Contributed By Jones Day
The aforementioned Commentary of the JPMA Promotion Code lists two cases in which providing information on unauthorised medicines or unauthorised indications during a scientific conference directed at healthcare professionals is allowed.
The first case is the presentation of clinical research results during a scientific meeting. However, seminars sponsored by pharmaceutical companies are not covered by this exception.
The second case is the display, by a pharmaceutical company, of educational samples of an unapproved medicine at an exhibition during an international scientific meeting. This only applies, however, when such an unapproved medicine has been approved in at least one other country. If no countries have approved the product, the company may not display a sample of the product. In addition, the pharmaceutical company may not distribute samples of unapproved medicines and related scientific materials to anyone during the meeting.
As mentioned in 3.1 Restrictions on Provision of Information on Unauthorised Medicines or Indications, the new Detailing Guidelines provide certain conditions on providing information on unauthorised medicines or unauthorised indication.
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