years, more and more overseas pharmaceuticals that have not been verified by regulators have quietly passed through the Internet, overseas purchasing and other illegal sales to China’s markets. According to the provisions of the “Drug Administration Law” of our country, the import of pharmaceutical products shall be subject to the import drug registration certificate after being examined and approved by the drug regulatory department of the State Council. The drugs imported without approval shall be regarded as equivalent to the counterfeit drugs. The Amendment to the Criminal Law (8), which came into force on May 1, 2011, stipulates that as long as the perpetrator conducts the manufacture or sale of drugs that have not been approved for import, he may be held criminally liable for the crime of selling counterfeit drugs.