The Legal and Institutional Framework of Market Surveillance and the Fight against Spurious, Falsely Labelled, Falsified or Counterfeit Product in West Africa: The Case of Togo

Abstract

The worsening of the phenomenon of the circulation of spurious, falsely-labelled, falsified or counterfeit product (SFFC) in the world has prompted several African countries to take part in a number of international initiatives and to develop national strategies. Although often unknown to the general public, in Togo, there are institutions and bodies in charge of regulation, and a legal framework for the control and monitoring of the drug market. The law n°2009-007 of May 15, 2009 on the public health code and the law n°2015-10 of November 24, 2015 on the penal code are the main legal instruments that allow, in addition to the international conventions to which Togo is a party, to define the legal framework, the qualification of the offences and the sanctions applicable in the context of such offences. While the definitions and sanctions imposed may be diverse, the penal code remains the most specific text incriminating offenses in the context of PMQIF.