Field of Healthcare (Heilmittelwerbegesetz – HWG), last amended on 20 System and their Employees were published in December reading of the proposal in November In the second part of .. Germany, the Remedies Advertising Act (Heilmittelwerbegesetz – HWG) were in line with the. Health on the Net Foundation. (accessed 9 June ). I S. ) vom 26 April Heilmittelwerbegesetz. [18] ICMJE.

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Enclose a statement in which he or she commits himself in writing to observe the regulations governing the proper operation of a wholesale enterprise.

Pharmaceutical Advertising | Germany | ICLG

heilmittelwerbegeesetz Please login to the form below. Who may bring such an action? In many cases, the fee paid for the services provided by health care professionals is inconsistent with the market value of the service. German Statistics Office, excludes stillborn cases and judicial causes To respond to ageing of the population, a long-term care insurance scheme was created in Pursuant heilmottelwerbegesetz the HWG, any advertising activity concerning a specific medicinal product yeilmittelwerbegesetz only permissible if it has obtained the relevant marketing authorisation or registration.

Furthermore, benefits may only be granted, offered or provided to healthcare professionals if they are relevant for the professional activity of the healthcare professional, e. Publications relating to unauthorised heilmittelwerbegexetz or to indications or pharmaceutical forms which are not covered by the marketing authorisation must not be of a promotional nature see question 2. In other cases, there may be additional regulatory limitations that must be satisfied, such as the FSA-Code of Conduct Healthcare Professionals as described above.

The market is fragmented, although some consolidation happened when Bayer bought Schering.

Distribution and marketing of drugs in Germany: overview

Moreover, the collaboration has to proceed in a transparent and open manner. The wording of the AMPreisV does not directly regulate these relationships.

A marketing authorisation obtained in Germany gives the market authorisation holder the right to sell the authorised medicinal product in Germany. What kinds of marketing activities are permitted in relation to professionals?

This requires the display of specific information about the heilmittelwetbegesetz responsible for the content of the site i. I understand more info. Basically we need to be ahead of the curve. At almost 9 per cent, the diabetes rate in the plus group places Germany fourth after US, Canada and Mexico. Member companies of the FSA may only provide assistance for the participation in such international events, provided that: Industry and Commercial Chambers are also entitled to such claims.


Distribution and marketing of drugs in Germany: overview | Practical Law

If so, what is the procedure for approval? Carolin Kemmner Clifford Chance.

General — Medicinal Products. The pharmaceutical industry needs to respond to the rapidly changing market and policy environment. When advertising a product to consumers, comparisons with other medicinal products are not permitted. The strict separation of the ambulatory and the hospital sector has also been loosened and there is more cost sharing.

The stipulated compensation must be reasonable with respect to the services to be rendered. More importantly, competitors may take direct action through the civil courts. Furthermore, German criminal law and the FSA-Code of Conduct Healthcare Professionals generally prohibit the provision and acceptance of any kind of heilmitrelwerbegesetz with respect to physicians that are granted in the context of their work, especially as consideration for carrying out purchasing or prescription decisions.

What is the general legal regime for the marketing of drugs?

Furthermore, such financial support may only be provided based on a written agreement with the publisher of such CME material. If so, what may be paid for? However, it is permissible to provide educational services e. It is a therapeutic referencing, as in the Netherlands where substitution goes beyond products with the same active ingredient to different molecules for the same indication, but its effectiveness as a cost-cutting tool is limited.

An average of over It is only permissible to refer to studies which are not considered in the SmPC if such studies are not contradictory to each other and meet certain scientific standards.

Can and, heilmuttelwerbegesetz practice, do the anti-bribery competent authorities investigate matters that may constitute both a breach of the advertising rules and the anti-bribery legislation, in circumstances where these are already being assessed by the pharmaceutical competent authorities or the self-regulatory bodies?

In addition, competitors may seek relief in substantive proceedings. In this case, in order to avoid a misrepresentation, the total value transferred to this individual heilittelwerbegesetz only be disclosed in aggregated form. Advertisements to Healthcare Professionals.

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Heiljittelwerbegesetz, even in such cases, the company might be liable for unlawful content of the linking website in cases where the company has knowledge of such content and has the ability to remove the link or to block visitors from following the link. Apart from some restrictions, non-prescription medicines may be advertised to the general public.

Significant added benefit 3. If there have not been such cases please confirm. The public healthcare bill has increased significantly since reunification and the hospital sector is the most costly.

With regard to rebates granted by mail order pharmacies established in other Member States and which are in contradiction with the German pricing rules set out in the AMPreisV, a political discussion is ongoing on how to implement the ECJ ruling heilmitteleerbegesetz above see question 4.

The ‘Cybercitizen Health Europe’ study by Manhattan Research revealed that people looking for information about pharmaceutical companies and their products are receptive heilmittelwdrbegesetz websites but not so keen on social media communications for that purpose.

There are strong signs that companies may be reluctant to launch new products in Germany to avoid the extra regulations and lengthy price negotiations. This obligation applies regardless of whether any of the trial sites used were located in Germany. As a general rule, the Advertisement of Healthcare Products Act Heilmittelwerbegesetz HWG and the respective industry guidelines prohibit the heilmiittelwerbegesetz of products or services unless they are inexpensive and relevant to the practice of human medicine.

It abolishes the reward and penalty points system and the requirement for a second opinion when prescribing costly drugs. Therefore, the restrictions contained in the HWG shall not be interpreted as being more restrictive than the restrictions in the EC-Directive. In practice, the higher regional authorities rarely pursue pharmaceutical manufacturers for infringements of unfair competition law.

These statutes apply to health care professionals working in the outpatient sector as well as to health care professionals working in hospitals.