Life Sciences: Country Q&A tool

The Life Sciences Country Q&A tool enables subscribers to search the PLC Cross-border Life Sciences Handbook Country Q&As by question and jurisdiction. Simply select the questions and the jurisdictions that you are interested in and click the "submit" button. Please note that the law stated dates for each jurisdiction covered may not be the same. To check the law stated dates for each jurisdiction, please visit the individual article.
 

 

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Regulatory overview

1. Please give a brief overview of the regulatory framework for medicinal products/pharmaceutical products/drugs (as they are called in your jurisdiction), including the key legislation and regulatory authorities.
 

Pricing and state funding

2. Please give a brief overview of the structure and funding of the national healthcare system.
 
3. In what circumstances are the prices of medicinal products regulated?
 
4. When is the cost of a medicinal product funded or reimbursed by the state? Please briefly outline the procedure and pricing for state funding or reimbursement (for example, is the reimbursement paid to the producer, pharmacist or end-user)?
 

Manufacturing

5. Please give an overview of the authorisation process to manufacture medicinal products. In particular:
  • To which authority must the application be made?

  • What conditions must be met to obtain authorisation?

  • Are there specific restrictions on foreign applicants?

  • What are the key stages and timing?

  • What fee must be paid?

  • How long does authorisation last and what is the renewal procedure?

 
6. What powers does the regulator have to:
  • Monitor compliance with manufacturing authorisations?

  • Impose penalties for a breach of a manufacturing authorisation?

 

Clinical trials

7. Please give an overview of the regulation of clinical trials. In particular:
  • Which legislation and regulatory authorities regulate clinical trials?

  • What authorisations are required and how is authorisation obtained?

  • What consent is required from trial subjects and how must it be obtained?

  • What other conditions must be met before the trial can start (for example, the requirement for a sponsor and insurance cover)?

  • What are the procedural requirements for the conduct of the trial (for example, using certain medical practices and reporting requirements)?

 

Marketing

8. Please give an overview of the authorisation process to market medicinal products. In particular:
  • To which authority must the application be made?

  • What conditions must be met to obtain authorisation?

  • What are the key stages and timing?

  • What fee must be paid?

  • How long does authorisation last and what is the renewal procedure?

 
9. Please briefly outline the abridged procedure for obtaining marketing authorisations for medicinal products. In particular:
  • Which medicinal products can benefit from the abridged procedure (for example, generics)?

  • What conditions must be met?

  • What procedure applies and what information can the applicant rely on?

 
10. Are foreign marketing authorisations recognised in your jurisdiction? If so, please briefly outline the recognition procedure.
 
11. What powers does the regulator have to:
  • Monitor compliance with marketing authorisations?

  • Impose penalties for a breach of a marketing authorisation?

 
12. Are parallel imports of medicinal products into your jurisdiction allowed? If so, please briefly outline what conditions must be met by the parallel importer. Can intellectual property rights be used to oppose parallel imports?
 
13. Please briefly outline the restrictions on marketing practices such as gifts or "incentive schemes" for healthcare establishments or individual medical practitioners.
 
14. Please briefly outline the restrictions on marketing medicinal products on the internet, by e-mail and by mail order.
 

Advertising

15. Please briefly outline the restrictions on advertising medicinal products. In particular:
  • Which legislation applies and which regulatory authority enforces it?

  • What types of medicinal product cannot be advertised?

  • What restrictions apply to advertising that is allowed?

 

Packaging and labelling

16. Please briefly outline the regulation of packaging and labelling of medicinal products. In particular:
  • Which legislation applies and which regulatory authority enforces it?

  • What information must the packaging and/or labelling contain?

  • What other conditions must be met (for example, information being stated in the language of your jurisdiction)?

 

Traditional herbal medicines

17. Please briefly outline the regulation of the manufacture and marketing of traditional herbal medicinal products in your jurisdiction.
 

Patents

18. What types of medicinal products and related substances and processes can be protected by patents and what types cannot be patent protected? What are the legal criteria to obtain a patent? Which legislation applies?
 
19. How is a patent obtained? In particular:
  • To which authority must the application be made?

  • What fee must be paid?

  • What are the key stages and timing?

 
20. How long does patent protection last? How is a patent renewed or patent protection extended?
 
21. In what circumstances can a patent be revoked?
 
22. When is a patent infringed? How is a claim for patent infringement made and what remedies are available?
 

Trade marks

23. Can a medicinal product brand be registered as a trade mark? What are the legal criteria to obtain a trade mark? Which legislation applies?
 
24. How is a trade mark registered? In particular:
  • To which authority must the application be made?

  • What fee is payable?

  • What are the key stages and timing?

 
25. How long does trade mark protection last? How is a trade mark renewed?
 
26. In what circumstances can a trade mark be revoked?
 
27. When is a registered trade mark infringed? How is a claim for trade mark infringement made and what remedies are available?
 
28. Is your jurisdiction party to international conventions on patent and trade mark protection?
 

Product liability

29. Please give an overview of medicinal product liability law, in particular:
  • Under what laws can liability arise (for example, contract, tort or statute)?

  • What is the substantive test for liability?

  • Who is potentially liable for a defective product?

 
30. What are the limitation periods for bringing product liability claims?
 
31. What defences are available to product liability claims?
 
32. What remedies are available to the claimant?
 
33. Are class actions allowed for product liability claims? If so, are they common?
 

Reform

34. Please summarise any proposals for reform and state whether they are likely to come into force and, if so, when.