Articles

Online platform and the prohibition of sale of medicinal product not subject to medical prescription: the CJEU rules that a factual analysis of the role of the platform must be conducted

Published 23 September 2024 by Fabrice Perbost. Harlay Avocats, France

The Court of Justice of the European Union’s judgment of 29 February 2024 sheds light on the question of whether Member States may prohibit the activities of e-commerce platforms operating in the field of medicinal products not subject to medical prescription.

The case involved the www.doctipharma.fr website which was edited and operated by the French company Doctipharma SAS (“Doctipharma”). The website connected pharmacists with customers and allowed the latter to buy medicinal products not subject to compulsory medical prescription from pharmacies websites.

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Advertisement of Medicines Directed to the Public

Published 13 August 2024 by Cristina Hernández Lería. Lener, Spain

The regulation of public advertising medicines in Spain aims to ensure that promotional practices are transparent, accurate, and responsible. This includes adhering to authorized technical details, presenting dosage information clearly, and avoiding misleading claims about efficacy. Advertising should be informative and comprehensible, avoiding exaggeration and ensuring that all claims are substantiated by technical data. This article explains in more detail what needs to be considered if you intend to advertise medicines in the Spanish market.

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Guideline on Medicine Priority Assessment Has Been Updated

Published 24 June 2024 by Dicle Doğan. Gün + Partners, Turkey

The Turkish Medicines and Medical Devices Agency updated its Guidelines on Scientific Meetings and Educational Events for medical devices on 4 January 2024, introducing a notable change of imposing a fee for event applications, set at TRY 1,114.02, effective immediately. This update eliminates the need to upload a commitment letter for event notifications and aims to streamline processes and enhance transparency in industry activities. However, the decision to charge fees has sparked criticism for potentially reducing the number of notifications by imposing additional financial burdens on companies. Further, similar fees will apply to pharmaceutical companies, although guidelines for pharmaceutical products have not been updated yet.

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Guideline on Co-Marketing of Medicines has been Updated

Published 24 June 2024 by Dicle Doğan. Gün + Partners, Turkey

The Turkish Medicines and Medical Devices Agency updated its Guidelines on Scientific Meetings and Educational Events for medical devices on 4 January 2024, introducing a notable change of imposing a fee for event applications, set at TRY 1,114.02, effective immediately. This update eliminates the need to upload a commitment letter for event notifications and aims to streamline processes and enhance transparency in industry activities. However, the decision to charge fees has sparked criticism for potentially reducing the number of notifications by imposing additional financial burdens on companies. Further, similar fees will apply to pharmaceutical companies, although guidelines for pharmaceutical products have not been updated yet.

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AI in Health Care

Published 04 June 2024 by Maarten Schut. Kennedy Van der Laan, The Netherlands

We cannot imagine life without AI anymore. The health care world too makes increasing use of AI. In this fact sheet we will describe in broad outline what care providers should pay attention to when purchasing and using AI from a health care law perspective. We will also give tips and recommendations for good use.

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