Компания медицинского оборудования оштрафована на 1 млн дирхамов за хранение и продажу поддельных устройств

Medical equipment company fined Dh1 million in for possession and sale of counterfeit devices Abu Dhabi, June 18, 2018 The Abu Dhabi Misdemeanors Court convicted a medical equipment company operated by three persons accused of possessing, displaying and selling counterfeited medical equipment, fined them Dh1 million, confiscated the materials seized and closed the warehouse where medicines and supplies were seized for six months. The details of the case go back to the receipt of a complaint by the Abu Dhabi Public Prosecution against a medical equipment company owned and operated by the three accused in the case. The said complaint was against the offer, sale and distribution of thermometers that were manufactured unlawfully and bore trademarks of other companies, which causes prejudice to public health, the confidence of dealers, approved agents and consumers. The Public Prosecutor's Office investigated the complaint by summoning the defendants and assigning a medical committee to examine the devices. The committee, after visiting the warehouse of the said company and examining the plastic part of the thermometer foud out that it was fake. Moreover, many tools and medical drugs stored in the warehouse were found damaged due to a poor storage system. Thus, they are unfit for use and represent a risk for human health. The committee, following its visit to the warehouse based on the authorization of the Public Prosecution, also found that the warehouse is not licensed and does not meet health conditions as stipulated by the law. The report of the committee further indicated in its report submitted to the public prosecution the absence of technical and health conditions of the stored medicines raised concerns for security and safety as well. This in addition to drafting bills, preparing drugs and pharmaceutical products for distribution in this unlicensed warehouse. As a result, the Public Prosecution ordered to refer the accused to the court which convicted them. In its ruling, the court stated that the violation of the trademark law is considered a material crime whose material element is the person's possession, and display of counterfeit goods, owned by another party, while the moral element is established based on the availability of knowledge in the suspect's certainty. The court also established that the special plastic parts of the thermometer is counterfeit and unlawfully used the trademark of other company. The inspections of the committee formed by the prosecution also confirmed that trademark on the product was fake.