Whether fair or unfair, it is still unsettled. The notion of extending liability to RFID provider has always attracted unclear stand. In the US, based on the RFID Law Blog's posting said: http://rfidlawblog.mckennalong.com/archives/drug-chain-security-liability-issues-with-rfid-for-drug-security.html, extending the contractual liability to RFID provider would be the option to control such movement of counterfeited drugs. The blog quoted:-
..."The FDA has indicated that they want drug companies to provide an electronic chain of custody that shows where drugs have traveled from manufacturer to patient, to reduce the risk of counterfeiting. RFID has been identified as the FDA's preferred technology for achieving that, although their rule does not specifically require RFID"...
Inquisitive question: What would be the position in the UK, EU, China, Singapore and Japan? It is hoped the EU consultation paper on RFID policy would be able to address this concern, to say the least.
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