Civil Liability of Manufacturers and Distributors of Counterfeit Medicines in the Legal System of Afghanistan

In Afghanistan, one of the significant contemporary legal issues concerns the civil obligations of manufacturers and distributors of medicines. Noncompliance with the legal and regulatory standards governing the production and distribution of pharmaceuticals gives rise to civil liability, particularly when counterfeit medicines are involved. This study adopts a descriptive–analytical approach and is based on library research. It examines the civil liability of manufacturers and distributors of counterfeit medicines, with particular emphasis on the legal system of Afghanistan. The findings demonstrate that the Consumer Protection Law, especially Articles 6 to 20, sets forth the duties of producers and distributors in safeguarding consumer rights, while Articles 776 and 777 of the Civil Code establish the general framework for civil liability. The principles of fault-based liability, risk theory, and strict liability constitute the primary legal bases for holding manufacturers and distributors accountable for damages caused by counterfeit medicines. Civil liability in this context is predicated upon three essential elements: the commission of a harmful act, the occurrence of damage, and the existence of a causal relationship between the act and the damage. In the pharmaceutical sector, obligations such as ensuring product safety, providing accurate and sufficient information, and refraining from the manufacture or distribution of counterfeit medicines are fundamental. They may give rise to civil liability if breached. Ultimately, the principal legal consequences of civil liability include replacement or return of the product, restitution of the purchase price, and compensation for resulting damages. Keywords: Afghanistan, Manufacturer and Distributor of Medicine, Civil Liability, Counterfeit Medicine, Compensation for Damages