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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Rebates in kind are prohibited for all kinds of pharmacy-only pharmaceuticals apothekenpflichtige Arzneimittel.

Its small-to medium-sized manufacturing firms, or ‘Mittelstand’, specialise in technologically advanced goods and are often family-owned. For example, in heiilmittelwerbegesetz cases it will be necessary for a physician to obtain supervisory approval.

Consultations with specialists do not have to be referred by GPs and patients can see different GPs. Significant added benefit 3.

The respective assessment must be carried out on a case-by-case basis and in consideration of numerous factors, such as the difficulty of the service and the qualification of the health care professional. However, in anticipation of the legal developments, many companies have already treated self-employed physicians in the same way as privately or publicly employed clinic physicians. A marketing authorisation obtained in Germany gives the market authorisation holder the right to sell the authorised medicinal product in Germany.

Under section 1 of the Ordinance regarding the prescription of medicinal products Arzneimittelverschreibungsverordnungdrugs can only be prescribed by physicians or dentists within their professional field. Apart from a distribution on the occasion of educational events, such materials may be given to doctors if they satisfy the limited number of exceptional rules for gifts see question 4.

Extensive experience in advising companies on all matters concerning pricing and reimbursement in the out- and in-patient sector that is, AMNOG, NUB, rebates, reference pricing, DRGs and pre-market access strategies.

Is it possible to pay for his expenses travel, accommodation, enrolment fees? In addition, the German Criminal Code Strafgesetzbuch StGB sets out in sections and legal requirements regarding attempts to influence health care professionals who work in public hospitals. If a competent authority considers an advertisement to be unlawful, it has the power to stop further publication of such advertisement.

Pharmaceutical Advertising | Germany | ICLG

The Euro crisis also adds to this worrying scenario for several reasons: Moreover, as with any company heilmkttelwerbegesetz maintains a website, pharmaceutical companies are also obliged to publish on the website contact information regarding the company.

Sinceincentives have been given to pharmacies to offer generics and substitution is usually compulsory.


Product-related advertisements section 3, Advertisement of Healthcare Products Act Heilmittelwerbegesetz HWG and company-related heilmittelwerbegfsetz section 5, Act Against Unfair Competition Gesetz gegen den unlauteren Wettbewerb UWG addressed to health care professionals must not be misleading or unfair, namely, the promotional heilmittelderbegesetz must be correct and, if necessary, verifiable.

Such agreements must not be made dependent on any prescription or purchasing decision. Pursuant to Section 11 HWG, an advertisement addressed to the general public i. However, decisions have objected to the general application of such industry guidelines for non-members of the VfA. As Germany is part of the EU, three different marketing authorisation procedures apply:. Accordingly, the jurisprudence considered a packaged deal consisting of the purchase of medicines and the purchase of an additional asset to an extraordinarily reduced price here: Those industry guidelines are either addressed to health care professionals or the general public.

As the package deals could vary significantly heilmittelwdrbegesetz to their effect of inducement and influence on physicians, they have to be assessed on a case-by-case basis. When advertising a product to consumers, comparisons with other medicinal products are not permitted. These industry guidelines are binding for members of the relevant industry associations, and must be observed heilmittelwerbegeset non-members since they serve as a means of interpretation for German courts when assessing heilmittelwerbegexetz a certain collaboration with health care professionals infringes the respective legal provision see Question However, it is permissible to provide educational services e.

Communications activities are becoming even more diversified because there are multiple decision makers alongside healthcare professionals.

Pharmaceutical Advertising 2018 | Germany

However, for the whole ofthe economy grew by 3 per cent. A fiscal union backed by a new treaty will allow the EU to veto national budgets in the Eurozone that violate the so-called ‘golden rules’ regarding deficits. Peter Dieners Clifford Chance. The requirement for any financial support for passive participation in events is that the primary purpose of the event has to convey scientific information and communicate professional knowledge. Basically we need to be ahead of the curve.

In addition to the abovementioned alternative prerequisites in i or iiit must make greater logistical sense to hold the event in another country. Furthermore, the member companies of the FSA must publish donations exceeding EUR 10, per donation on an annual basis. According to the World Health Organisation WHOGermany’s disease profile reflects its high income status with heart disease and stroke the most common causes of death, followed by cancer, particularly lung and colon.

Industry guidelines applicable to the collaboration of pharmaceutical manufacturers and patient organisations are the:. However, according to one of the key principles, advertising must not be misleading which includes that any claim made has to be scientifically substantiated. The provision of samples of medicinal products is limited according to Section 47 paras. The ordering and acquisition of the medicinal product is carried out by a pharmacy.


A pharmaceutical company which has been subject to such administrative measures by the competent authorities has various rights of appeal. The question of whether the medicinal product may be distributed in another country based on the German authorisation must be answered based on the law of that country. Recent developments and outlook The wholesale of drugs is defined in section 4 22 of the AMG as any professional or commercial activity for the purpose of doing business that consists of the procuring, storing, dispensing or exporting of medicinal products, with the exception of the dispensing of medicinal products to consumers other than physicians, dentists, veterinarians or hospitals.

This model worked well once but is becoming stretched and outdated.

What are the different categories of drugs for distribution? Finally, the Medicinal Products Act Arzneimittelgesetz AMG also imposes legal requirements for interactions with health care professionals and patient organisations.

Slight added benefit 4.

Heilmittelwerbegesetz by Germany and Ulf Doepner (, Book) | eBay

The exemptions to this general prohibition in Section 7 HWG allows a company to grant a volume-related discount in kind or in money only in the following cases: The Federal Supreme Court Bundesgerichtshof ruled that discounts and bonuses are only permissible regarding insignificant gratuities, such as consumer magazines or small advertising gifts whose value is below EUR1. No guidelines on market research have been published to date. The general cancer mortality rate is lower than the EU average but slightly higher for breast cancer.

The FSA-Code of Conduct is even stricter and prohibits the promise, offer or granting of gifts to healthcare professionals irrespective to product-related or non-product-related advertising. The organisation of tours or programmes for spouses or other accompanying persons is not permissible for the same reasons.

Only section 1 6 of the Advertisement of Healthcare Products Act Heilmittelwerbegesetz HWG states that the HWG does not apply to order forms of online pharmacies regarding the information necessary for ordering of drugs online. Therefore, such advertisements should be permissible if they are in compliance with the previously mentioned general principles regarding the advertising of medicinal products.